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Articles 31 - 50 of 50
Full-Text Articles in Entire DC Network
Rethinking Genocidal Intent: The Case For A Knowledge-Based Interpretation, Alexander K.A. Greenawalt
Rethinking Genocidal Intent: The Case For A Knowledge-Based Interpretation, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
From its initial codification in the 1948 Convention on the Prevention and Punishment of Genocide to its most recent inclusion in the Rome Statute of the International Criminal Court, the international crime of genocide has been defined as involving an "intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such." The predominant interpetation of this language views genocide as a crime of "specific" or "special" intent, in which the perpetrator deliberately seeks the whole or partial destruction of a protected group. This Note pursues an alternate approach. Relying on both the history of …
Human Rights And Non-State Actors, Thomas Michael Mcdonnell
Human Rights And Non-State Actors, Thomas Michael Mcdonnell
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Comparative Environmental Law Perspectives On Legal Regimes For Sustainable Development, Nicholas A. Robinson
Comparative Environmental Law Perspectives On Legal Regimes For Sustainable Development, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
As the world's largest summit meeting ended in Rio de Janeiro in 1992, the heads of state and their representatives assembled at the United Nations Conference on Environment and Development (UNCED), commonly referred to as Agenda 21. They embraced Agenda 21 as “a dynamic programme” which can “evolve over time in the light of changing needs and circumstances,” and as a process making “the beginning of a new global partnership for sustainable development.” Agenda 21 is premised on two factual perspectives. First, the documentation of trends in the deterioration of the environmental conditions in many parts of the world is …
The 'Ascent Of Man': Legal Systems And The Discovery Of An Environmental Ethic, Nicholas A. Robinson
The 'Ascent Of Man': Legal Systems And The Discovery Of An Environmental Ethic, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
A decade ago, firefighters in a warehouse on the Rhine in Switzerland washed chemicals, solvents, and mercury into the river, destroying all life in the river for miles, killing millions of fish, and endangering the water supplies of cities in Germany and the Netherlands. This tragedy galvanized the river valley states into action. They vowed to clean up the river, not just from that incident but from the effects of having used the river as a sewer for two centuries. But how clean is clean? The goal for this calculated plan, which will take decades to achieve, is symbolized by …
Attaining Systems For Sustainability Through Environmental Law, Nicholas A. Robinson
Attaining Systems For Sustainability Through Environmental Law, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Five years have passed since the historic Earth Summit. Although significant progress has been made since Rio, much remains to be done. Poverty and environment degradation continue to affect the lives of millions of people in many parts of the world. Global warming, the loss of biological diversity, the spread of deserts, deforestation, the crisis in many of our cities remind us every day of the challenges which confront us. The unsustainable patterns of consumption and production continue to be the major cause of environmental degradation worldwide. This is therefore not an occasion for complacency or mindless celebration. It is, …
The Utility Of International Law For Protecting Women's Health Rights, Vanessa Merton
The Utility Of International Law For Protecting Women's Health Rights, Vanessa Merton
Elisabeth Haub School of Law Faculty Publications
There is one area, however, where international law seems to hold promise; certain cultural practices that pose special, direct threats to the lives and health of women (although male infants and children often share women's vulnerability in this regard). I have in mind sexual slavery, coercive prostitution and pornographic exploitation, rape, compulsory marriage, coerced impregnation and its converse, coerced abortion and sterilization; spousal abuse, dowry deaths and coerced suicide, female infanticide and sex-specific abortion. All of these practices are the product not of microbes, poor hygiene, or a lack of health care, but of deliberate human behavior. All these practices …
Defensively Invoking Treaties In American Courts--Jurisdictional Challenges Under The U.N. Drug Trafficking Convention By Foreign Defendants Kidnapped Abroad By U.S. Agents, Thomas Michael Mcdonnell
Defensively Invoking Treaties In American Courts--Jurisdictional Challenges Under The U.N. Drug Trafficking Convention By Foreign Defendants Kidnapped Abroad By U.S. Agents, Thomas Michael Mcdonnell
Elisabeth Haub School of Law Faculty Publications
This Article unravels the non-self-executing treaty doctrine, examines the invocation of a treaty as a defense to governmental action, and develops a test for when an individual (rather than a government) may assert a treaty defensively in state or federal courts. Lastly, this Article applies this test to state-sponsored kidnapping and the U.N. Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. The parties to this treaty, which was sponsored by the United States, barred one country's law enforcement agents from operating without permission on another country's soil and rejected a provision requiring a country to extradite its own …
The Law Of Sustainable Development, Nicholas A. Robinson
The Law Of Sustainable Development, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
I am going to talk briefly, as dictated by the format of this seminar, about the law of sustainable development and how it has been developing. Sustainable development is, today, the guiding theme for both public and private measures to improve social conditions and strengthen economic conditions around the world. It did not become a guiding theme overnight. The recognition that sustainable development is fundamental has been growing gradually. The concept recognizes that the sort of development that was popular in the 1960s and 1970s in the United States of America and elsewhere was, by itself, an inadequate base on …
Iucn's Proposed Covenant On Environment & Development, Nicholas A. Robinson
Iucn's Proposed Covenant On Environment & Development, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This article examines the genesis and scope of the IUCN draft Covenant. It (a) describes IUCN's interest and experience in preparing the proposed draft Covenant; (b) analyzes the roles the draft Covenant can serve; and (c) identifies some illustrative precedents for the Articles of the draft Covenant.
International Trends In Environmental Impact Assessment, Nicholas A. Robinson
International Trends In Environmental Impact Assessment, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This paper explores the range of legislation that has created the EIA mandate. A more comprehensive study of all EIA laws is under preparation by the Commission on Environmental Law of the International Union for the Conservation of Nature and Natural Resources, but this study will not be complete until 1992. In the absence of such an exhaustive analysis, this paper sketches the global legislative trends in EIA.
Soviet Environmental Protection: The Challenge For Legal Studies, Nicholas A. Robinson
Soviet Environmental Protection: The Challenge For Legal Studies, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
The five essays by Soviet environmental law specialists published in this volume of the Pace Environmental Law Review provide insights into the contemporary debate in the USSR about how to protect nature. Before commenting on each essay, it is useful to sketch out the problems which the Soviet Union is encountering as it struggles to cope with its substantial pollution and widespread natural resource misuse.
Straight Baselines In International Law: A Call For Reconsideration, Gayl S. Westerman
Straight Baselines In International Law: A Call For Reconsideration, Gayl S. Westerman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
The U.S. - U.S.S.R. Agreement To Protect The Environment: 15 Years Of Cooperation, Nicholas A. Robinson
The U.S. - U.S.S.R. Agreement To Protect The Environment: 15 Years Of Cooperation, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This Article will discuss the origins and operation of the Environmental Bilateral, its functioning in international law, and its contribution to environmental law in each country.
Perestroika And Priroda: Environmental Protection In The Ussr, Nicholas A. Robinson
Perestroika And Priroda: Environmental Protection In The Ussr, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This article reviews the initial Soviet decisions through 1988, applying perestroika to the problem of protecting priroda. Surveyed here is the scope of the ecological problems in the USSR and traditional responses, followed by an examination of the current Soviet policy to restructure its administrative and legal system for environmental protection. These initial reforms will not all result in a direct or immediate improvement of the Soviet environmental protection regime. For instance, the reforms also are stimulating the Soviet "not in my backyard" (NIMBY) phenomenon, or local opposition to the siting of developments ranging from electrical power plants, to facilities …
The Threat Of Material Injury Standard In Countervailing Duty Enforcement, M. Stuart Madden
The Threat Of Material Injury Standard In Countervailing Duty Enforcement, M. Stuart Madden
Elisabeth Haub School of Law Faculty Publications
One purpose of passage of the Trade Agreements Act of 1979 was to bring U. S. countervailing duty and antidumping law into conformity with the comparable laws of GATT trading partners by raising the standard required for enforcement action by the International Trade Commission. While the "material injury" standard adopted in the Act had its origins in the GATT, the standard was also influenced by other international agreements, as well as the history of U.S. countervailing duty law and its application by the ITC -- sources which were often inconsistent, if not contradictory. The "threat of material injury" standard was …
The Juridical Status Of The Gulf Of Taranto: A Brief Reply, Gayl S. Westerman
The Juridical Status Of The Gulf Of Taranto: A Brief Reply, Gayl S. Westerman
Elisabeth Haub School of Law Faculty Publications
The special problem of identifying the juridical nature of coastal indentations is but one aspect of a more fundamental problem: the need to accommodate the legitimate exclusive interests of coastal states in maximizing wealth, power, and national security with the inclusive interests of the community of states in maximizing freedom of the seas. Throughout historical cycles of mares liberum and clausum, this fundamental accommodation has remained the central focus of the international law of the sea. Even today, after thoroughgoing codification efforts in 1958 and 1982: the legal regime of the oceans remains in transition.
Review Of International Product Liability, David S. Cohen
Review Of International Product Liability, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Introduction: Emerging International Environmental Law, Nicholas A. Robinson
Introduction: Emerging International Environmental Law, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This Introduction notes the emerging mandate for international environmental law and the concurrent problems of implementation. It focuses on two particular applications of this new mandate: the United States-Panama Joint Environment Commission for the Panama Canal, and the suggested role of the United Nations Environment Programme in developing a system of global environmental hazard alerts.
Extraterritorial Environmental Protection Obligations Of Foreign Affairs Agencies: The Unfulfilled Mandate Of Nepa, Nicholas A. Robinson
Extraterritorial Environmental Protection Obligations Of Foreign Affairs Agencies: The Unfulfilled Mandate Of Nepa, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This article will focus on the initial Department of State position, as set forth in a legal memorandum which interpreted NEPA as not requiring compliance by a foreign affairs agency. It will then examine the language of the Act and its legislative history. Finally, the article will reveal a pattern of official self-insulation from national environmental policy, illustrated by the Export-Import Bank's continuing refusal to comply with NEPA's requirements. It will suggest that much remains to be done if NEPA is to be fully effective in governing the extraterritorial consequences of the federal government's actions.
When Smoke Gets In Your Eyes: Proposed Ratification By The United States Of The Geneva Protocol On Chemical-Biological Warfare, Linda C. Fentiman
When Smoke Gets In Your Eyes: Proposed Ratification By The United States Of The Geneva Protocol On Chemical-Biological Warfare, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
In light of the Japanese proposal, the current disarmament talks, the Administration's review of the United States' chemical warfare policy, the Defense Department's request for appropriations for production of binary weapons, and the as yet unratified Convention on Bacteriological Weapons and Toxins, it seems more important than ever for the Senate to give its advice and consent to the ratification of the Geneva Protocol. Since the dispute between the Administration and the Senate Foreign Relations Committee is over the interpretation of the scope of the Protocol's chemical warfare prohibition, it seems particularly appropriate at this time to determine whether or …