The adoption of the concept and theory of sustainability by domestic law has not garnered an environmental ethic nor resulted in meaningful changes to legal, political, cultural and community institutions. As a consequence, the law remains incapable of attaining environmental improvements for the benefit of humans and other species. Present day environmental law is still primarily concerned with protecting property interests and upholding a narrow view of responsible government. Further, the law still characterises and purports to protect the environment as divisible components. This chapter argues that introducing a broad and multi-faceted theory of environmental justice drawn from environmental philosophy into the law would redress the environmental ethical deficit in the law. In particular, the chapter shows how an environmentally just legal system would be reformed with a focus on environmental assessment, pollution control, and species preservation laws.

Wind energy has divided environmentalists. To understand why, disparate groups from Victoria, Australia and the United Kingdom are characterised as discourse coalitions, and their views and arguments are digested into compelling storylines. Drawing on the literature that explains environmental conflicts in terms of contrasting values, a discourse analysis approach is used to identify and define the hybrid and plural values held by the groups within wind energy discourse coalitions. Importantly for future policy development, influences and views that motivate groups to participate in policy and project assessment are identified, the current battles over facts between coalitions are analysed, and the present ignorance of or preference for certain views and types of values are shown as hindering the policy making process.

In December 2003, the Federal Court delivered a decision that requires the Commonwealth Environment Minister (Minister) to widen his inquiry into the environmental impacts of projects referred to him under the Environment Protection Biodiversity Conservation Act 1999 (Cth) (EPBC Act). A further case is currently before the Federal Court which should provide proponents of projects with more guidance on what matters the Minister will be required to investigate when a referral is received under the EPBC Act.

This paper focuses on commercial rental properties, in particular office buildings. Problems, and possible solutions, for achieving consensus between a landlord and tenant on introducing ecologically sustainable development (ESD) principles into commercial leasing arrangements are considered in the context of new building projects and retrofitting existing buildings. In the latter context, the possible reliance on 'standard' commercial leases are considered, as well as a value proposition for tenants whose activities may be disturbed, or whose costs may be increased by, retrofitting ESD design features into an existing building. ESD-specific commercial lease terms are also briefly outlined.

World-wide, people and governments are gradually becoming more aware of the potential environmental, economic and health effects of climate change and the need for governments to take action to mitigate such impacts. This was emphasised by the creation of the United Nations Framework Convention on Climate Change (UNFCCC), signed at the Rio Earth Summit in 1992. There has been much discussion on the greenhouse policy response of the commonwealth government of Australia, especially its stance taken at Kyoto in December 1997. Despite the recent nationalisation of Australia’s state energy markets, due to Australia’s federal political structure, much of the policy responsibility for energy and environmental issues rests with the states. Given these circumstances it is surprising that there has been relatively little academic focus on the energy policies of the states.

Although The Socialist Republic of Vietnam (hereafter ‘Vietnam’) has rules regarding the conclusion and adoption of international treaties, they do not make clear whether international obligations entered into by Vietnam are self-executing or require the passage of national legislation to become effective domestically. The resolution to this issue is important because the mode of adoption of international treaties determines which law to apply where there is a conflict between an international treaty obligation and a domestic law. The issue also indirectly relates to how Vietnam complies with its treaty obligations.

This chapter will examine the rules with regard to the conclusion and adoption of treaties by Vietnam, questioning whether the Ordinance on the Conclusion and Implementation of International Agreements 1998 reflects an incorporation or transformation approach with respect to treaty adoption. Further evidence, specifically an analysis of the measures undertaken by Vietnam in fulfilment of its treaty obligations, the perceived application and effect of international treaties in Vietnam’s socialist law regime and the treatment of treaties in domestic laws, will be relied on to conclude how treaties are adopted in Vietnam.

Vietnam joined the international community’s efforts to preserve the environment with its accession to the Convention concerning the Protection of the World Cultural and Natural Heritage in 1987. Since the late 1980s, Vietnam has ratified or acceded to eleven international environmental treaties, addressing environmental concerns relating to the conservation of biodiversity, regulation of transboundary pollution and prevention of desertification. Despite Vietnam’s activity in the international realm, domestically the National Assembly has enacted few laws to give full effect to all of Vietnam’s international obligations. Policy makers and government officials have been charged with responsibility for the implementation of international environmental treaties. This paper discusses the measures taken by Vietnam to implement the international environmental treaties to which it is a party, and assesses Vietnam’s performance in fulfilling its international environmental treaty obligations.