Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Environmental Law (4)
- Environmental law (4)
- International law (3)
- Environment (2)
- Environmental regulation (2)
-
- European Environmental Law (2)
- International trade (2)
- Alternative energy (1)
- Application of Sanitary and Phytosanitary Measures (1)
- Belgian Environmental Law (1)
- Canadian environmental law (1)
- Colombia (1)
- Corporate Social Responsibility (1)
- Deep seabed mining (1)
- Endangered Species (1)
- Environmental Regulation (1)
- European Commission Environmental Law (1)
- European Union (1)
- Export of Solid Waste (1)
- Genetically-Modified Organisms (1)
- Great Lakes energy (1)
- Greenhouse gas emissions; Kyoto Protocol; automobile; automaker (1)
- Harmonization of European Environmental Law (1)
- Hazardous waste (1)
- International Environmental Protection (1)
- International Trade (1)
- Jurisdiction in Environmental Matters (1)
- LOS (1)
- LOS conference (1)
- LOS treaty (1)
Articles 1 - 20 of 20
Full-Text Articles in Law
Offshore Wind Development In The Great Lakes: Accessing Untapped Energy Potential Through International And Interstate Agreement To Overcome Public Trust Concerns, Jordan Farrell
Northwestern Journal of International Law & Business
Offshore wind energy development in the Great Lakes presents an immense opportunity for distributed generation of renewable energy; however, this potential has thus far remained untapped. One significant barrier to why there has not yet been such wind energy development in the Great Lakes is the public trust doctrine. This doctrine generally stands for the principle that a state cannot convey its submerged lands to a private party. However, there remains much legal uncertainty with regards to the doctrine. Courts and scholars have struggled to determine with any certainty the origins and grounding of the doctrine and the limits it …
Legal Hurdles To Developing Wind Power As An Alternative Energy Source In The United States: Creative And Comparative Solutions, Adam M. Dinnell, Adam J. Russ
Legal Hurdles To Developing Wind Power As An Alternative Energy Source In The United States: Creative And Comparative Solutions, Adam M. Dinnell, Adam J. Russ
Northwestern Journal of International Law & Business
This article discusses how parties have used current domestic environmental laws to curb the development of a more "environmentally-friendly" alternative energy source: wind power. As the ever-increasing demand for oil and petroleum around the world leads to rising costs throughout the nation, investing in new energy sources is considered crucial to sustainable development in the United States. Wind power has the potential to serve as a clean, efficient, and renewable source of energy in the 21st Century. The further development of wind power could create a meaningful alternative energy supply, relaxing geopolitical and economic concerns over this country's strict century-old …
Addicted To The Pump, Shaneka Reese
Addicted To The Pump, Shaneka Reese
Northwestern Journal of International Law & Business
Most of the world has acknowledged a growing problem with greenhouse gas emissions ("GHG"), and has expressed that acknowledgement by ratifying the Kyoto Protocol ("Kyoto"). The United States, however, has refused to ratify Kyoto. Automobiles are responsible for the largest portion of the global increase in carbon dioxide emissions. As part of the most powerful industry in the world, U.S. automakers are capable of reducing emissions as required by Kyoto. Adopting Kyoto will in fact prove beneficial to American automakers, by forcing them to adjust to the new market condition that has contributed to the ascendancy of foreign automakers--the desire …
Methanex V. United States: The Realignment Of Nafta Chapter 11 With Environmental Regulation, Kara Dougherty
Methanex V. United States: The Realignment Of Nafta Chapter 11 With Environmental Regulation, Kara Dougherty
Northwestern Journal of International Law & Business
In July 1999, the Canadian firm Methanex Corporation ("Methanex") notified the United States of its intention to seek approximately $1 billion in damages for the United States's alleged breach of Chapter 11 of the North American Free Trade Agreement ("NAFTA"). NAFTA, a trilateral agreement among the United States, Canada and Mexico (the "Parties"), gives private, foreign investors from each country the right to bring claims against another Party under certain circumstances. Methanex claimed a California measure banning the use of the gasoline additive MTBE discriminated against and expropriated its investments. The case of Methanex v. United States highlights two unintended …
The European Union's Efforts To Sidestep The Wto Through Its Ban On Gmos: A Response To Sarah Lively's Paper, "The Abcs And Ntbs Of Gmos", Johannes S.A. Iii Claus
The European Union's Efforts To Sidestep The Wto Through Its Ban On Gmos: A Response To Sarah Lively's Paper, "The Abcs And Ntbs Of Gmos", Johannes S.A. Iii Claus
Northwestern Journal of International Law & Business
The purpose of this paper is to refute Ms. Sarah Lively's article, the ABCs and NTBS of GMOs, detailing the reasons why the E.U. legislation is not in harmony with the WTO agreements. This paper will argue that if a WTO dispute settlement body were to decide upon the validity of the current European GMO regime, it would strike down the regulation as contrary to the WTO agreements signed by the European Union and the United States. The European Union's four year moratorium on GMOs continues to be one of the most hotly-contested trade issues facing it and the United …
Transactional, Social, And Legal Aspects Of Oil Exploration And Extraction In Colombia, Juan Carlos Palau
Transactional, Social, And Legal Aspects Of Oil Exploration And Extraction In Colombia, Juan Carlos Palau
Northwestern Journal of International Law & Business
In Colombia, as in many other countries with oil reserves potential, the government has sought to reduce the activity's inherent high degree of un-certainty by shaping the legal and economic environment that foreign com-panies have to operate in, making it more profitable and attractive for them.16 This paper seeks to accurately represent this environment to the pro-spective investor, starting with the structures of the two basic transactions, referred to herein as "modes", through which most commonly, foreign com-panies participate in the oil industry in Colombia, namely, the Standard As-sociation Mode ("S.A.M") and the Risk Sharing Mode ("R.S.M.").17 The contractual agreements …
Nafta And The Environment: A Trade-Friendly Approach, Bradly J. Condon
Nafta And The Environment: A Trade-Friendly Approach, Bradly J. Condon
Northwestern Journal of International Law & Business
Although the North American Free Trade Agreement, (NAFTA), contains more detailed environmental provisions than any previous trade agreement,' only some of them are mandatory. These mandatory NAFTA environmental rules purport to prevent the use of environmental policy instruments as disguised barriers to trade. Since most human activities have some impact on the environment, a vast array of government regulation could potentially be characterized as relating to the environment. This fact increases the risk that domestic industries will exploit political discretion over environmental policy implementation to put foreign competitors at a disadvantage by raising non-tariff barriers to trade. It is important …
Environmental Regulation In Europe: Hazardous Waste And Contaminated Sites, Bradford S. Gentry
Environmental Regulation In Europe: Hazardous Waste And Contaminated Sites, Bradford S. Gentry
Northwestern Journal of International Law & Business
The purpose of this Article is to describe the general system of environmental regulation in the European Community ("EC") and to offer a practical perspective on that system. In order to do so, the Article has several parts. Following this introduction, Section II provides a brief overview of the European Community, its institutions and its basic approach to environmental regulation. Section III offers observations as to some of the major differences in approach to environmental regulation between the EC and the United States. By way of example of how the system works in practice, Sections IV and V provide more …
The Corporate Conscience And Environmental Issues: Responsibility Of The Multinational Corporation, Alfred S. Farha
The Corporate Conscience And Environmental Issues: Responsibility Of The Multinational Corporation, Alfred S. Farha
Northwestern Journal of International Law & Business
I shall attempt in this Article to put forward my view of the multinational corporation's responsibility towards the environment in an objective manner, being constructively critical and adequately commending whenever appropriate. In so doing, however, it should be made clear at the outset that there is no intent to put forward the view of any industry as a whole, nor do I mean to imply that what I will have to say is any official position of my own company. This Article will reflect my individual view of how I believe my company and others have reacted and should react …
The Use Of Criminal Law For The Protection Of The Environment In Europe: Council Of Europe Resolution (77) 28, Antonio Vercher
The Use Of Criminal Law For The Protection Of The Environment In Europe: Council Of Europe Resolution (77) 28, Antonio Vercher
Northwestern Journal of International Law & Business
In recent years, the growth of industrial development has rendered the protection of the environment a matter of sudden and immediate concern in most European countries. Some of these countries have re- sorted to criminal law when other measures proved to be inadequate or ineffective. This tendency is apparent in the following excerpt, quoted from a report to the Tenth International Congress on Comparative Law: "When we encounter a new disastrous phenomenon, we naturally are shocked and are apt to rush to penal legislation to suppress it. As a matter of fact, we tend to think that the problem is …
International Regulation Of The Sale And Use Of Pesticides, Charlotte Uram
International Regulation Of The Sale And Use Of Pesticides, Charlotte Uram
Northwestern Journal of International Law & Business
This Article discusses international regulation of the sale and use of pesticides. It examines and compares national, regional, and international models as a means of achieving effective international regulation. For the national model, this article selected the United States because it was the first country to impose national restrictions on the export of pesticides. For the regional model, this article selected the European Economic Community because it has sovereign powers, and has been a market-driven entity. For the international model, this article selected the United Nations Food and Agriculture Organization because it has the most far-reaching code on the regulation …
The Waste Export Control Act: Proposed Legislation And The Reagan-Era Legacy To International Environmental Protection, Alan Neff
Northwestern Journal of International Law & Business
On May 31, 1989, four Representatives introduced in the U.S. House of Representatives the Waste Export Control Act'("WECA"). According to the bill's bipartisan sponsors, its purpose is to regulate the export of solid waste from the United States to foreign countries more stringently than existing federal laws and regulations. Three House sub- committees have held hearings in 1988 and 1989 on exports of solid wastes-in advance of, and since, introduction of the legislation discussed in this Article.
Environmental Impact Statements In Belgium, Marc Boes
Environmental Impact Statements In Belgium, Marc Boes
Northwestern Journal of International Law & Business
In the following Article, Professor Boes analyzes the statutory framework implementing the use of the environmental impact statement ("EIS") in Belgium. Authority for the EIS flows from the EEC Directive, but as yet, the national government in Belgium has erected no regulatory structure. Thus, the Article examines two of Belgium's regions which have established a regulatory system for EIS's.
The United States' Enforcement Of The Convention On International Trade In Endangered Species Of Wild Fauna And Flora, Meena Alagappan
The United States' Enforcement Of The Convention On International Trade In Endangered Species Of Wild Fauna And Flora, Meena Alagappan
Northwestern Journal of International Law & Business
Species loss is an extremely serious, continuing problem. While habitat destruction poses one of the most imminent threats to the survival of wild animals and plants, international trade in wildlife is also a major cause of diminishing biological diversity worldwide. The global market for wildlife is very large, and the goods involved are usually luxury items, such as fur coats and ivory carvings. When this trade is not harnessed, it often tips the balance toward extinction for various forms of wildlife.
Trade Protectionism And Environmental Regulations: The New Nontariff Barriers, C. Ford Runge
Trade Protectionism And Environmental Regulations: The New Nontariff Barriers, C. Ford Runge
Northwestern Journal of International Law & Business
This article reviews some economic and legal aspects of the growing role of environmental, health, and safety regulations operating as disguised barriers to trade. While this has always been a recognized problem in trade policy, the issue has gained new force as environmental policies move to the forefront of many national agendas. Because environmental standards have a growing national constituency, they are especially attractive candidates for disguised protectionism. International distinctions in the tolerable level of environmental risks are created because the weight attached to environmental standards tends to vary with the income levels of different countries. Incentives are created to …
The Controls On The Transfrontier Movement Of Hazardous Waste From Developed To Developing Nations: The Goal Of A "Level Playing Field", Michelle M. Vilcheck
The Controls On The Transfrontier Movement Of Hazardous Waste From Developed To Developing Nations: The Goal Of A "Level Playing Field", Michelle M. Vilcheck
Northwestern Journal of International Law & Business
In the 1970s, the United States Congress began passing national environmental legislation. One reason for such legislation was to "level the playing field" among the fifty states so that economic advantage did not accrue to one state at the expense of environmental quality and public health.' The world now faces a similar need for environmental legislation on an international level. Environmental laws of individual nations have become more and more divergent as developed countries, such as the United States, enact tougher environmental laws, while less developed nations fail to enact any environmental regulations. The variant standards of these environmental laws …
Doing Business Under Canadian Environmental Law, Jeffrey C. Bates, Gregory A. Bibler, David S. Blackmar
Doing Business Under Canadian Environmental Law, Jeffrey C. Bates, Gregory A. Bibler, David S. Blackmar
Northwestern Journal of International Law & Business
In recent years, the role of the environmental risk management has become increasingly significant to multinational corporations. Corporations from the United States and elsewhere are now undertaking aggressive assessments of environmental regulatory compliance, and are incorporating environmental due diligence into transactions such as mergers, acquisitions, joint ventures, and divestitures. The first step toward assessing compliance often involves interpretation of complex, vaguely written environmental statutes and regulations. Matters are made more difficult by the fact that each governmental structure is different, and environmental controls inevitably will be administered in ways unfamiliar to foreign companies, even in countries which have emulated the …
The Need For A Ban On All Radioactive Waste Disposal In The Ocean, David G. Spak
The Need For A Ban On All Radioactive Waste Disposal In The Ocean, David G. Spak
Northwestern Journal of International Law & Business
The harnessing of nuclear power is the technological advance which best represents the ability of the human race to transform the environment for both good and bad. Nuclear power can be used either to destroy the earth or to improve greatly the quality of life for all persons. Attendant with this power is the problem of what to do with radioactive wastes left behind by the private and public uses of a technology not yet fifty years old. As wastes from nuclear power plants, government projects, and various fields of science continue to amass, attention is being focused increasingly on …
The U.N. Law Of The Sea Conference And The U.S. Congress: Will Pending U.S. Unilateral Action On Deep Seabed Mining Destroy Hope For A Treaty?, Paul N. Jr. Mccloskey, Ronald K. Losch
The U.N. Law Of The Sea Conference And The U.S. Congress: Will Pending U.S. Unilateral Action On Deep Seabed Mining Destroy Hope For A Treaty?, Paul N. Jr. Mccloskey, Ronald K. Losch
Northwestern Journal of International Law & Business
The eighth session of the United Nations Law of the Sea Conference convened recently in Geneva, Switzerland. A major unresolved issue at the Conference was the question of international regulation of deep seabed mining. In this article, Representative McCloskey and Attorney Losch discuss U.S. interests in achieving a comprehensive Law of the Sea Treaty, the sometimes conflicting objectives of other nations, and the effect that unilateral action by the U.S. Congress to legislate deep seabed mining could have on the successful completion of a treaty.
Nuclear Waste Disposal: An International Legal Perspective, Leonard S. Spector, Geoffrey B. Shields
Nuclear Waste Disposal: An International Legal Perspective, Leonard S. Spector, Geoffrey B. Shields
Northwestern Journal of International Law & Business
As the world contends with an energy shortage, the development of alternative sources of energy has become a critical problem. Nuclear power is both an obvious and controversial alternative to traditional fossil fuels. Associated with the use of nuclear power is the important question of nuclear waste disposal. In this article, Messrs. Shields and Spector discuss the nuclear fuel cycle, bring together a survey of how countries around the world are dealing with the question of nuclear waste disposal both domestically and on an international level, and make suggestions for a more aggressive international regulation of nuclear waste disposal.