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Articles 1 - 7 of 7
Full-Text Articles in Law
Mexico's Implementation Of The Biodiversity Convention And The Catagena Protocol In The Gmo Era: Challenges In Principles, Policies, And Practices, Juan Antonio Herrera
Mexico's Implementation Of The Biodiversity Convention And The Catagena Protocol In The Gmo Era: Challenges In Principles, Policies, And Practices, Juan Antonio Herrera
PhD Dissertations
Recent developments in genetic modification and the use of Living Modified Organisms (LMOs) in agriculture have ignited a debate over the potential effects of these organisms on biological diversity. This controversy materializes in the clash between the international environmental and trade regimes. Multilateral Environmental Agreements (MEAs), such as the 1992 Convention on Biological Diversity (CBD) focus on the preservation of biological diversity and, in the case of the Cartagena Protocol on Biosafety (Cartagena Protocol), the safe transfer of LMOs. These Agreements encourage States to base national decisions to allow LMO imports on environmental and risk assessments using the precautionary principle. …
Revisiting The Doctrine Of Intergenerational Equity In Global Environmental Governance, Lynda M. Collins
Revisiting The Doctrine Of Intergenerational Equity In Global Environmental Governance, Lynda M. Collins
Dalhousie Law Journal
In the absence of binding international enforcement mechanisms, global environmental governance must rely on a legal framework that has widespread normative force around the world. In addition, such a framework should be sufficiently detailed and pragmatic to allow for effective implementation, should achieve the goal of environmental protection, and should be reasonable in terms of the level of sacrifice expected of the present generation, particularly in the developing world. Itis arguedthat the comprehensive doctrine ofintergenerational equity is an effective and appropriate legal framework for global environmental governance. The doctrine ofintergenerational equityposits thepresent generation of humans as simultaneously beneficiaries of the …
Global Reach, Local Grasp: Constructing Extraterritorial Jurisdiction In The Age Of Globalization, Steve Coughlan, Robert Currie, Hugh Kindred, Teresa Scassa
Global Reach, Local Grasp: Constructing Extraterritorial Jurisdiction In The Age Of Globalization, Steve Coughlan, Robert Currie, Hugh Kindred, Teresa Scassa
Articles, Book Chapters, & Popular Press
The reach of national law is often greater than its grasp. Canada, like other countries, has effective legal power over its territory and all within it. However, one consequence of the current process of globalization, for good or ill, is that Canadian interests are no longer contained exclusively within Canadian borders. Canada thus finds it increasingly necessary to consider asserting its legal jurisdiction beyond its frontiers. Such extraterritorial assertion of Canadian authority may well run into strong opposition from other countries, who might view Canada as attempting to intervene in their own national territory and domestic affairs. Likewise, other states, …
Invasive Seaweed: Global And Regional Law And Policy Responses, Meinhard Doelle, Moira Mcconnell, David Vanderzwaag
Invasive Seaweed: Global And Regional Law And Policy Responses, Meinhard Doelle, Moira Mcconnell, David Vanderzwaag
Articles, Book Chapters, & Popular Press
We consider law and policy responses to invasive seaweeds at global and regional levels. Key global regimes considered include the 1982 United Nations Convention on the Law of the Sea, the Convention on Biological Diversity, the Ramsar Convention and the Bonn Convention on Migratory Species. Contributions from the Food and Agriculture Organization and the International Maritime Organization are also considered in the global context. At a regional level, examples of efforts in North America and Europe are offered to illustrate challenges and opportunities for regional responses to invasive seaweeds. We conclude with law and policy recommendations, most notably the need …
Abducted Fugitives Before The International Criminal Court: Problems And Prospects, Robert Currie
Abducted Fugitives Before The International Criminal Court: Problems And Prospects, Robert Currie
Articles, Book Chapters, & Popular Press
In the law and literature relating to the exertion of criminal jurisdiction over the person, there exists a nagging problem that has plagued practitioners, courts and academics alike. The phrase of art is usually something along the lines of "irregular rendition," but the issues are as notorious as they are controversial: what should a court do with an accused criminal brought before it as a result of abduction (or otherwise illegal detention) from a foreign state? And, in particular, should the fact of the illegal or irregular rendition of the fugitive affect either the court's ability or its willingness to …
A Global Treaty To Address Land-Based Sources Of Marine Pollution, David Vanderzwaag
A Global Treaty To Address Land-Based Sources Of Marine Pollution, David Vanderzwaag
Articles, Book Chapters, & Popular Press
Land-based sources of pollution are estimated to be the source of approximately eighty percent of all marine pollution. In Protecting the Marine Environment from Land-Based Sources of Pollution: Towards Effective International Cooperation, Daud Hassan outlines the major sources of Land-Based Sources of Marine Pollution (LBSMP), examines the current legal framework for control of LBSMP, and highlights the obstacles to creating more effective control measures. Additionally, Hassan presents a case study focusing on LBSMP control in the Bay of Bengal region and then concludes with a recommendation for the creation of a global treaty to more effectively address the impacts of …
Respecting Adolescents' Confidentiality And Reproductive And Sexual Choices, Rebecca J. Cook, Joanna Erdman, Bernard M. Dickens
Respecting Adolescents' Confidentiality And Reproductive And Sexual Choices, Rebecca J. Cook, Joanna Erdman, Bernard M. Dickens
Articles, Book Chapters, & Popular Press
Adolescents, defined as between 10 and 19 years old, present a growing challenge to reproductive health. Adolescent sexual intercourse contributes to worldwide burdens of unplanned pregnancy, abortion, spread of sexually transmitted infections (STIs), including HIV, and maternal mortality and morbidity. A barrier to contraceptive care and termination of adolescent pregnancy is the belief that in law minors intellectually mature enough to give consent also require consent of, or at least prior information to, their parental guardians. Adolescents may avoid parental disclosure by forgoing desirable reproductive health care. Recent judicial decisions, however, give effect to internationally established human rights to confidentiality, …