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Full-Text Articles in Law
Using Trade To Enforce International Environmental Law: Implications For United States Law, Mary Ellen O'Connell
Using Trade To Enforce International Environmental Law: Implications For United States Law, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell
Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell
Mary Ellen O'Connell
Professor O'Connell discusses the traditional 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. …
Green Harms Of Green Projects, John C. Nagle
Green Harms Of Green Projects, John C. Nagle
John Copeland Nagle
This article describes the recent development of renewable energy to examine environmental law’s three contrasting approaches to the green harms of green projects. Sometimes the law allows the green benefit regardless of the green harm. Sometimes the law prohibits the green harm regardless of the green benefit. And sometimes the law allows a balancing of all of the harms and benefits, green or not. Given these options, I argue that the law should not ignore or understate green harms even if they are caused by green projects. There are some types of green harms that no benefit can justify. But …
The Missing Chinese Environmental Law Statutory Interpretation Cases, John C. Nagle
The Missing Chinese Environmental Law Statutory Interpretation Cases, John C. Nagle
John Copeland Nagle
No abstract provided.
Introduction: Connecting The Dots Between Two Parallel Worlds, Rena Steinzor
Introduction: Connecting The Dots Between Two Parallel Worlds, Rena Steinzor
Rena I. Steinzor
No abstract provided.
The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin
The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin
Patricia E. Salkin
This Article offers an examination of the federal role in land use planning and regulation set in the context of varying theories of federalism by presenting a historical and modern overview of the increasing federal influence in local land use planning and regulation, specifically highlighting how federal statutes and programs impact local municipal decision making in the area of land use planning. Part II provides a brief introduction into theories of federalism and their application to local land use regulation in the United States. Part III provides a brief overview of federal legislation in the United States which affected local …
The Green Development Movement: Smart Growth With A Green Label, Patricia E. Salkin
The Green Development Movement: Smart Growth With A Green Label, Patricia E. Salkin
Patricia E. Salkin
No abstract provided.