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Full-Text Articles in Law
A New Story Of David And Goliath: The Alien Tort Claims Act Gives Victims Of Environmental Injustice In The Developing World A Viable Claim Against Multinational Corporations, Pauline Abadie
Golden Gate University Law Review
Part I of this Comment provides a general background highlighting the tentacular role that multinational corporations play in our "globalized" world. Part I also stresses the link between extractive industries, environmental destruction and human rights violations, and uses three cases recently brought in U.S. federal courts against multinational corporations to illustrate such linkages. Part II provides general background information regarding the ATCA, its application and circumstances of its passage. Most important, Part II discusses the general opacity surrounding the birth of the ATCA and concludes that such nebulous origins contributed to the confusion practitioners meet today in its application. Part …
Cured Salmon?: An Epa Proposal To Regulate Pollution Produced By Salmon Farms, M. Patrick Williams
Cured Salmon?: An Epa Proposal To Regulate Pollution Produced By Salmon Farms, M. Patrick Williams
Golden Gate University Law Review
This Comment discusses the growth of net pen salmon farming and the ability of the CWA to keep up with this rapidly expanding industry. This Comment also examines the EPA's proposal to establish national effluent limits for salmon net pen farms and strategies that can be used to ensure that these farms do not cause harm to the fragile environment of the coastal seafloor.
World Ocean Public Trust: High Seas Fisheries After Grotiustowards A New Ocean Ethos?, Montserrat Gorina-Ysern
World Ocean Public Trust: High Seas Fisheries After Grotiustowards A New Ocean Ethos?, Montserrat Gorina-Ysern
Golden Gate University Law Review
This article explores the concerns raised by conservation groups and evaluates the concept of a WOPT and its feasibility in light of international law of the sea regimes. Section I outlines the main elements of Orbach's vision for the enclosure of the world ocean, and discusses the concept of a WOPT as embraced by a growing constituency of conservation groups worldwide. Section II provides a summary review of the origin and development of the freedom of fishing as one of the fundamental freedoms of the high seas, with its crystallization under international law through the work of Hugo Grotius, its …
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.
A Case Study In International Shark Conservation: The Convention On International Trade In Endangered Species And The Spiny Dogfish, Sonja Fordham, Coby Dolan
A Case Study In International Shark Conservation: The Convention On International Trade In Endangered Species And The Spiny Dogfish, Sonja Fordham, Coby Dolan
Golden Gate University Law Review
This article examines whether, in the face of lax or nonexistent domestic and regional management, the Convention on International Trade in Endangered Species and Wild Fauna and Flora ("CITES") can encourage and complement shark conservation efforts around the world. In particular, it focuses on spiny dogfish as a case study of concern. Low reproductive potential, well-documented depletion and persistent markets driving expanding international trade make spiny dogfish an excellent candidate for CITES attention. As discussed in Section II, CITES does not have an extensive history of regulating trade in marine fish species, and yet has given special attention to sharks …
Control Begins At Home: Tackling Flags Of Convenience And Luu Fishing, Deirdre Warner-Kramer
Control Begins At Home: Tackling Flags Of Convenience And Luu Fishing, Deirdre Warner-Kramer
Golden Gate University Law Review
This article looks at the efforts to control fishing by vessels flying flags of convenience from a global, regional, and national perspective. The international community has struggled for decades with notions of flag State control over fishing vessels and what kind of "genuine link" ought to exist between a vessel and its State of registry. Global instruments negotiated in the 1990's looked for ways to elaborate the broad principles laid out in international law up until that time. Regional fisheries management organizations stepped in and developed a broad suite of tools for combating IUU fishing in the fisheries under their …
The Law On Highly Migratory Fish Stocks: Itlos Jurisprudence In Context, Marcos A. Orellana
The Law On Highly Migratory Fish Stocks: Itlos Jurisprudence In Context, Marcos A. Orellana
Golden Gate University Law Review
This paper discusses some of the relevant principles and substantive obligations that require elucidation in controversies over highly migratory fisheries, with a particular focus on some of the legal issues relevant in the Swordfish case before the ITLOS: The discussion first focuses on the law on high seas fisheries and particularly on the obligations to enact and enforce conservation measures, to produce and share information, and to co-operate in conservation. Subsequently, a focus on international environmental law allows further clarification on the relevance of the principle of common but differentiated responsibilities, the ecosystem approach to the conservation of marine biodiversity, …
The High Seas Lowdown: An Introduction To The Issue, Paul Stanton Kibel
The High Seas Lowdown: An Introduction To The Issue, Paul Stanton Kibel
Golden Gate University Law Review
No abstract provided.
To Drill Or Not To Drill: The Arctic National Wildlife Refuge V. The "Need" For U.S. Energy Independence, Sara N. Pasquinelli
To Drill Or Not To Drill: The Arctic National Wildlife Refuge V. The "Need" For U.S. Energy Independence, Sara N. Pasquinelli
Golden Gate University Law Review
This Comment discusses the complexity of the issues surrounding the ANWR debate, from agency positions on drilling to alternative energy sources. Additionally, this Comment proposes the formation of an ANWR Consulting Group to specifically address the uniqueness of ANWR as an amazing wilderness area that should be preserved even though it happens to have oil beneath its surface.
A View From The Front Lines: The Fate Of Utah's Redrock Wilderness Under The George W. Bush Administration, Stephen H.M. Bloch, Heidi J. Mcintosh
A View From The Front Lines: The Fate Of Utah's Redrock Wilderness Under The George W. Bush Administration, Stephen H.M. Bloch, Heidi J. Mcintosh
Golden Gate University Law Review
What this article is not. This article is not a treatise on the more than twenty-five year Utah wilderness debate, though that issue is discussed where pertinent. This article also does not provide a detailed legal background on the laws and regulations governing oil and gas activities on BLM-managed lands, nor does it repeat the thorough analysis already contained in many recent articles on the legal ins-and-outs of R.S.2477. What this article is. This article is an overview, an executive summary of the heady and fast-paced times that we work in as the conservation community reacts, responds, and attacks the …
Critical Habitat At The Crossroads: Responding To The G.W. Bush Administration's Attacks On Critical Habitat Designation Under The Esa, Mike Senatore, John Kostyack, Andrew Wetzler
Critical Habitat At The Crossroads: Responding To The G.W. Bush Administration's Attacks On Critical Habitat Designation Under The Esa, Mike Senatore, John Kostyack, Andrew Wetzler
Golden Gate University Law Review
In this article, we argue that the George W. Bush Administration's ("Administration") attacks on the critical habitat protections in the Endangered Species Act ("ESA") warrant priority attention from the environmental movement. Many species across the United States and, indeed, around the world, continue to slip towards extinction. As Congress recognized when it passed the ESA, the decline of most species can be directly traced to the destruction of their habitat. Protection and restoration of ecosystems that support endangered species is thus fundamental to species conservation.
Snake River Dam Breaching: River & Salmon Politics In The George W. Bush Administration, David L. Wegner
Snake River Dam Breaching: River & Salmon Politics In The George W. Bush Administration, David L. Wegner
Golden Gate University Law Review
It is the objective of this paper to outline some of the administrative and legislative history that has led to the present state of salmon affairs in the Snake River basin. In addition, it is the intent to outline some of the compounding reasons that have led to the decline of the salmon and finally to outline some of the actions that are necessary to move beyond the bureaucratic stalemate that the salmon find themselves in today.
Unbearable? Bitterroot Grizzly Bear Reintroduction & The George W. Bush Administration, Rob Roy Smith
Unbearable? Bitterroot Grizzly Bear Reintroduction & The George W. Bush Administration, Rob Roy Smith
Golden Gate University Law Review
This article begins by providing a brief overview of the history of the grizzly bear reintroduction efforts and the Clinton Administration's decision to move forward with plans to secure an experimental population of the threatened species in the remote wilderness of Idaho and Montana. Section III focuses on local reaction to the decision to reintroduce the grizzly bear, and in particular, the strong rhetoric of the Idaho congressional delegation opposing the reintroduction. Section IV brings new light on the subsequent legal challenge brought by Governor Dirk Kempthorne and the Republican legislative leadership of the State of Idaho to bar the …
The Republican Divide On Wilderness Policy, Jim Dipeso, Tom Pelikan
The Republican Divide On Wilderness Policy, Jim Dipeso, Tom Pelikan
Golden Gate University Law Review
Wilderness is an issue that exposes a deep political fault line within the Republican Party. Republican leaders such as Theodore Roosevelt are credited with laying the philosophical and legal groundwork that resulted in establishment of the National Wilderness Preservation System. Republicans who worked for wilderness protection cited benefits such as protecting the nation's natural and historical heritage, conserving resources for the future, and providing opportunities for beneficial outdoor recreation. Other Republican leaders, however, have fought wilderness protection on the grounds that preservation is an inappropriate government constraint on free markets and is harmful to the economy by limiting commodity production …
Nature Of The Beast: An Introduction To The Issue, Paul Stanton Kibel
Nature Of The Beast: An Introduction To The Issue, Paul Stanton Kibel
Golden Gate University Law Review
No abstract provided.
Kyoto's So-Called "Fatal Flaws": A Potential Springboard For Domestic Greenhouse Gas Regulation, Denee A. Diluigi
Kyoto's So-Called "Fatal Flaws": A Potential Springboard For Domestic Greenhouse Gas Regulation, Denee A. Diluigi
Golden Gate University Law Review
This Comment discusses the United States' capability to initiate a new domestic program to confront climate change in the wake of the current political stance on environmental issues. Additionally, this Comment proposes a program premised on market-based incentives that will serve as a compromise between industry and the environment to ensure that the United States takes affirmative action to reduce and limit domestic GHG emissions. Section II of this comment discusses the various factors that contribute to the scientific phenomenon of global warming. It also addresses the scientific community's divergent positions with respect to the causes of global warming and …
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 …
Ratification Resisted: Understanding America's Response To The Convention On Biological Diversity, 1989-2002, Robert F. Blomquist
Ratification Resisted: Understanding America's Response To The Convention On Biological Diversity, 1989-2002, Robert F. Blomquist
Golden Gate University Law Review
This Article undertakes a broad, synoptic evaluation of America's complex response to the Convention. It paints an intricate picture of American legal and policy initiatives, on multiple levels, for enhanced domestic and international protection of biodiversity juxtaposed with concomitant legal and policy footdragging. Part I limns, in bold lines, the basic structure of the matter: initially it provides a brief overview of the genesis and contents of the CBD; then,' it sketches a chronological synopsis of America's formal and informal response to the CBD. Part II adds some detailed brushwork: it attempts to deepen understanding of the various tensions, concerns, …
U.S. Climate Change Policy Under G.W. Bush, Armin Rosencranz
U.S. Climate Change Policy Under G.W. Bush, Armin Rosencranz
Golden Gate University Law Review
In this short article, I review the development of U.S. climate change and energy policy under President George W. Bush, describe various executive branch initiatives to address the issue of global climate change, and assess the prospects for progressive U.S. action to address climate change over the remainder of the Bush Presidency. This is a short article because the repudiation of Kyoto speaks for itself and the domestic initiatives that could arguably influence greenhouse gas abatement seem extraordinarily modest in scope and cost.
U.S. Climate Change Policy Under President Clinton: A Look Back, Amy Royden
U.S. Climate Change Policy Under President Clinton: A Look Back, Amy Royden
Golden Gate University Law Review
This article describes the evolution of the Clinton Administration's policy on climate change and point to factors that influenced its deliberations. It focuses on the U.S. positions in international negotiations, international reaction to these positions, and domestic policies and politics that influenced these positions. More detailed analyses of certain issues - such as full descriptions of all the climate change-related activities undertaken by the federal government, both abroad and at home - are beyond the scope of this article.
Consensus Among Many Voices: Articulating The European Union's Position On Climate Change, Nuno S. Lacasta, Suraje Dessai, Eva Powroslo
Consensus Among Many Voices: Articulating The European Union's Position On Climate Change, Nuno S. Lacasta, Suraje Dessai, Eva Powroslo
Golden Gate University Law Review
This article attempts to provide an overview of key policy elements of the European Union's climate policy since the adoption of the UNFCCC in 1992. Section II discusses the main features of the EU as an actor vis-a-vis its Member States and the international community at large. Section III identifies the key actors at play in the EU context; Section IV analyzes the EU's track record on domestic policies and measures. Section V, in turn, debates selected key topics in the international climate change negotiations from a EU perspective. Finally, section VI debates the prospects of continued international EU leadership …
Unced's Uncertain Legacy: An Introduction To The Issue, Paul Stanton Kibel
Unced's Uncertain Legacy: An Introduction To The Issue, Paul Stanton Kibel
Golden Gate University Law Review
No abstract provided.