• Kevin Dean, Environmental Issues Affecting Investment in all Inclusive Resorts (IBA 2001).  Abstract: All-inclusive resorts - why are they so popular for tourists and tour operators? Environmental implications. Impact on communities. Focussing on specific destinations - Mexico, St. Lucia, Barbados, Jamaica and Sandals. Impact on investors. Cruise - environmental issues and changing regulation.
  
• Mathias Dierkes, Privatisations in the German Utility Industry (SBL/ BARCELONA/99).  Abstract: The different types of privatisation reflect the variations of the given structures in the German utility industry. The genuine environmental risks of privatisation are in Ger-many to be assessed on the background of an elaborate legislation and a caring public administration. In the past the lack of acceptance of polluting plants in the German public and the duration of the permitting processes were central points. Today the problems of over- capacities and consequential costs prevail in the environmental discussion. Financial consequences of importance can also result from the related fields of public tendering, of public fees and of the German laws regulating prices.
  
• Gail Flesher, How to Incur Liability Without Really Trying? The Perils of Parenthood (IBA Conference 2002).  Abstract: Under the laws of the United States, parent companies are generally not responsible for the liabilities of their subsidiaries. In the environmental arena, however, the statutory provisions are broadly drafted and often vague, and public policy favours imposing liability on those who benefit from a business rather than leaving the liability with taxpayers, thus the general rule against holding a parent responsible for the sins of its child has been altered. Parent companies may be personally responsible for the environmental liabilities of a subsidiary - either indirectly or directly.
  
• Carlos de Miguel Perales, Environmental Accounting: Introduction - General Overview (IBA Conference 2003).  Abstract: During the past decade, environmental-related issues have been increasingly affecting the valuation of companies' assets, whether tangible or intangible, as a result of which users (within companies, Public Administration and the general public) have been increasing the pressure for transparent and accurate environmental accounting information. This is where environmental accounting becomes an essential practice and tool for all businesses. This article intends to introduce the reader to the concept of environmental accounting, describing the main issues related to this recent but essential practice for the development of a sound and transparent business.
  
• Carlos de Miguel Perales, Main Environmental Issues in Privatisations in the Utility Industry (SBL / BARCELONA / 99).  Abstract: When dealing with privatisations, environmental issues will arise in connection with licenses required for starting or continuing the activity in question. One main practical concern relates to the environmental impact assessment. Theoretically, a company might have to face several EIA for the same project, which is unreasonable, most expensive and, many times, impracticable. To avoid this, close contacts with the competent authority is necessary. Other cases typically related to environmental issues when dealing with privatisations are the consideration of residual pollution, and the carrying out of due diligence when acquiring a public company or participating in an IPO. 
  
• Claus-Peter Martens, Environmental Issues in Privatisations with a Focus on the German Utility Industry (SBL / BARCELONA / 99).  Abstract: This paper deals with different forms of privatisation (formal/substantive) and the relevant aspects of German environmental law. Under German environmental law, the communities have to ensure proper waste and waste water disposal. However, they may choose from several ways to fulfil their respective obligations. The communities are entitled to create legal entities under private law under municipal control (so-called formal privatisation). This organisational privatisation needs to be distinguished from so-called substantive privatisation which is characterised by a legal shifting of public duties to the private sector. Several environmental issues are raised in the privatisation of public duties of the utility sector. The utility businesses construct and operate plants and installations on which Ger-man environmental law imposes both procedural law and substantive requirements. With respect to procedural law, the permit requirements under the Federal Emission Control Act (BImSchG) and the Building Ordinances of the Federal States are of particular impor-tance. One of the most important environmental issues relevant for plants and installations of the utility industry is soil and water pollution due to the regular occurrence of hazardous chemicals. With respect to soil pollution, the 1998 Federal Soil Protection Act (Bundes-Bodenschutzgesetz - BBodSchG) has finally regulated the subject on a federal level. Before then, provisions for the protection of the soil only existed at state level. The Federal Water Resources Act (WHG), in conjunction with the subordinate ordinances, regulates the problem of water-polluting substances.
  
• Bernat Mullerat, Parent Company Liability for Environmental Damage: The European Perspective (IBA Conference 2001).  Abstract: Parent companies often entrust hazardous or polluting activities to thinly capitalised subsidiaries in order to shield from any potential liability incurred by the subsidiary. To counteract this long-standing trend, Courts and lawmakers around the world have developed mechanisms to overcome the obstacles imposed by corporate law to shield parent companies and shareholders from the liabilities of limited liability companies. This paper examines the instruments being developed in the European Union and in Spain to allow the piercing of the corporate veil in case of environmental damage caused by subsidiary companies.
  
• Rashmi Rawat, Conflicting Interests in Environment Protection: India (IBA Biennial Conference 2000).  Abstract: There are over 400 central and state legislation which are relevant to varying extent to protect environment. India also participates in many international agreements and programs concerned with aspects of nature conservation and sustainable development. Despite these efforts on the legislative front the somewhat indifferent attitude of the administrative authorities has prompted the judiciary to arm itself with new judicial techniques to curb environmental abuse. Though the courts operate with inherent limitations owing to the economy of the country, their bold and innovative pronouncements have been quick in responding to urgency of environmental protection especially in relation to mining, forests, wildlife, urban planning and relocation of industries. 
  
• Erik M Vermeulen & Roger Cotton, Basics of Environmental Accounting for Lawyers from a European Perspective (IBA Conference 2003).  Abstract: During the last decades environmental issues have become extremely important for companies and their stakeholders. In accordance herewith also the financial impact of environmental issues and their consequences for the annual accounts have become more important. This paper discusses relevant European regulations in this regard and, in particular, the EC Recommendation of 30 May 2001, as well as the ways to take account of environmental issues in the annual accounts, described therein. Furthermore, by way of illustration, it is briefly described how environmental issues are addressed in the annual reports of the Royal Dutch/Shell Group of Companies and DSM NV. In addition, a Dutch law case judged by the Entrepreneurial Chamber regarding environmental accounting is presented.

Books

• John Barrett, Environmental Issues in Insolvency Proceedings (1997).  Abstract: An up-to-date analysis of the treatment of environmental issues in bankruptcy and insolvency proceedings in: Canada, Denmark, Germany, Spain and the United Kingdom and the United States. Also contains useful insights from a major international bank into the handling of international credits where environmental concerns are raised in insolvency proceedings. 

Journal Articles

• Paul H. Manning, Conference Report: Transborder Guidelines relating to Environmental Issues in International Construction and Utility Projects in the Developing World, International Business Lawyer Vol. 31, No. 2 (2003).  Abstract: This was a joint session of Committees F, K and T. It was agreed that the session would deal with all aspects of international construction and utility projects. The speakers addressed the following issues: the UNCITRAL legislative guide on privately financed infrastructure projects and the UNCITRAL proposed model legislative provisions on privately financed infrastructure projects; the policies and requirements of the World Bank in financing international infrastructure projects; infrastructure projects in Africa and in particular in the civil law jurisdictions of French speaking Africa and the relevance of the OHADA treaties; the dynamic legal regime within South Africa in the context of which infrastructure projects must take place; the joint project being undertaken by the three Committees designed to draw together the various legislation guidelines and contractual provisions relating to international infrastructure projects; and the impact of the Arhuus Convention and corporate social responsibility programmes.
  
• Dr Thomas Reimer, Impact of EU Environmental Legislation on the Extractive Industry, International Business Lawyer Vol. 29, No. 2 (2001).  Abstract: Dr Thomas Reimer examines the impact of EU Directives on extraction industries, in particular the case of Hellweg Borde. This case concerned the legal significance of this area in Germany being classified as an 'important bird area' and therefore the possibility of it being regarded as a 'special protected area' under EU Law. It examines the opposing arguments and the involvement of the European Commission in settling the dispute. It concludes that the case may still go before the European Court of Justice in which case it will be decided whether the area is strictly for birds or whether the people living in the area have overriding rights.
  
• Ian Rose, Producer Responsibility and E.C. Competition Law, Business Law International No. 4 (2000).  Abstract: Examines the E.C. environmental policy of imposing responsibility for the costs of regulating products during its life on producers with a discussion of the competition implications of compliance. The article examines the failure of the Packaging Directive, the End of Life Directive and the Waste Electrical and Electronic Equipment Directive to deal with the competition implications of collective compliance. The article examines the approach of the E.C. Commission to gain guidance on complying with competition laws whilst implementing these directives. It concludes that collective arrangements that do affect competition should have as its aim an objective of E.C. environmental policy and must ensure that they do not become disguised cartels.