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Articles 1 - 30 of 150
Full-Text Articles in Law
U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, Ariana Lippi
U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, Ariana Lippi
Sustainable Development Law & Policy
Though the case is ongoing, and results are still to be seen, it in many ways sets a precedent for indigenous communities in Latin America seeking redress for environmental and cultural injustices. With Colombia’s recent ratification of The Escazú Regional Agreement (the Agreement herein) in 2022, this case presents a unique opportunity for implementation of the Agreement and greater accountability within existing domestic legislation.
Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar
Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar
Sustainable Development Law & Policy
This paper analyses the governance machine in place at the Arctic and examines the application of the principles of “common heritage of mankind” at the Arctic. This paper also offers some tentative propositions aimed at protecting Out Bound investment rights and how the World Trade Organization or other countries, like the U.S., can intercede in the Arctic investment sphere and attempt to regulate along with the United Nations Convention for the Law of the Sea.
Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham
Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham
Sustainable Development Law & Policy
The disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not.22 Part I of this paper establishes a comparative framework by providing background on …
Editor's Note, Shade Streeter, Reagan Ferris
Editor's Note, Shade Streeter, Reagan Ferris
Sustainable Development Law & Policy
The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.
Prioritizing Regional Wildlife Conservation By Rejuvenating The Western Hemisphere Convention On Nature Protection, Shade Streeter, David Hunter, William Snape Iii
Prioritizing Regional Wildlife Conservation By Rejuvenating The Western Hemisphere Convention On Nature Protection, Shade Streeter, David Hunter, William Snape Iii
Sustainable Development Law & Policy
Last year, parties to the Convention on Biological Diversity (“CBD”), representing nearly every nation, signed a milestone agreement committing, among other things, to conserve thirty percent of Earth’s lands and oceans to stave off the rapid diminution of the planet’s biodiversity. Implementing these global commitments will require not only strong domestic measures, but also enhanced regional cooperation targeting the conservation of the region’s migratory wildlife and shared resources. Although the United States is the sole major holdout from the CBD, it can still reassert its leadership in regional wildlife conservation by rejuvenating the Convention on Nature Protection and Wildlife Preservation …
Unclos, Undrip & Tartupaluk: The Grim Tale Of Hans Isle And Graense, Christopher Mark Macneill
Unclos, Undrip & Tartupaluk: The Grim Tale Of Hans Isle And Graense, Christopher Mark Macneill
Sustainable Development Law & Policy
“Inuit have lived in the Arctic from time immemorial.” The Arctic, in the face of climate change, has become a hot spot for exploration, resource extraction, and increased shipping and scientific activity. “[The] Inuit . . . have had a common and shared use of the sea area and the adjacent coasts” among their own communities, and contemporaneously with the world. This vast circumpolar Inuit Arctic region includes land, sea, and ice stretching from eastern Russia (Chukotka region) across the Berring Strait, to Alaska, the Canadian Arctic, and Greenland, representing an Inuit homeland known as Nunaat. Hans Isle, a small …
The Great Climate Migration: A Critique Of Global Legal Standards Of Climate-Change Caused Harm, Mariah Stephens
The Great Climate Migration: A Critique Of Global Legal Standards Of Climate-Change Caused Harm, Mariah Stephens
Sustainable Development Law & Policy
Approximately 2.4 billion people, or about forty percent of the global population, live within sixty miles (one hundred kilometers) of a coastline. The United Nations (“U.N.”) determined that “a sea level rise of half a meter could displace 1.2 million people from low-lying islands in the Caribbean Sea and the Indian and Pacific Oceans, with that number almost doubling if the sea level rises by two metres.” The U.N. also reports that “sudden weather-related hazards” have internally displaced an annual average of 21.5 million people since 2008. Within the next few decades, this number is likely to continue to increase. …
The Future Of Crypto-Asset Mining: The Inflation Reduction Act And The Need For Uniform Federal Regulation, Liz Guinan
The Future Of Crypto-Asset Mining: The Inflation Reduction Act And The Need For Uniform Federal Regulation, Liz Guinan
Sustainable Development Law & Policy
Crypto-asset mining is energy-intensive and environmentally harmful, presenting challenges and opportunities for federal, state and local governments, regulators, and society as a whole. As of December 2021, the United States has thirty-eight percent of the global crypto network hash rate, which is the total amount of computational power used to mine and process crypto transactions, making the United States the world’s largest crypto-asset mining industry. The total electricity consumption of crypto-asset mining in the United States is estimated to be around 121.36 terawatt-hours (“TWh”) per year, which is equivalent to the electricity consumption of approximately 10.9 million households in the …
Editors' Note, Rachel Keylon, Meghen Sullivan
Editors' Note, Rachel Keylon, Meghen Sullivan
Sustainable Development Law & Policy
For more than two decades, the Sustainable Development Law and Policy Brief (“SDLP”) has published works analyzing emerging legal and policy issues within the fields of environmental, energy, sustainable development, and natural resources law. SDLP has also prioritized making space for law students in the conversation. We are honored to continue this tradition in Volume XXIII.
Pedal Into The Future, Elliot Wiley
Pedal Into The Future, Elliot Wiley
Sustainable Development Law & Policy
Congress severely weakened the Electric Bicycle Incentive Kickstart for the Environment Act (E-Bike Act) when the bill was absorbed into the Build Back Better Bill. Electricity is the future, yet Congress has defanged a bill that could create significant progress in making bicycling a more accessible option for commuters.
Toward A Utah Intentionally Created Surplus Program, Devin Stelter
Toward A Utah Intentionally Created Surplus Program, Devin Stelter
Sustainable Development Law & Policy
The Colorado River Basin continues to face a now two decade-long drought sparked by the drastic effects of climate change on the region. Climate forecasting predicts that the adverse effects of climate change will only increase in severity in years to come. These effects have led federal, state, tribal, and private actors operating in the basin to search for innovative and effective solutions to the significant water scarcity problems that will persist into the future. A closely linked threat stemming from Colorado River water scarcity is the prospect of a “Compact call” on Upper Basin water by the Lower Basin …
About Sdlp, Sdlp
About Sdlp, Sdlp
Sustainable Development Law & Policy
The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.
Editor's Note, Juliette Jackson, Bailey Nickoloff
Editor's Note, Juliette Jackson, Bailey Nickoloff
Sustainable Development Law & Policy
The Sustainable Development Law and Policy Brief (“SDLP”) is celebrating twenty-two years of legal scholarship on issues related to environmental, energy, natural resources, and international development law. SDLP continues to provide cutting-edge solutions to these legal issues in the face of the global COVID-19 Pandemic, while also transitioning back into a “new normal.” This issue is no different, as we published articles challenging our lawmakers and policy heads to address the impending needs of our communities to develop more sustainable infrastructure—needs that are only exacerbated by man-made climate change. We are proud of the work published, and we are forever …
It's Time To Trash Consumer Responsibility For Plastics: An Analysis Of Extended Producer Responsibility Laws' Sucess In Maine, Marina Mozak
It's Time To Trash Consumer Responsibility For Plastics: An Analysis Of Extended Producer Responsibility Laws' Sucess In Maine, Marina Mozak
Sustainable Development Law & Policy
Consumer responsibility for waste is a historic relic, dating back to a time when nearly all of a consumer’s waste was compostable, reusable, or marketable. Today, with the rise of plastics and complex goods like electronics, consumers lack the expertise, time, and ability to personally break down the products they consume for reuse. Much of our household waste goes to the curb and into a single stream of municipal solid waste (“MSW”). This includes a variety of wastes which each require specialized processing. Recycling this complex waste falls to municipalities which are woefully underfunded and underqualified to process such complex …
Ohio House Bills 168 And 110: Just Another Drop In The Bucket For Brownfield Redevelopment?, Mia Petrucci
Ohio House Bills 168 And 110: Just Another Drop In The Bucket For Brownfield Redevelopment?, Mia Petrucci
Sustainable Development Law & Policy
This article examines Ohio House Bills 168 and 110. These House Bills provide liability protection to purchasers of brownfield sites, allocate $500 million dollars to brownfield funding—with $350 million allotted for investigation, cleanup, and revitalization of brownfield sites and $150 million for demolition of vacant/abandoned buildings—and create a new Building Demolition and Site Revitalization Program, for the revitalization of properties surrounding brownfield sites. In the first three Sections of this article, the concept of brownfield redevelopment is introduced, the associated challenges with brownfield projects are discussed, and attempts by federal and state governments to address brownfield remediation challenges in the …
About Sdlp, Sdlp
About Sdlp, Sdlp
Sustainable Development Law & Policy
The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.
Enforcing Soft Law In International Investment Arbitration, Vera Korzun
Enforcing Soft Law In International Investment Arbitration, Vera Korzun
Vanderbilt Journal of Transnational Law
Drawing examples from international environmental law, sustainable development, and corporate social responsibility, this Article examines the evolving role of international investment arbitration in the enforcement of non-binding soft law rules of international law. In doing so, the Article explains how investment tribunals can, and have been called upon to, interpret and, paradoxically, enforce soft law instruments. The Article calls for reevaluation of the nature of soft law and the role of investor-state dispute settlement in international rulemaking and enforcement. It also argues that for international environmental law and law on sustainable development, where the lack of an enforcement mechanism has …
Ecolabeling In The Multinational Mining Industry: A Method Toward Environmental Sustainability, Regina Raze J.D. Candidate
Ecolabeling In The Multinational Mining Industry: A Method Toward Environmental Sustainability, Regina Raze J.D. Candidate
Vanderbilt Journal of Transnational Law
The international mining industry's environmental impact is not new. However, with the rise of international scrutiny on climate change and global warming, what the industry can do to lessen its impact is changing. Consumers are demanding stronger commitments to the environment from producers, and producers are therefore requiring stronger commitments from their suppliers. One such commitment the extractive industry can adhere to is implementing an ecolabeling regime for open pit mines mining critical minerals for consumer products. Ecolabels signal to customers that the environment is a priority for companies. However, with an ecolabel comes trade implications and concerns about accuracy. …
La Responsabilidad Internacional De Los Estados Por Violaciones A Los Derechos Humanos Como Consecuencia Del Cambio Climatico: El Rol Del Sistema Interamericano De Proteccion De Derechos Humanos, Jose Daniel Rodriguez Orue
La Responsabilidad Internacional De Los Estados Por Violaciones A Los Derechos Humanos Como Consecuencia Del Cambio Climatico: El Rol Del Sistema Interamericano De Proteccion De Derechos Humanos, Jose Daniel Rodriguez Orue
American University International Law Review
El fenómeno del cambio climático es una de las mayores amenazas para la garantía y protección de los derechos humanos a nivel global. Las consecuencias adversas del cambio climático, tales como incremento en el nivel del mar, el aumento de eventos meteorológicos extremos, la perdida de biodiversidad y las sequías, son susceptibles de ocasionar varias violaciones a los derechos humanos en las Américas. Estas violaciones a los derechos humanos se manifiestan con mayor intensidad en determinados grupos poblacionales que se encuentran expuestos de forma desproporcionada a la degradación medioambiental debido a su vinculación especial con los recursos naturales, pero también, …
La Limitacion De Los Derechos Humanos En La Lucha Contra El Cambio Climatico: El Caso De Los Derechos Culturales De Las Porlaciones Indigenas Y La Energia Hidroelectrica De Embalse En America Latina, Sebastian Sauter Odio
La Limitacion De Los Derechos Humanos En La Lucha Contra El Cambio Climatico: El Caso De Los Derechos Culturales De Las Porlaciones Indigenas Y La Energia Hidroelectrica De Embalse En America Latina, Sebastian Sauter Odio
American University International Law Review
El cambio climático es el resultado de la emisión de gases de efecto invernadero (GEI) producto de actividades antropogénicas. Al ser el sector energético el mayor contribuyente de GEI a nivel mundial, los esfuerzos para mitigar el cambio climático deben comprender la transformación de la matriz energética, hoy basada prioritariamente en la combustión de hidrocarburos, a una que involucre una mayor participación de las energías renovables.
La Migracion Ambiental En La Frontera Colombo-Ecuatoriana: ¿ Es Suficiente La Proteccion Internatcional Para Los Eco-Refugiados ?, David Delgado
La Migracion Ambiental En La Frontera Colombo-Ecuatoriana: ¿ Es Suficiente La Proteccion Internatcional Para Los Eco-Refugiados ?, David Delgado
American University International Law Review
El cambio climático es un fenómeno mundial que, acelerado por las actividades humanas, provoca grave degradación ambiental causando olas de migración humana y atentando contra el derecho a la vida. Estas actividades, algunas toleradas por la comunidad internacional, provocan el desplazamiento internacional no solo de habitantes de Estados insulares, sino también de terrestres como Ecuador y Colombia. Sin embargo, a pesar que la migración por causas ambientales es un fenómeno mundial cada vez más frecuente, no existe protección internacional para quienes se ven obligados a realizarla. El presente articulo expone la migración ambiental que sufren las comunidades indígenas que habitan …
One Choice Is No Choice At All: Indonesia Is Violating The International Covenant On Civil And Political Rights By Requiring Political Parties To Adhere To Its National Ideology Of Pancasila, Daniel Brezina
American University International Law Review
This Comment argues that Indonesia is violating Articles 1, 18, 22, 25, and 27 of the International Covenant on Civil and Political Rights by requiring that all political parties adhere to its national ideology of Pancasila. This Comment will introduce the ideology of Pancasila and explain how Indonesia came to require political parties to adhere to the ideology. This Comment will also explain what rights the ICCPR guarantees and introduce the UN Human Rights Committee, which is tasked with monitoring signatories’ compliance with the ICCPR. This Comment will explain how Indonesia’s requirement violates several Articles of the ICCPR, including how …
Democracy Dies In Broad Daylight: How The Philippines' Halted Media Speech Despite Its Commitment To The Iccpr, Alexis Mozeleski
Democracy Dies In Broad Daylight: How The Philippines' Halted Media Speech Despite Its Commitment To The Iccpr, Alexis Mozeleski
American University International Law Review
A primary initiative of the Philippines’ Rodrigo Duterte’s presidency was the national campaign against drug users and criminals. During the turbulent period that was Duterte’s presidency, journalists who published dissenting views on the drug war frequently became targets of Duterte’s administration, which came in the form of frivolous charges, arrests, banning media outlets, or in some instances, murder. This Comment argues that the Philippines violated international law protections of freedom of expression as codified in Article 19 of the International Covenant on Civil and Political Rights. As a party to this treaty, the Philippines, under Duterte’s administration, unjustifiably restricted speech …
When The Race To Net Zero Becomes A Race To The Bottom: Human Rights Violations In The Renewable Energy Transition And The Extraterritorial Obligation To Protect Human Rights, Yogi Bratajaya
American University International Law Review
Recent reports published by the Intergovernmental Panel on Climate Change (IPCC) have shed light on and confirmed the extent of damages that will result if the world fails to keep global warming below 2°C. Irreversible adverse impacts on our ecosystems and the increasing frequency and intensity of natural disasters will have a significant negative effect on the enjoyment of human rights worldwide. Climate change is already affecting food security through increasing temperatures, changing precipitation patterns, and greater frequency of some extreme events. Additionally, the deteriorating conditions caused by climate change will cause millions of people to leave their homes and …
The Gendered Face Of Climate Change: Exploring The Impact Of Climate Change On Gender-Based Violence And The Role Of State And Non-State Actors In Effecting Climate Justice, Hannah Wilson
American University International Law Review
Climate change affects men and women differently. While some individual women may be less vulnerable to climate change than some men, the global perpetuation of discrimination, inequality, patriarchal structures, and systematic barriers contribute to an overall higher risk of women experiencing harmful effects of climate change. International human rights law prohibits discrimination on the basis of gender. However, in practice, systematic discrimination, harmful stereotypes, and social, economic and political barriers related to gender can lead to varied climate change impacts with respect to health, food security, livelihoods and human mobility, and more, which may significantly limit women’s and girls’ adaptive …
Criminalizing Environmental Degradation And Devastation: New Prospects For The Icc Rome Statute, Kelly Pisimisi
Criminalizing Environmental Degradation And Devastation: New Prospects For The Icc Rome Statute, Kelly Pisimisi
American University International Law Review
Over the last decade, steadily increasing voices are ringing the tocsin to the international community for the impact of human activities on climate and their potential consequences on human life and dignity. The Intergovernmental Panel on Climate Change (IPCC), in its recent (6th) Assessment Report, confirmed this assertion. Greenhouse gas concentrations and emissions (particularly CO2), as well as the retreat of arctic glaciers and the subsequent sea level rise causing—among other issues—the acidification of the oceanic waters, are some of the most evident human-induced implications on climate and the environment.
What Lies Beneath: Usmca Chapter 24 And Sub-National Governance Of Environmental Issues, Alexandra R. Harrington
What Lies Beneath: Usmca Chapter 24 And Sub-National Governance Of Environmental Issues, Alexandra R. Harrington
Pace Environmental Law Review
This article examines the sub-national governance issues existing in the USMCA through the lens of environmental law and regulation in each of the three State Parties. It asserts that the governance gaps created by failing to include the terms of sub-national laws in the express parameters of the USMCA are significant and can pose a challenge to the successful implementation of the Agreement now and into the future. The decision to focus on the USMCA regime was made because of the recent timing of its negotiation, the many efforts made by all sides to incorporate critical non-trade issues into the …
Patents And Plants: Rethinking The Role Of International Law In Relation To The Appropriation Of Traditional Knowledge Of The Uses Of Plants (Tkup), Ikechi Mgbeoji
PhD Dissertations
Legal control and ownership of plants and traditional knowledge of the uses of plants (TKUP) is often a vexed issue, particularly at the international level because of the conflicting interests of states or groups of states in the matter. The most widely used form of juridical control of plants and TKUP is the patent system which originated in Europe. This thesis rethinks the role of international law and legal concepts, the major patent systems of the world and international agricultural research institutions as they affect legal ownership and control of plants and TKUP. The analysis is cast in various contexts …
Exploring The Bedrock For Earth Jurisprudence, Maria Antonia Tigre
Exploring The Bedrock For Earth Jurisprudence, Maria Antonia Tigre
Sabin Center for Climate Change Law
This article calls for a reassessment of our core beliefs on how we relate to the environment through a deep dive into the philosophical foundations of environmental protection. With this purpose, it shows how Earth-centered discourses have existed in human societies and civilizations for millennia. Different religious and philosophical underpinnings all share a view of humanity as an integral part of an organic whole, revering all living things. While recent developments in jurisprudence may appear novel, they are somewhat latent and emergent. Theories of land ethics, rights of nature, Earth-centered environmental ethics, wild law, and Earth jurisprudence all build on …
Why Aim Law Toward Human Survival, John William Draper
Why Aim Law Toward Human Survival, John William Draper
Librarian Scholarship at Penn Law
Our legal system is contributing to humanity’s demise by failing to take account of our species’ situation. For example, in some cases law works against life and supports interests such as liberty or profit maximization.
If we do not act, science tells us that humanity bears a significant (and growing) risk of catastrophic failure. The significant risk inherent in the status quo is unacceptable and requires a response. We must act. It is getting hotter. When we decide to act, we need to make the right choice.
There is no better choice. You and all your relatives have rights. The …