Elizabeth Brandon (PhD Student)
University of South Australia
Project Title
Development
and harmonisation of domestic site contamination law: The
role of international law and other mechanisms
Biography
Originally
from the Mornington Peninsula in Victoria, Elizabeth graduated in
Arts/Law from the Australian National University in 1999.
Between graduation and qualifying to practice as a solicitor,
Elizabeth worked as a trainee solicitor in Canada, Australia and
the UK. Elizabeth was admitted to practise law in the ACT and
South Australia, and practised as a solicitor in McLaren Vale,
South Australia, during 2003-2004.
Start Date
August
2006
Project Details
The
research focuses on the role of international law and institutions
in developing effective site contamination laws at the national
level, given that contaminated land is now a rapidly increasing
concern in many countries. Most countries, outside of the developed
(OECD) group, do not have specific legislation for contaminated
sites. Even among the countries that do, there is little or no
consistency between their approaches.
Harmonisation of site contamination law may be achieved in
different ways. One avenue is the use of international law (e.g.
treaties), institutions (such as the World Bank) and actors (eg
industry groups). Another way is through the development of a
‘model policy framework’ for site contamination. My
research will examine whether such an approach would be feasible,
who might initiate these developments within individual countries,
and how. A harmonised approach to site contamination may help
improve standards of management, possibly leading to less
environmental harm, fewer health issues, a lighter burden on future
generations, greater legal certainty, and more favourable
conditions for the sustainable use of previously contaminated
sites. However, any ‘model policy framework’ would need
to be flexible enough to allow for the socio-economic, legal,
cultural and geological differences between
countries.
Thesis Abstract - Summary
This
thesis explores avenues for promoting the development of
comprehensive domestic laws on site contamination, with a focus on
the role of international law and actors. Site contamination is a
particular problem for both developed countries and those
undergoing rapid urbanisation. The issue of domestic site
contamination regulation in the context of international law and
environmental law is discussed, as is the nature and extent of the
site contamination problem.
Despite the growth of international environmental law in the past
few decades, there is no global treaty that specifically and
comprehensively addresses site contamination, whether in its own
right or as a sub-issue. Most developing countries and economies in
transition do not have specific legislation for contaminated sites.
Some developed countries have specific legislation, but there is
minimal harmonisation between their approaches. Many other
countries rely on more general environmental protection laws which
may be inadequate to manage the complex problem. Given the lack of
any site contamination law in most countries, and the inadequacies
of laws relating to contaminated sites in the remaining countries,
there is a prima facie case for harmonisation on the issue.