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International Whaling Commission Indicates Potential Reversal Of Policy, Athena Kennedy, Jon Feldon
International Whaling Commission Indicates Potential Reversal Of Policy, Athena Kennedy, Jon Feldon
PEEL Alumni Scholarship
In June, the International Whaling Commission (“IWC”) held its 58th Annual Meeting in St. Kitts and Nevis and, for the first time since its inception in 1946, declared that it intends to reintroduce “controlled and sustainable” whaling of certain whale species.The 33-32 vote is purely declaratory and does not effect a change in the IWC’s ban on whaling, which would take a 75 percent vote to overturn. However, organizations across the globe call the vote an indication of a dramatic policy shift demonstrating an “abdication of responsibility by the global community” and a sign of IWC evolution from a conservational …
World News, Scott Johnson, Cari Shiffman, Daniel Winokur
World News, Scott Johnson, Cari Shiffman, Daniel Winokur
PEEL Alumni Scholarship
An August 2006 report by China’s Zhejiang Provincial Environmental Bureau (“ZPEB”) highlights continuing damage from petrochemical waste, heavy metals pollution, and overfishing to the Zhoushan fishery in the East China Sea. The Zhoushan fishery is among the largest in the East China Sea, and home to more than three hundred fish species, more than eighty shrimp and crab species, and more than 125 varieties of algae. The fishery accounts for ten percent of China’s total annual fish catches and fifty percent of total catches for the Zhe- jiang Province. The ZPEB study indicates that 81 percent of the 20,800 km2 …
Regulatory Frameworks For Water Resources Management: A Comparative Study By Salman M.A. Salman & David D. Bradlow The World Bank, 2006, Julia Yeagle
PEEL Alumni Scholarship
Salman and Bradlow begin by observing that as water has become an increasingly scarce resource, many states have started to adopt legislation to address a variety of issues facing the water sector. Based on a state’s legislative response, the authors place it into one of three categories: (1) countries that have adopted comprehensive water statutes; (2) countries that are struggling to agree on a comprehensive statute; and (3) countries that have addressed water issues in provisions that are scattered throughout different laws and regulations.
Islands Of Garbage Continue To Grow In Pacific, Ursula Kazarian
Islands Of Garbage Continue To Grow In Pacific, Ursula Kazarian
PEEL Alumni Scholarship
Hundreds of square miles of discarded plastic have formed islands on the high seas, created by drifting debris caught in the oceans’ currents. The islands are held together at the points where these currents merge, producing massive, rotating vortexes of trash visible to the human eye from afar. The largest of these islands, located in the Pacific Ocean midway between Hawaii and San Francisco and known as the “Eastern Garbage Patch,” is reportedly twice the size of Texas and continuing to grow. The slightly smaller “Western Garbage Patch” lurks off of the shores of Japan. Many more are growing around …
Sound Management Of Chemicals In Developing Countries Under The Rotterdam Convention, Sun Young Oh
Sound Management Of Chemicals In Developing Countries Under The Rotterdam Convention, Sun Young Oh
PEEL Alumni Scholarship
Many developing countries lack the necessary infrastructure and appropriate environmental regulations to handle hazardous chemicals in an environmentally sound manner. Effective technical and financial assistance for developing countries is necessary to achieve the Convention’s long-term success. Since “developing nations are the main recipients of international trade in chemicals that the Rotterdam Convention addresses,” it is vital that importing nations have the ability to evaluate the safety of the imported chemicals. This may prevent developed countries from exporting dangerous chemicals to developing countries as a way to cheaply dispose of them and avoid environmental regulations.
India's Toxic Landfills: A Dumping Ground For The World's Electronic Waste, Nisha Thakker
India's Toxic Landfills: A Dumping Ground For The World's Electronic Waste, Nisha Thakker
PEEL Alumni Scholarship
From New Delhi in the north, to Calcutta in the south, a repetitive striking image is found in India’s metropolises. One reporter writes of a “hostile zone” in Calcutta where “high brick walls block the views of activities going on with- in.” What hides behind those walls, however, tells a chilling tale of what happens to the discarded electronics of developed countries. These electronic waste (“e-waste”) scrap yards have become common in India. Within these landfills children “as young as eight-years-old tear apart electronic components with bare hands, while vats of acid lying just a few feet away bubble like …
Chemical Taking: Glyphosate And The Eradication Of Due Process In Colombia, David A. Wilhite
Chemical Taking: Glyphosate And The Eradication Of Due Process In Colombia, David A. Wilhite
PEEL Alumni Scholarship
Cocaine politics continues to take a toll on Colombian social, political, economic, and legal stability. Coca is indigenous to the Andean Mountains and for hundreds of years, native populations and immigrants to the region have consumed its leaves for both medicinal and customary purposes. The United States consumes cocaine at a rate of over 300 metric tons per year. Each year approximately 6,548,000 North Americans consume cocaine, annually spending $43.6 billion. In an effort to curb this consumption, and because coca is the base of cocaine, the American and Colombian governments have combined forces using pesticide in an attempt to …
Fair Trade For All: How Trade Can Promote Development By Joseph Stiglitz And Andrew Charlton, Maria Vanko
Fair Trade For All: How Trade Can Promote Development By Joseph Stiglitz And Andrew Charlton, Maria Vanko
PEEL Alumni Scholarship
Joseph Stiglitz and Andrew Charlton recently released a book that aims to bridge the gaps felt by both developed and developing countries. Fair Trade For All presents a broad agenda by which trade policies can integrate developing countries into the world market. With the presumption that trade is good for development, Stiglitz and Charlton suggest a carefully managed trade liberalization agenda. They criticize the Washington Consensus’ simple prescription of rapid liberalization and privatization of markets as causing instability and inequality, and instead propose an alternative model that emphasizes fairness. They contend that the assumption that broad market liberalization makes countries …
Product-Based Environmental Regulations: Europe Sets The Pace, Paul E. Hagen
Product-Based Environmental Regulations: Europe Sets The Pace, Paul E. Hagen
PEEL Alumni Scholarship
Environmental law practitioners in the United States will want to take note of these new product- based measures for several reasons. First, as the EU is the largest trading partner of the United States, these new product-based measures are critically important to U.S. companies. Second, in conditioning market access to adherence with new product standards, the EU is, in effect, establishing global product standards, as few U.S. companies can afford to ignore a potential consumer market that is now much larger than the United States or even all of North America. In this regard, in-house counsel and environmental health and …
World News, J.C. Sylvan, Cari Shiffman, Frank Pigott, Abigail Okrent
World News, J.C. Sylvan, Cari Shiffman, Frank Pigott, Abigail Okrent
PEEL Alumni Scholarship
Since an explosion on November 13, 2005 at Jilin Petrochemical Corporation’s benzene factory in the northeastern city of Harbin, 45 other pollution accidents were reported to China’s State Environmental Protection Administration [“SEPA”], including six “major disasters.” The Harbin explosion poured one hundred tons of the carcinogenic benzene and nitrobenzene into the Songhua River in a plume of contaminated water 150 kilometers long. Ten thousand people were evacuated and four million people had no public water services for several days. On February 14, 2006, another major spill in the Yuexi River left 20,000 residents of the Sichuan village of Guanyin without …
Battered Nation Syndrome: Relaxing The Imminence Requirement Of Self-Defense In International Law, Michael Skopets
Battered Nation Syndrome: Relaxing The Imminence Requirement Of Self-Defense In International Law, Michael Skopets
American University Law Review
No abstract provided.
Battered Nation Syndrome: Relaxing The Imminence Requirement Of Self-Defense In International Law, Michael Skopets
Battered Nation Syndrome: Relaxing The Imminence Requirement Of Self-Defense In International Law, Michael Skopets
American University Law Review
No abstract provided.
The Legal Dimensions Of Climate Change: Conference Report, Jennifer Rohleder, Jillian Button
The Legal Dimensions Of Climate Change: Conference Report, Jennifer Rohleder, Jillian Button
PEEL Alumni Scholarship
The conference was attended by more than 150 participants representing a broad spectrum of the legal community: law students and faculty, in-house counsel, law firm attorneys, government policymakers, and public interest advocates. The attendees gained information about the latest developments in the field, with a special focus on the challenges and opportunities faced by the business sector. Case studies explored how leading companies assess risk, evaluate their emissions, and develop reduction strategies. Participants left the event with information and skills they will be able to use to help assess corporate climate risks and opportunities, and develop strategies for the future. …
The Effects Of The Kyoto Protocol On Taiwan, Yi-Yuan William Su
The Effects Of The Kyoto Protocol On Taiwan, Yi-Yuan William Su
PEEL Alumni Scholarship
Both the UNFCCC and the Kyoto Protocol, like many international agreements, limit participation in negotiations and ratification to “States.” After the General Assembly of the United Nations recognized the People’s Republic of China (“PRC”) as the only representative of China in 1971, most States severed diplomatic relations with Taiwan. As it is not recognized as a “State” pursuant to international treaty definitions, Taiwan faces a tremendous obstacle to participating in international organizations. For instance, it is typically excluded from negotiations and discussion in all meetings concerning multilateral environmental agreements.
Climate Change, The Kyoto Protocol, And The World Trade Organization: Challenges And Conflicts, Daniel Mcnamee
Climate Change, The Kyoto Protocol, And The World Trade Organization: Challenges And Conflicts, Daniel Mcnamee
PEEL Alumni Scholarship
This article seeks to address one possible domestic step that State Parties to the Kyoto Protocol may take to reduce emissions, the additional measure which must be taken to address the international competitiveness of the effected industries, and the compatibility of these measures with WTO obligations. In particular, the article will address the use of a tax based on the amount of carbon or energy used during the production process. While such a tax may effectively reduce harmful emissions, it will also increase costs for domestic industry, thereby reducing international competitiveness. Therefore, governments may seek to implement a border tax …
The Role Of Third-Party Verification In Emissions Trading Systems: Developing Best Practices, Jennifer Rohleder
The Role Of Third-Party Verification In Emissions Trading Systems: Developing Best Practices, Jennifer Rohleder
PEEL Alumni Scholarship
This article examines several of the emissions trading systems currently in place around the world and how they conduct their monitoring and verification processes. By comparing the systems, and studying their experiences, we can distill best practices for implementing an effective monitoring and verification protocol. Compliance is required in both a command-and-control system and a trading system; but a trading system has the additional demands of transparency and confidence in the scheme. Verification is critical because it promotes compliance, which in turn is needed to foster trust and stability in the market. Emissions disclosure must be universally trusted in order …
Reinterpreting Torture: Presidential Signing Statements And The Circumvention Of U.S. And International Law, Erin Louise Palmer
Reinterpreting Torture: Presidential Signing Statements And The Circumvention Of U.S. And International Law, Erin Louise Palmer
Human Rights Brief
No abstract provided.
Using International Law To Interpret National Constitutions-Conceptual Problems: Reflections On Justice Kirby's Advocacy Of International Law In Domestic Constitutional Jurisprudence, A. Mark Weisburd
American University International Law Review
No abstract provided.
Remarks By An Idealist On The Realism Of 'The Limits Of International Law', Kenneth Anderson
Remarks By An Idealist On The Realism Of 'The Limits Of International Law', Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
This paper is a response to Jack L. Goldsmith and Eric A. Posner, 'The Limits of International Law' (Oxford 2005), part of a symposium on the book held at the University of Georgia Law School in October 2005. The review views 'The Limits of International Law' sympathetically, and focuses on the intersection between traditional and new methodologies of international law scholarship, on the one hand, and the substantive political commitments that differing international law scholars hold, on the other. The paper notes that some in the symposium claim that the problem with 'The Limits of International Law' is that it …