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Articles 1 - 15 of 15
Full-Text Articles in Law
International Law, Industrial Location, And Pollution, Duane Chapman, Jean Agras, Vivek Suri
International Law, Industrial Location, And Pollution, Duane Chapman, Jean Agras, Vivek Suri
Indiana Journal of Global Legal Studies
The dominant position of economists on trade and environment is that
increasing trade raises living standards, which provide the economic
basis for reduced pollution. Professors Chapman, Agras, and Suri
present a perspective that raises very different points. First, the dramatic
growth of manufacturing in East Asia for global markets is
based entirely (or nearly so) on the importation of processed
pollution-intensive raw materials. For a typical product in this global
system, a U.S. consumer purchasing an Asian product made from
imported resources benefits from a lower price and a cleaner local
environment; however, energy use and pollution associated with the …
Environmental Standards Within Nafta: Difference By Design And The Retreat From Harmonization, Jeffrey Atik
Environmental Standards Within Nafta: Difference By Design And The Retreat From Harmonization, Jeffrey Atik
Indiana Journal of Global Legal Studies
Professor Atik argues that NAFTA, in legitimating regulatory differences among the NAFTA parties, represents a repudiation of standard harmonization. He states that while NAFTA and its environmental side agreement "have been described as the 'greenest' trade agreement to date," it marks a significant retreatfrom efforts to harmonize global environmental standards. This rejection is a product of "ajealous retention of sovereignty" by the NAFTA parties, as well as the careful maintenance of the parties' distinct production roles and specialities. Thus, Professor Atik argues that a convergence of standards will likely remain elusive within NAFTA. Both highstandard and low-standard parties may prefer …
Customary (And Not So Customary) International Environmental Law, Daniel Bodansky
Customary (And Not So Customary) International Environmental Law, Daniel Bodansky
Indiana Journal of Global Legal Studies
In this article, Professor Bodansky examines the creation and importance of customary international law. He suggests that the debate over the legal status of any given norm may be misplaced Instead, he suggests that international lawmakers should spend their time and energy incorporating norms, regardless of their true status, into "concrete treaties and actions." The author begins his discussion by providing a working definition of customary international law. He asserts that such law can be based not just on uniformities of state behavior, as is traditionally held, but also on regularities in behavior. Thus, customary international law can be formed …
Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell
Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell
Indiana Journal of Global Legal Studies
Professor O'Connell discusses the tradtional methods used for international law "enforcement," and she argues that international law is generally obeyed Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement, however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through domestic courts. …
The Puzzling Relationship Between Trade And Environment: Nafta, Competitiveness, And The Pursuit Of Environmental Welfare Objectives, Ileana M. Porras
The Puzzling Relationship Between Trade And Environment: Nafta, Competitiveness, And The Pursuit Of Environmental Welfare Objectives, Ileana M. Porras
Indiana Journal of Global Legal Studies
The North American Free Trade Agreement (NAFTA) is often claimed to be a "promising beginning" for the reconciliation of trade and environment. Professor Porras, however, suggests that the form that "reconciliation" takes in NAFTA is extremely problematic. Harmonization of standards to facilitate the free flow of trade is a familiar trade goal. NAFTA's provisions regarding environmental standards, however, are not a straightforward requirement to harmonize standards. Rather, NAFTA recognizes state autonomy in standard setting, on the one hand, while requiring a form of upward harmonization, on the other. According to Professor Porras, the result of such an arrangement is the …
International Environmental Law And The "Bottom-Up" Approach: A Review Of The Desertification Convention, Kyle W. Danish
International Environmental Law And The "Bottom-Up" Approach: A Review Of The Desertification Convention, Kyle W. Danish
Indiana Journal of Global Legal Studies
The media was once filled with images of encroaching deserts and
starving populations. Attention has since shifted to other issues, but
the problems remain. Desertification is acute not only in familiar
desert regions such as the Sahara, but in regions such as the Sahelian
and Other drylands which comprise nearly thirty-five percent of the
earth's total land area. Mr. Danish analyzes the Desertification
Convention of 1995, discussing both the Convention's efforts to
address the environmental degradation and the Convention's impact
on international notions of the state, crafting large-scale responses,
and generating centralized regulation. This Convention employs a
"bottom-up" approach; it …
Introduction: International Environmental Law And Agencies: The Next Generation Symposium, Alfred C. Aman
Introduction: International Environmental Law And Agencies: The Next Generation Symposium, Alfred C. Aman
Indiana Journal of Global Legal Studies
No abstract provided.
Too Much Waste: A Proposal For Change In The Government's Effort To Clean Up The Nation, Ian G. John
Too Much Waste: A Proposal For Change In The Government's Effort To Clean Up The Nation, Ian G. John
Indiana Law Journal
No abstract provided.
Legal Imagery In The "Garden Of England", Eve Darian-Smith
Legal Imagery In The "Garden Of England", Eve Darian-Smith
Indiana Journal of Global Legal Studies
Ms. Darian-Smith explores the relationship between law and the
concept of "landscapes, "which she describes as the spatial imagery
through which law is conceived and from which it draws meaning.
She first defines the complex and historically rich concept of the
"garden image," both in general and as it is seen in (and by)
England, its people, and its surrounding political, cultural, and
spatial contexts. In general terms, the garden image is injected into
issues of environmental law. Further, she notes that the garden has
been a fluid, ever-changing concept for England's society and its
developing legal system. Specifically, Darian-Smith …
The African Elephant, Africa, And Cites: The Next Step, Bill Padgett
The African Elephant, Africa, And Cites: The Next Step, Bill Padgett
Indiana Journal of Global Legal Studies
No abstract provided.
Great Lakes Water Quality Initiative: National Standards Governing A Binational Resource A Call For International Rulemaking, Sean P. Gallagher
Great Lakes Water Quality Initiative: National Standards Governing A Binational Resource A Call For International Rulemaking, Sean P. Gallagher
Indiana Journal of Global Legal Studies
No abstract provided.
The Indiana Environmental Policy Act: Casting A New Role For A Forgotten Statute, Jeffrey L. Carmichael
The Indiana Environmental Policy Act: Casting A New Role For A Forgotten Statute, Jeffrey L. Carmichael
Indiana Law Journal
No abstract provided.
Poland's Progress: Environmental Protection In A Period Of Transition, Daniel H. Cole
Poland's Progress: Environmental Protection In A Period Of Transition, Daniel H. Cole
Articles by Maurer Faculty
No abstract provided.
A Beginning And Not An End In Itself: The Role Of Risk Assessment In Environmental Decision-Making, John S. Applegate
A Beginning And Not An End In Itself: The Role Of Risk Assessment In Environmental Decision-Making, John S. Applegate
Articles by Maurer Faculty
No abstract provided.
An Outline History Of Environmental Law And Administration In Poland, Daniel H. Cole
An Outline History Of Environmental Law And Administration In Poland, Daniel H. Cole
Articles by Maurer Faculty
No abstract provided.