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Environmental Law Drafting in Central and Eastern Europe

September 1992

Citation: ELR 10597

Author: Ruth Greenspan Bell

Editors' Summary: Legal reforms are sweeping Central and Eastern Europe, including the drafting of new environmental laws. Advisors from western countries, including the United States, are trying to apply lessons learned during the past 20 years to the current law drafting effort. However, the history of environmental regulation and the economic transitions currently taking place make this process unique.

The Article explores different factors that law drafters should consider, such as building confidence in law as an institution and the need for setting realistic environmental goals. It suggests ways that the law drafting effort might be better connected to current priorities during a period of economic and social transition. It explores ways to connect environmental law and environmental results, and examines the strengths and weaknesses of the United States' contribution to the drafting process.

Ruth Greenspan Bell is Senior Attorney in the International Activities Division of the Office of General Counsel, U.S. Environmental Protection Agency, Washington, D.C. From March 1991 to August 1991, Senior Fellow, Polish Representative, Regional Environmental Center for Central and Eastern Europe (Budapest). The author assists a number of central and eastern european contries in their law drafting effort. The views expressed here are the author's and do not necessarily represent EPA or the Regional Environmental Center. The author has benefitted from discussions on this subject with Margaret Bowman (ELI), David Hunter (CIEL), Jan Bloom (Paul, Weiss, Rifkind, Wharton & Garrison), Joseph Bell (Hogan & Hartson), and Eckart Meyer-Rutz (Bundesministerium fuer Umwelt, Naturschutz and Reaktorsicherheit).

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