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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. …