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Full-Text Articles in Law
International Investment, Expropriation And Environmental Protection, J. Martin Wagner
International Investment, Expropriation And Environmental Protection, J. Martin Wagner
Golden Gate University Law Review
After a brief description of the relationship between foreign investment and the environment in Part II, the Article will describe the protection against expropriation provided by international agreements, briefly discussing bilateral investment agreements and then detailing the protection provided by NAFTA and the MAI in Part III. Part IV will then describe the challenges to environmental laws that have been brought under NAFTA's investment chapter. Next, Part V will examine the treatment of indirect expropriation under U.S. and international law. Part VI will demonstrate that, under NAFTA and international expropriation and environmental law, environmental measures should not normally give rise …
The Environmental Challenge Of The Common Market In South America: Rema Under Mercosur, Pedro Villegas
The Environmental Challenge Of The Common Market In South America: Rema Under Mercosur, Pedro Villegas
Golden Gate University Law Review
This article will first discuss the type of cooperation that MERCOSUR provides for negotiation of trade and environmental policies. Comparison with the NAFTA illustrates the limited range of MERCOSUR initiatives beyond trade policies and its defense within general inter-American development debates. Second, the article offers a profile of current Southern Cone environmental challenges. Third, the article lays out MERCOSUR's environmental policies and the paucity of progress made in adequately addressing those environmental challenges.
Beyond The Nation State: Natural Resource Conflict And "National Interest" In Mekong Hydropower Development, Philip Hirsch
Beyond The Nation State: Natural Resource Conflict And "National Interest" In Mekong Hydropower Development, Philip Hirsch
Golden Gate University Law Review
In this article, I examine environmental, social and legal issues associated with Mekong hydropower development in three main arenas. Each of these arenas takes discussion beyond the nation state, and in so doing I argue that the framework for the Mekong River Commission, which is designed to balance interests of riparian states, is quite limited. The first sense in which decision making in Mekong development goes beyond the nation state is the most obvious, in that the international nature of the river, which flows through six countries, raises transboundary issues of water sharing, fisheries management and other resource and environmental …
Nature Conservation And Trade Distortion: Green Box And Blue Box Farming Subsidies In Europe, Jim Dixon
Nature Conservation And Trade Distortion: Green Box And Blue Box Farming Subsidies In Europe, Jim Dixon
Golden Gate University Law Review
Many rural communities in Europe are distinctively dependent on farming. Also, the very close association between Europe's environmental assets - soil, water, forests, biodiversity - and farming make a strong case for integrating environmental objectives in farm policy. However, the European model too often assumes that Europe's farming is static and that market protection (in the form of export subsidies, tariffs and subsidies) will automatically deliver the additional functions of the European model. This article will seek to critique this assumption. It is argued that the European Model is justifiable as a descriptor of part of the EU countryside but …
Do Two Wrongs Make A Right? Adjudicating Sustainable Development In The Danube Dam Case, Stephen Stec
Do Two Wrongs Make A Right? Adjudicating Sustainable Development In The Danube Dam Case, Stephen Stec
Golden Gate University Law Review
The dispute between Hungary and Slovakia over the construction of a system of barrages on the Danube presented an extraordinarily complex set of facts of a technical nature, especially with respect to the assessment of the potential environmental impacts of the project. The case presented an opportunity for the consideration of the extent to which environmental concerns could justify the substantial reformation or termination of a treaty-based regime. In so doing the ICJ could give shape to developing concepts such as sustainable development and the precautionary principle. As the dispute involved the unilateral diversion of the Danube by Czechoslovakia, the …
Sovereignty And Ecology: An Introduction To The Issue, Paul Stanton Kibel
Sovereignty And Ecology: An Introduction To The Issue, Paul Stanton Kibel
Golden Gate University Law Review
No abstract provided.