Abstract
This chapter analyzed existing international and regional legal developments to deal with soil contamination and remediation measures. It further examined characteristics of different national legal approaches in the field of soil contamination and remediation process. It concluded that there are little international initiatives for the adoption of an international soil regime to deal with soil protection including issues of contamination and possible remediation measures. Absence of international soil protection regime and hence lack of concerted global and national efforts on remediation action on contaminated sites could pose not only serious health risks but also long-term sustainable development challenge. However, a credible, comprehensive model law on soil contamination could make a considerable progress for remediation of contaminated sites globally and hence could reduce health and environmental risks for future generations.
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References
Bates GM (2006) Environmental law in Australia. LexisNexis ButterWorths, Chatswood
Brandon E (2011) The development and harmonization of domestic site contamination law: the role of international law and other mechanisms. Ph.D. thesis, University of South Australia, Australia
Chun Z (2014) China “lacks experience” to clean up its polluted soil. China Dialogue, Bei**g
Cooper S (2013) Soil remediation and the environment. Environmental Protection, Dallas
Darmendrail D (2014) EU legislation applying to contaminated sites management and future needs. Paper presented at the 5th joint Nordic Meeting on Remediation of Contaminated Sites (NORDROCS 2014), Stockholm, Sweden, September 15–18
Dellinger M (2012) Ten years of the Aarhus Convention: how procedural democracy is paving the way for substantive change in national and international environmental law. Colo J Int Environ Law Pol 23:311–366
EEA (2007) Europe’s environment – the fourth assessment. European Environment Agency, Copenhagen
Ellis J (2006) Has international law outgrown trail smelter? In: Bratspies RM, Miller RA (eds) Transboundary harm in international law: lessons from the Trail Smelter arbitration. Cambridge University Press, Cambridge, pp 56–61
Fowler R (2007) Site contamination law and policy in Europe, North America and Australia – trends and challenges. Paper presented at the 8th meeting of the International Committee on Contaminated Land, Stockholm, Sweden, September 10–11
Fowler R (2012) Other international environmental law aspects of soils: soil contamination and soil carbon sequestration. Paper presented at the IUCN World Conservation Congress, Jeju, Korea, September 6–15
Hackett DP (1990) An assessment of the Basel convention on the control of transboundary movements of hazardous wastes and their disposal. Am Univ Int Law Rev 5:291–323
Haninger K, Ma L, Timmins C (2012) Estimating the impacts of brownfield remediation on housing property values, Working paper EE 12-08. Duke Nicholas Institute for Environmental Policy Solutions, Durham
Hannam I, Boer B (2002a) Legal and institutional frameworks for sustainable soils – a preliminary report, IUCN Environmental Policy and Law Paper No. 45. International Union for Conservation of Nature (IUCN), Cambridge
Hannam I, Boer B (2002b) International and national legal and institutional frameworks for the sustainable use of soil. Paper presented at the 12th ISCO conference, Bei**g, China, May 26–31
Kummer K (1992) The international regulation of transboundary traffic in Hazardous wastes: The 1989 Basel convention. Int Comp Law Q 41:530–562
Layard A (2004) The Europeanisation of contaminated land. Environmental Law Review 6:97–110
Lye LH, Manguiat MSZ (eds) (2003) Towards a “Second Generation” in environmental laws in the Asian and Pacific region: select trends, IUCN Environmental Policy and Law Paper No. 48. International Union for Conservation of Nature (IUCN), Cambridge
Mitsunari M (2014) Toward the next generation soil protection framework in Japan (Part 1 and 2). ENFOS, San Mateo
Nathanail CP, Bardos P (2004) Reclamation of contaminated land. Wiley, West Sussex
Preston B (2008) Ecologically sustainable development in the context of contaminated land. Paper presented at the Australian Land and Groundwater Association 1st annual conference, EcoForum 2008, Gold Coast, Queensland, February 28
Prokop G, Schamann M, Edelgaard I (2000) Management of contaminated sites in Western Europe (Topic report No 13/1999). European Environment Agency, Copenhagen
Read JE (2006) The trail smelter dispute [Abridged]. In: Bratspies RM, Miller RA (eds) Transboundary harm in international law: lessons from the trail smelter arbitration. Cambridge University Press, Cambridge, pp 27–31
UNEP (2014) Basel convention on the control of transboundary movements of hazardous wastes and their disposal: protocol on liability and compensation for damage resulting from transboundary movements of hazardous wastes and their disposal (texts and annexes). United Nations Environment Programme (UNEP), Geneva/Switzerland
US EPA (2009) Soils policy: soil contamination in Europe. United States Environmental Protection Agency, Washington, DC
Vegter J, Lowe J, Kasamas H (eds) (2002) Sustainable management of contaminated land: an overview. Austrian Federal Environment Agency (on behalf of CLARINET), Wien
Viñuales JE (ed) (2015) The Rio declaration on environment and development: a commentary. Oxford University Press, Oxford
World Bank (2012) Towards a more effective operational response: arsenic contamination of groundwater in South and East Asian countries. World Bank, Washington, DC
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Azam, M.M. (2016). Soil Contamination and Remediation Measures: Revisiting the Relevant Laws and Institutions. In: Hasegawa, H., Rahman, I., Rahman, M. (eds) Environmental Remediation Technologies for Metal-Contaminated Soils. Springer, Tokyo. https://doi.org/10.1007/978-4-431-55759-3_5
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DOI: https://doi.org/10.1007/978-4-431-55759-3_5
Publisher Name: Springer, Tokyo
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