Transboundary Pollution: Harmonizing International and Domestic Law

66 Pages Posted: 19 Sep 2006

See all articles by Noah D. Hall

Noah D. Hall

Wayne State University Law School

Abstract

Addressing transnational pollution requires both international and domestic law. Transnational pollution is an international problem that demands and deserves the attention of international legal mechanisms such as treaties, agreements, arbitration, and international management and governance. At the same time, transnational pollution problems can often be addressed more effectively and efficiently through the domestic legal system. An ideal approach is to harmonize transnational pollution management and dispute resolution under international and domestic law. This article seeks to provide pragmatic, feasible, and politically realistic solutions to transnational pollution by harmonizing international and domestic law. However, given the diversity in geography, domestic legal systems, and political realities that frame transnational pollution problems around the world, a specific pragmatic solution in one region may be useless or impossible in another region. Thus, this article focuses on transnational pollution problems and harmonizing the relevant international and domestic laws of one transnational region, the United States-Canada border, with the hope that it may provide lessons and potential models that will be valuable to policy makers and scholars elsewhere.

Keywords: Environmental law, international law, international environmental law, transboundary pollution

Suggested Citation

Hall, Noah D., Transboundary Pollution: Harmonizing International and Domestic Law. University of Michigan Journal of Law Reform, Vol. 40, p. 681, 2007, Available at SSRN: https://ssrn.com/abstract=931276

Noah D. Hall (Contact Author)

Wayne State University Law School ( email )

471 Palmer
Detroit, MI 48202
United States

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