please-write-an-essay-to-answer-the-following-questions

Requirement: Writing Content and Style :The answer should follow consistent Referencing of legal and other materials. One guide is OSCOLA https://www.law.ox.ac.uk/sites/files/oxlaw/oscola_4th_edn_hart_2012.pdf.

There is an absolute word limit of 1,500 words for each question answered inclusive of footnotes, endnotes etc.

Question 1: The government of state A, a developing country, wishes to undertake two projects.

The first project concerns the construction of a hydroelectric power station near its border with state B, a developed country. In order to supply the hydroelectric station with water the government of state A is planning to divert a river that flows through its territory close to the borders with state B.

The diversion of the river is expected to have a number of impacts. First, the farms in the areas through which the river currently flows will become unusable for cultivation. These farming lands are mainly in state A but some are also in state B.

States A and B share an ecosystem with high biodiversity. Both states A and B have established protected areas near their common border for the purpose of ensuring the integrity of this ecosystem. The river diversion is likely to seriously affect the protected ecosystem. It is believed that the protected areas in state B will lose biodiversity and some species may disappear altogether. These changes will lead to a reduction of the number of eco-tourists. However, the movement of the river’s bank is likely to have a positive impact for the protected areas of state A and the projections suggest an increase in the number of eco-tourists in state A.

The second project concerns the construction of a smelting factory in the area that will become available by the diversion of the river near the border with state C, a developing state. The smelting factory is likely to emit noxious fumes. The residents of a town in state A, located downwind from the smelting factory, are particularly worried because atmospheric pollution in this town has been responsible for a large number of deaths every year and they fear the additional pollution will make matters worse for them. Farm owners in states A and C are also worried about the sensitivity of their crops to the chemicals emitted by the smelting factory.

Assuming that the laws in state A are similar to the laws of Hong Kong, discuss both of the following issues:

a. The rights and obligations that state A has towards neighbouring states B and C in relation to the development of both the power station and the smelting factory.

b. The options that private parties in state A have to resist the building and operation of the smelting factory

Question 2 Discuss the market mechanisms:

a.Introduced under the Kyoto Protocol to the United Nations Framework Convention on Climate Change; and

b.Used in Hong Kong under the Air Pollution Control Ordinance Cap. 311.

Explain whether in your opinion the market mechanisms have been successful in promoting the corresponding policy objectives.