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Full-Text Articles in Law
Assured Water Supply Laws In The Sustainability Context, Lincoln L. Davies
Assured Water Supply Laws In The Sustainability Context, Lincoln L. Davies
Golden Gate University Environmental Law Journal
By juxtaposing five western states’ existing assured supply laws, this Article provides a preliminary assessment of whether, and how, assured supply laws can best promote sustainability—and, by extension, make at least one area of environmental law more like sustainability law. The Article reaches three principal conclusions. First, it finds that, as they appear to, assured supply laws in fact promote sustainability. Second, the extent to which assured supply laws likely promote sustainability greatly varies by state, because these laws’ policy designs also depend on the state of enactment. Finally, additional work is needed to provide a more concrete assessment of …
The Promise Of Johannesburg: Fisheries And The World Summit On Sustainable Development, Tim Eichenberg, Mitchell Shapson
The Promise Of Johannesburg: Fisheries And The World Summit On Sustainable Development, Tim Eichenberg, Mitchell Shapson
Golden Gate University Law Review
This article briefly examines the world fish crisis and the factors that drive overuse of ocean resources. It identifies some of the major trends in ocean fishing that have led to over-exploitation and briefly reviews the weaknesses of international fishery arrangements that led to WSSD. It describes and evaluates the outcomes of the WSSD and suggests some measures that can and must be taken to the address the crisis facing world ocean fish stocks.
The Fisheries Subsidies Negotiations In The World Trade Organization: A "Win-Win-Win" For Trade, The Environment And Sustainable Development, Alice L. Mattice
The Fisheries Subsidies Negotiations In The World Trade Organization: A "Win-Win-Win" For Trade, The Environment And Sustainable Development, Alice L. Mattice
Golden Gate University Law Review
This paper provides a brief overview of the fisheries subsidies issue and its history in the WTO. It then reviews the key elements of the United States' position in the WTO negotiations and identifies some of the principal issues WTO Members will have to address in considering improved disciplines on fisheries subsidies.
Country Experiences In The Implementation Of The Rio Forest Principles: A Case Study Of The East African Community States, Godber W. Tumushabe
Country Experiences In The Implementation Of The Rio Forest Principles: A Case Study Of The East African Community States, Godber W. Tumushabe
Golden Gate University Law Review
This article is divided into eight sections. Section II analyzes the status and trends in forestry resources in East Africa and the relevance of the forestry sector in national economic development and regional integration. This section emphasizes the applicability of forestry goods and services in addressing rural poverty and proposes that investments targeted at increasing the productivity of the sector could provide the much needed stimuli for national economic development. Section III assesses the UNCED processes that gave birth to the Rio Forest Principles and the relevant forestry provisions in Agenda 21. Section IV analyzes the contributions of the EAC …
The Journey From Rio To Johannesburg: Ten Years Of Forest Negotiations, Ten Years Of Successes And Failures, Melanie Steiner
The Journey From Rio To Johannesburg: Ten Years Of Forest Negotiations, Ten Years Of Successes And Failures, Melanie Steiner
Golden Gate University Law Review
Since Rio, a great deal of dialogue and changes in the global forest architecture have occurred, including the growth of regional criteria and indicator (C&I) processes for sustainable forest management, development of new national forest programmes in many countries, and the establishment of the new international arrangement on forests mentioned above. Commitments have been made at all levels, in the form of IPF/IFF proposals for action, adoption of a forest work programme under the Convention on Biological Diversity, and regionally through the C&I processes. Furthermore, new issues have emerged on the scene as being critical post-Rio, including illegal logging/forest law …
The Biodiversity Rights Of Developing Nations: A Perspective From India, Shalini Bhutani, Ashish Kothari
The Biodiversity Rights Of Developing Nations: A Perspective From India, Shalini Bhutani, Ashish Kothari
Golden Gate University Law Review
The article will flag those provisions of the law that disenfranchise developing nations and their peoples from their rights vis-a-vis biodiversity. While sifting through these provisions, it will also examine how far the developed nations have gone in the "burden-sharing" of conservation of biological resources. Because newer technologies pose newer challenges to biodiversity conservation, the intrinsic link between trade and biodiversity cannot be overstated. It has been a challenge to deal with international trade rules and regulations, especially with non-state entities like the WTO. The WTO's agenda is dictated largely by corporate interests in developed countries such as the United …
Beyond The Nation State: Natural Resource Conflict And "National Interest" In Mekong Hydropower Development, Philip Hirsch
Beyond The Nation State: Natural Resource Conflict And "National Interest" In Mekong Hydropower Development, Philip Hirsch
Golden Gate University Law Review
In this article, I examine environmental, social and legal issues associated with Mekong hydropower development in three main arenas. Each of these arenas takes discussion beyond the nation state, and in so doing I argue that the framework for the Mekong River Commission, which is designed to balance interests of riparian states, is quite limited. The first sense in which decision making in Mekong development goes beyond the nation state is the most obvious, in that the international nature of the river, which flows through six countries, raises transboundary issues of water sharing, fisheries management and other resource and environmental …
Do Two Wrongs Make A Right? Adjudicating Sustainable Development In The Danube Dam Case, Stephen Stec
Do Two Wrongs Make A Right? Adjudicating Sustainable Development In The Danube Dam Case, Stephen Stec
Golden Gate University Law Review
The dispute between Hungary and Slovakia over the construction of a system of barrages on the Danube presented an extraordinarily complex set of facts of a technical nature, especially with respect to the assessment of the potential environmental impacts of the project. The case presented an opportunity for the consideration of the extent to which environmental concerns could justify the substantial reformation or termination of a treaty-based regime. In so doing the ICJ could give shape to developing concepts such as sustainable development and the precautionary principle. As the dispute involved the unilateral diversion of the Danube by Czechoslovakia, the …
Foreign Direct Investments And Sustainable Development In The Least-Developed Countries, Zakia Afrin
Foreign Direct Investments And Sustainable Development In The Least-Developed Countries, Zakia Afrin
Annual Survey of International & Comparative Law
This article examines the existing flaws of foreign investment regulations regarding environmental protection in the developing countries. Recommendations to ensure sustainable development in the poor countries will also be presented. For the purposes of explanation, the discussion will be divided in four parts. First, foreign investment will be defined with specific attention to its emergence in the developing countries with brief mention of the actors in foreign investment as well as their influence on the host country's environment. The second part will present an existing conflict between Bangladesh and Occidental Corporation that portrays a typical condition that a developing country …
An Environmental Remedy To Paralyzed Negotiations For A Multilateral Foreign Direct Investment Agreement, Benjamin Martin
An Environmental Remedy To Paralyzed Negotiations For A Multilateral Foreign Direct Investment Agreement, Benjamin Martin
Golden Gate University Environmental Law Journal
Section I of this comment defines FDI and outlines the environmental implications on capital-receiving nations. Section II discusses bilateral investment treaties’ (BITs’) potential contributions to comprehensive multilateral investment system and surveys failed negotiation attempts for a global set of investment rules. Section III expounds the framework outlined in this introduction, with section IV dedicated to explaining parties’ incentives to enter into this mode of negotiations.