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.
Comparative and Foreign Law | Environmental Law | International Law | Transnational Law
Hall, Noah D.. Transboundary Pollution: Harmonizing International and Domestic Law. 40 U. Mich. J.L. Reform 681, 746 (2007)