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Greenpeace USA and Others v. Stone and Another

United States.  28 September 1990 ; 05 February 1991 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Jurisdiction — Territorial — Extraterritorial effect of legislation — United States Congress — Presumption against extraterritorial application of legislation — Whether presumption to be strictly applied — Evidence of clear Congressional intention needed to rebut presumption — Environmental legislation requiring United States Federal agencies to prepare environmental impact statement prior to sanctioning actions affecting the environment — Whether legislation applicable to actions of United States Army in Federal Republic of Germany and on the high seas

Environment — Hazardous waste — Transboundary transportation and disposal of hazardous waste — Obsolete chemical weapons — United States Army transporting chemical weapons from Germany to weapons disposal facility on Pacific island — Whether required to prepare comprehensive environmental impact statement covering the removal, transportation and incineration of weapons — Whether incineration of weapons subject to provisions of the London Convention on the Prevention of Marine Pollution by the Dumping of Waste, 1972

Relationship of international law and municipal law — Conduct of foreign relations — Justiciability of foreign relations questions — President concluding international agreement requiring United States to remove chemical weapons from foreign country — Whether removal and transportation of weapons complying with United States environmental legislation — Whether justiciable question

Relationship of international law and municipal law — Treaties — Effect in municipal law — Whether creating private right of action — Basle Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal, 1989 — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1995

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