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Environmental Law : Non-Applicability Abroad

By Rothberg, Louis K.

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Book Id: WPLBN0000225835
Format Type: PDF eBook
File Size: 0.4 MB
Reproduction Date: 2005

Title: Environmental Law : Non-Applicability Abroad  
Author: Rothberg, Louis K.
Language: English
Subject: Military, Armed Forces., National defense.
Collections: Military and Armed Forces Library Collection
Publication Date:
Publisher: Department of Defense


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Rothberg, L. K. (n.d.). Environmental Law : Non-Applicability Abroad. Retrieved from

Government Reference Publication

Introduction: As a member of the U.S. country team in Bandaria, you might be asked by the Minister of Defense the following question: Must FMS arms transfers, international cooperative agreements, and coproduction agreements for arms production in Bandaria, comply with U.S. environmental laws and regulations? The analysis provided in this note below, will explain why such FMS and international agreements need not comply, for purposes of regulating environmental activities in a foreign country with general U.S. environmental laws and regulations, such as the National Environmental Policy Act (NEPA) and the Resource Conservation and Recovery Act (RCRA). The reason is that generally, U.S. laws and rules do not apply outside the United States. However, the U.S. must comply with its treaty and other international agreements creating obligations under international law, e.g., the 1987 Montreal Protocol on Substances That Deplete the Ozone Layer, and 1990 adjustments and amendments that restrict global production and consumption of ozone-depleting chemicals.

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