Legal Aspects

Abstract

The article contains sections titled: 1. Industrial Chemistry and Law 1.1. Law, Society, Chemistry, and Ethics 1.2. Policy and Legal Principles Affecting Industrial Chemistry 1.2.1. Precautionary Principle 1.2.2. The Polluter‐Pays Principle 1.3. Economic Integration and Environmental Protection 1.4. Other General Trends of Health, Safety and Environmental Laws Affecting Industrial Chemistry 1.5. Scope of this Keyword 2. European Community Legislation Affecting Chemicals 2.1. The European Community Framework 2.2. Product‐Oriented Legislation 2.3. Legislation on Chemical Installations 3. Towards the Adoption of New Civil Liability Rules: A New Challenge for the Chemical Industry 3.1. Introduction 3.2. General Trends and Debates Affecting Modern Civil Liability Systems 3.2.1. New Trends 3.2.2. Recognition of Ecological Damage in International and Community Law of Civil Liability 3.2.3. International Harmonization in the Context of Liability for Dangerous Activities 3.2.4. Actions and Requests by Organizations 3.2.5. Financial Security Schemes 3.2.6. Essential Requirements 3.3. Liability for Defective Products and European Community Law 3.3.1. Background and Legal Basis 3.3.2. Nature of the Liability Regime 3.3.3. The Three Options of the Directive 3.3.4. Other important Aspects of the Directive 3.4. Community‐Proposed Directive on Liability for Waste 3.4.1. The “Channelling” of Liability 3.4.2. Definition of the Producer 3.4.3. The Concept of Waste 3.4.4. Insurance and Compensation Fund 3.5. Civil Liability for Damage Caused during the Carriage of Dangerous Goods by Land: The Convention of October 10, 1989 3.6. Liability in Connection with the Carriage of Dangerous Substances by Sea (HNS) 3.7. The Council of Europe Convention on Compensation for Damage Caused by Dangerous Activities 3.7.1. Background 3.7.2. Key Features of the Council of Europe Convention 3.7.2.1. Liability Regime 3.7.2.2. Concept of Operator 3.7.2.3. Incident 3.7.2.4. Concept of Dangerous Activity 3.7.2.5. Concept of Damage 3.7.2.6. Environment 3.7.2.7. Right of Action of Private Groups 3.7.2.8. Causal Link and Administration of Proof 3.7.2.9. Financial Security Scheme 3.7.2.10. Access to Information 3.8. The 1993 European Commission Green Paper on Remedying Environmental Damage 3.9. Economic Aspects and Questions Bearing on the Insurance of the Industrial Risk 3.10. Conclusions 4. Waste Shipments in the European Union: The Interface between Environmental Regulation and the Internal Market 4.1. Introduction 4.2. European Community/Union Measures 4.2.1. The Internal Market, “1992” 4.2.2. The Single European Act 4.2.3. The Maastricht Treaty ‐ Environmental Provisions 4.2.4. Other Applicable Provisions of the Treaty of Rome 4.3. Waste Shipments: Conflict between European Union Free Movement of Goods Principles and Environmental Regulation 4.3.1. The New Regulation 259/93: Introduction 4.3.2. Specific Provisions of Regulation 259/93 4.3.2.1. Shipments of Waste between EU Member States 4.3.2.2. Exports of Waste from the EU 4.3.2.3. Imports of Waste into the EU 4.3.2.4. Transit of Waste from Outside and Through the EU for Disposal or Recovery Outside the European Union 4.3.2.5. Common Provisions 4.3.3. The Trade ‐ Free Movement and Environmental Protection Conflicts in Complying with EC Regulation 259/93 4.3.3.1. Definitions 4.3.3.2. Liabilities 4.3.3.3. Administrative Issues 4.3.3.4. Trade and Competition Issues 4.4. Conclusion 5. The Seveso Directive: An Example of the Interface between Community Law and National Implementation Rules 5.1. Historical Background and Content 5.2. Implementation Requirements 5.3. Conclusions 6. U.S. and European Environmental Legislation 6.1. Introduction 6.2. The Environmental Regulatory System 6.3. Methods of Lawmaking in the United States and the European Community 6.4. U.S. and European Environmental Laws 6.4.1. Environmental Impact Assessment Laws 6.4.2. Accident Planning and Public Information Laws 6.4.3. Air and Water Pollution Legislation 6.4.4. Solid and Hazardous Waste Regulation 6.4.5. Regulations on Chemical Products 6.5. Some Contrasts in U.S. and EC Environmental Legislation 6.5.1. Regulatory Gaps 6.5.2. Implementation of Legislation 6.5.3. Enforcement of Legislation 6.6. Outlook 7. Environment, Safety, and Chemical Safety in Japan 7.1. Current Situation Concerning Environmental Protection