Tuesday, August 13, 2013

Envirmental law


Evaluating the impact of international environmental laws on oil/gas production
Zen Petroleum (ZP) a company based in Canada is proposing to build a controversial new oil pipeline that will cross the country from west to east to transport crude oil to the Port for exportation. This would involve transcending forests, farmlands, and the natural habitat of some endangered species of birds and other wildlife.
Proponents of this project say the pipeline will stimulate economic activity, generate local jobs/income and supply oil to neighbouring countries; opponents say it will support an especially carbon-intensive form of oil extraction and could imperil indigenous habitat and wildlife.
A local pressure group from the community is also threatening to file a lawsuit against the company for environmental damages related to a recent oil spill from one of their drilling facilities offshore. They believe that this project could further aggravate the problem.
A militant Environmental group has just heard of the opposition from the local community and is planning a sit in on the facilities. It is also lobbying key stakeholders and the local and international press to tarnish the reputation of ZP.
ZP’s senior management and the Board are very concern about this new development as they had plans to expand their operations to the US and some European Countries especially Norway. Negative press could seriously affect their future expansion. The project in Canada is also an important part of their strategy for expansion and are keen to see this project take off.
You are a Senior Manager of ZP and have been asked by the Managing Director to prepare a Board Paper for presentation at the next board meeting in which you will provide an evaluation of the situation and a proposal for a successful implementation of this project.
Required:
Write a Board Paper addressed to the Board of Directors of Zen Petroleum (ZP) providing an analysis and advice for the implementation of this new pipeline.
Provide an action plan for the company as a part of the Board Paper. Your proposal should take into account the following issues:
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• Application of the principles of international environmental law such as
o the principle of common but differentiated responsibilities
o the precautionary principle,
o Sustainable development,
o The Polluter-Pays Principle and the prevention of Transboundary Principle
o The use/exploitation of environmental resources
• Assess the implications on biodiversity, sustainability and health
• Critically evaluate implications of this pipeline project on the local and international environment
• Critically Analyse the regulatory framework and the impact of this project on (national, local, regional and international) compliance standards
• Develop a step-by-step approach to implementing the proposed project giving consideration to opposing views from the local community
Your analysis and recommendations should also consider the benefits and potential barriers to successful implementation of this project and measures to be adopted to ensure that the project contributes positively to sustainable development.
Further information:
Format: Board Paper using the standard Template provided in moodle. The assignment should be submitted as ONE WORD DOCUMENT file saved as Surname-FirstNamesInitial-M026LON-BP. Use Arial or New Times Romans, font of size 11 or 12 and include page numbers. Assignments submitted in pdf will not be marked.
• Word Limit: The word limit for this assignment is 2000 words.
• Referencing: Your assignment should include in-text citations and supported with a full List of References at the end of the assignment. You are expected to use the CULC’s Harvard Referencing Style available in moodle).Click Here To Get More On This Paper!!!!
Your assignment will be assessed using a rubric (marking criteria). This can be found in the Module Guide for M026LON International Environmental Law. The following interpretations of the learning outcomes will be applied:
LO1 Demonstrate a critical understanding of the rules and principles of international environmental law and policy in the context of the oil and gas industry (20 marks)
• The need for and the development of environmental laws, the factors behind the law: what issues are there to legislate against? What are the compliance standards?
• The principles are linked to key national and international policies/strategies and laws (‘hard’ and ‘soft’) relating to the type of oil/gas production activity under study.
• Disclosures: Should information on policy and law be made available to the public?
• What is the role of non-state actors in shaping international environmental law?
LO3 Analyse and critically evaluate the different mechanisms available to regulators for protecting the international environment within a jurisprudential context (15 marks)
• The need for (an independent) regulator and/or regulatory institution(s)
• Key legislative frameworks (which encapsulate the mechanisms) are fully considered
• The justification of the process of enforcing/implementing environmental laws (e.g. National/international courts, environmental protection agencies, etc)
LO4 Critically evaluate some of the current challenges that governments face in implementing international environmental law and policy (15 marks)
• Comment on responsibilities and obligations of the State (as against other States and relevant stakeholders) with regards to implementation of national and international legal frameworks relating to the impact of the project on the environment.
• Mention the challenge faced in balancing strategic national interest against regional and international obligations. Is there a conflict? What about the interest of the local population?
LO5 Appreciate and critically evaluate the wide range of social, economic and political impacts of the oil and gas industry and the tools needed to manage them (15 marks)
• The impact of oil and gas production on the environment: biodiversity, health, waste, water resources, nuclear energy, climate change.
• The strategies used by oil and gas companies to manage the environmental effects of their oil/gas activities: are there lessons to be learnt from existing approaches?
LO6 Critically review the future development of laws and policies governing the international environment (10 marks)
• The circumstances under which a country should implement national as against international laws when dealing with current environmental issues
• The limitations of existing ‘hard’ and ‘soft’ environmental laws: are there precedents that can inform current oil/gas production standards and practices to guard against future environmental damage?
Brief Synopsis of the Issue

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Recommendation(s)

1. Background
Introduce key issues about the case study and the selected country; describe how your board paper has been organised to explore these issues and to address the assessment requirement (see assessment brief).
2. Impact of Oil/Gas Production on the Environment
The relationship between oil/gas production and the environment within the context of the case study country and company.

3. Oil/Gas Production and International Environmental Law
Types of international environmental laws and how they are expected to protect the environment from the type of project to be undertaken.

4. Critical Evaluation
Critical analysis and discussion making linkages between 1, 2 and 3 above and further justifying recommendations: what are the arguments for and against your recommendations?
5. Implementation of Recommendations
Step-by-step approach to implementing your proposed recommendations; consistency with the type of strategic objectives of the company towards environmental protection.

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