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.