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Articles 1 - 30 of 43
Full-Text Articles in Law
Solving Contemporary Issues In Conservation Through A Market-Based International Park System, Ian Finley
Solving Contemporary Issues In Conservation Through A Market-Based International Park System, Ian Finley
Indiana Journal of Global Legal Studies
In 2016, the United States National Park Service celebrated its centennial, which caused a flurry of calls for reflection and recommendations for improvements for national parks.1 People began urging the national parks to reaffirm their commitment to conservation and recreation, along with encouraging more research.2 It seemed to be a natural time to revisit the original “justification for both Yosemite and Yellowstone park [that] was the protection of unique scenery in the national interest.”3 That being said, in light of developments in national parks over the last one hundred years, it is important to challenge or at least qualify that …
The Ends And The Means: Indigenous Sovereignty, Climate-Related Legal Actions, And Frameworks Of Justice, Connor Marcum
The Ends And The Means: Indigenous Sovereignty, Climate-Related Legal Actions, And Frameworks Of Justice, Connor Marcum
Indiana Journal of Global Legal Studies
Philosophy professor Timothy Morton uses climate change as his foremost example of what he calls a hyperobject: an object that occupies both more physical space and more time than humans can usefully comprehend. For example, one can understand local meteorological occurrences in isolation without necessarily understanding that a given storm was more severe than it should have been because an overall increase in global temperatures makes for a more aggressive, active hydrological cycle. Environmental organizations focused on raising awareness understand this. Public campaigns to wed the nebulous idea of climate change to specific, concrete images are incredibly memorable: think of …
Shifting Between Public And Private: The Reconfiguration Of Global Environmental Regulation, Orr Karassin, Oren Perez
Shifting Between Public And Private: The Reconfiguration Of Global Environmental Regulation, Orr Karassin, Oren Perez
Indiana Journal of Global Legal Studies
Over the past two centuries, public environmental regulation (PER) has been progressively supplemented by private transnational regulation (PTR), creating a hybrid environmental governance regime. A fivecategory typology is developed to describe the ways in which international and national PER interact with private forms of environmental regulation. We then analyze the policy considerations that are relevant to the design of such hybrid regimes and various forms of interaction. Next, we describe two case studies that demonstrate the diversity of interactions between PER and PTR in a single regime. The case of sustainability reporting illustrates how public law builds on the expertise …
Citizens Of Sinking Islands: Early Victims Of Climate Change, Erin Halstead
Citizens Of Sinking Islands: Early Victims Of Climate Change, Erin Halstead
Indiana Journal of Global Legal Studies
This Note discusses the effects of climate change that threaten Small Island Developing States (SIDS). Specifically, with increasing global greenhouse gas (GHG) emissions resulting in rising sea levels and higher frequency of extreme weather events, many citizens of SIDS are forced abandon their homelands, which are no longer livable. Although SIDS are some of the smallest contributors to GHG emissions, and therefore contribute the least to climate change, SIDS are some of the countries most heavily affected by the negative effects of climate change. The global community has an obligation to accommodate these displaced people, partially due to the significant …
Using A Community-Based Strategy To Address The Impacts Of Globalization On Underwater Cultural Heritage Management In The Dominican Republic, Lydia Barbash-Riley
Using A Community-Based Strategy To Address The Impacts Of Globalization On Underwater Cultural Heritage Management In The Dominican Republic, Lydia Barbash-Riley
Indiana Journal of Global Legal Studies
This Note addresses the management of the Underwater Cultural Heritage (UCH) in the Dominican Republic as a case study of the effects of two aspects of globalization on cultural and environmental resource management in the developing world: the international convergence of values and the horizontal delegation of state power to private actors due to economic constraints. This Note posits that even as the global community of states moves toward a consensus on the ethical management of the UCH, this convergence combined with the global trend of horizontal delegation may incentivize some lesser-developed countries to deal with the economic pressures of …
Regulating Water And War In Iraq: A Dangerous Dark Side Of New Governance, Tracey Leigh Dowdeswell, Patricia Hania
Regulating Water And War In Iraq: A Dangerous Dark Side Of New Governance, Tracey Leigh Dowdeswell, Patricia Hania
Indiana Journal of Global Legal Studies
In the legal scholarship, the 'new governance' mode of governance advances an administrative arrangement where decision-making is shared amongst a range of actors, both public and private. The flexible, responsive, and collaborative governance orientation is intended to counter the ill effects of a coercive, top-down, state-centric, command-and-control approach to governance. Critics contend the new governance framework can displace the interests of local communities, disempower individuals, and dislodge basic human rights. The U.S. military has adopted such an adaptive approach in its own governance structure, which in this article is referred to as: the new governance "mentality." This mentality of governance …
The Persistence Of National Peculiarities: Translating Representative, Anna Katharina Mangold
The Persistence Of National Peculiarities: Translating Representative, Anna Katharina Mangold
Indiana Journal of Global Legal Studies
This paper explores representative environmental action in international, European Union, and German environmental law as an example of '7egal translation." The Aarhus Convention, dating from 1998, requests signatory parties to provide environmental NGOs with wide access to justice so that the protection of the environment can be controlled by the judiciary. Both the European Union and Germany have implemented the provisions of the Aarhus Convention into their respective legal orders. This process of implementation can be considered as "legal translations." The argument of this paper is that a perspective of '7egal translation" provides new vistas on the various intertwined layers …
The Human Right To Water: Will Its Fulfillment Contribute To Environmental Degradation?, Alezah Trigueros
The Human Right To Water: Will Its Fulfillment Contribute To Environmental Degradation?, Alezah Trigueros
Indiana Journal of Global Legal Studies
Human rights and environmental protection are two often overlapping bodies of law, each of which by their nature seeks to take priority over other applicable law. For this reason, these two bodies of law often find themselves in tension with one another. This Note aims to illustrate the tension between human rights and environmental protection in the context of the recent push for a codified human right to water. My thesis is that ideally these two bodies of law should balance each other out-a human right to water would be subject to environmental safeguards, and, likewise, conservation efforts would be …
Greenpeace, Social Media, And The Possibility Of Global Deliberation On The Environment, Michael Roose
Greenpeace, Social Media, And The Possibility Of Global Deliberation On The Environment, Michael Roose
Indiana Journal of Global Legal Studies
Greenpeace uses the developmental republican model of democratic
governance for setting organizational policy. This model does an excellent
job of forming members into effective leaders who are committed to the
organization and its mission. However, Greenpeace could more effectively
encourage the global community to become involved in environmental
activism and set more responsive policy by employing an Internet-based
deliberative democracy policy-setting process.
Globalization And The Institutional Dynamics Of Global Environmental Governance, Tun Myint
Globalization And The Institutional Dynamics Of Global Environmental Governance, Tun Myint
Indiana Journal of Global Legal Studies
This paper is concerned with globalization and the institutional dynamics of global environmental governance. How do the phenomena of globalization shape the study of the institutional dimensions of global environmental governance, and how do these phenomena influence the practicality of law and state-centric politics? These questions guide the direction of this paper and its aim to advance theories and research methods for the study of the dynamics of institutions for governance. By synthesizing the conceptual findings of the literature, this paper develops an analytical framework of globalization and analytical themes to advance the systematic study of the dynamics of institutions, …
The Fight For Clean Technology Funds: Who Should Control The Future Of Low-Carbon Technology In The Developing World, William Gardner
The Fight For Clean Technology Funds: Who Should Control The Future Of Low-Carbon Technology In The Developing World, William Gardner
Indiana Journal of Global Legal Studies
As part of a multilateral climate change treaty, the parties to the United Nations Framework Convention on Climate Change (UNFCCC) have discussed establishing an international aid mechanism, or fund, to support low-carbon energy generation and energy efficiency projects in developing countries. The selection of a fund administrator has been particularly contentious. Many developed countries believe that, rather than creating a new fund, the COP should use an already established one-the World Bank's Clean Technology Fund (CTF)-and select the World Bank as fund administrator.H owever, many developing countries believe the Conference of the Parties (COP) to the UNFCCC should create a …
Is There An International Environmental Constitution?, Daniel Bodansky
Is There An International Environmental Constitution?, Daniel Bodansky
Indiana Journal of Global Legal Studies
The surge of interest among international lawyers in "constitutionalism" represents one of several efforts to reconceptualize internationa governance; others include the research projects on global administrative law and legalization. The article applies the constitutionalist lens to international environmental law-one of the few fields of international law to which constitutionalist modes of analysis have not yet been applied. Given the protean quality oft he terms "constitution"and "constitutionalism,"t he article begins by unpacking these concepts. By disaggregating these concepts into a number of separate variables, which have more determinate, unambiguous meanings, we can answer the question, "Is there an international environmental constitution?", …
Emerging Global Environmental Governance, N. Brian Winchester
Emerging Global Environmental Governance, N. Brian Winchester
Indiana Journal of Global Legal Studies
Environmental thinking and activism are steadily gaining widespread, even global acceptance, but are often in conflict with economic interests and international politics. Environmental priorities are further challenged by scientific uncertainty involving effects that in some cases will only become manifest far into the future. Nonetheless, accompanying this global environmental awakening has been an extraordinary number of international agreements on a wide range of critical environmental issues. While many of these environmental regimes lack adequate financial support and sanctions for non-compliance, they involve a variety of non-state actors, suggesting meaningful movement towards an evolving, complex form of global environmental governance. Indeed, …
Pain, Gain, Or Shame: The Evolution Of Environmental Law And The Role Of Multinational Corporations, Michael Ewing-Chow, Darryl Soh
Pain, Gain, Or Shame: The Evolution Of Environmental Law And The Role Of Multinational Corporations, Michael Ewing-Chow, Darryl Soh
Indiana Journal of Global Legal Studies
The evolution of environmental law in the past century has been linked to the growing acceptance of the notion of collective global responsibility, which entails the notion of sustainable development. At the turn of this century, the focus in environmental law has shifted from the creation of a global framework to deal with environmental problems to that of compliance with these frameworks. As a result, the primary actor of environmental policy has shifted from the state to the corporation. How has environmental law developed so as to encourage compliance by this new primary actor? Conversely, how has the corporation been …
Help For Hotspots: Ngo Participation In The Preservation Of Worldwide Diversity, Bradley M. Bernau
Help For Hotspots: Ngo Participation In The Preservation Of Worldwide Diversity, Bradley M. Bernau
Indiana Journal of Global Legal Studies
This Note explores the role that nongovernmental organizations can and do play in the preservation of global biodiversity hotspots. The hotspot concept-developed in the late 1980s alongside the new field of conservation biology-identifies particular areas of the world that contain high levels of endemic species that are highly threatened or endangered. Some experts have argued that by focusing species conservation efforts on these areas, a maximum amount of species can be protected and preserved using a minimum amount of time, money, and effort, allowing the remaining, scarce funds and resources to be directed toward species conservation efforts elsewhere.
Without commenting …
Challenges For Private Sector Conservation: Sanderson's The Future Of Conservation In Tierra Del Fuego, Julia Amrock
Challenges For Private Sector Conservation: Sanderson's The Future Of Conservation In Tierra Del Fuego, Julia Amrock
Indiana Journal of Global Legal Studies
To date, global protection of biodiversity has been largely dominated by governmental actors. Ecosystems transcending state boundaries find themselves at the mercy of international agreements, for better or for worse. Steven Sanderson of the Wildlife Conservation Society (WCS) suggested for worse in The Future of Conservation, but he gave hope for more effective environmental conservation, if the private sector could gain more standing globally. The plan that Sanderson created for self-assertion of nongovernmental environmental groups describes approaches typically endorsed not by NGOs but by governments: global alliances, political strategy, human-centered conservation, and economic development. This Note isolates the current use …
Lessons From Stockholm: Evaluating The Global Convention On Persistent Organic Pollutants, Andrew J. Yoder
Lessons From Stockholm: Evaluating The Global Convention On Persistent Organic Pollutants, Andrew J. Yoder
Indiana Journal of Global Legal Studies
No abstract provided.
Achieving Sustainable Development: The Centrality And Multiple Facets Of Integrated Decisionmaking, John C. Dernbach
Achieving Sustainable Development: The Centrality And Multiple Facets Of Integrated Decisionmaking, John C. Dernbach
Indiana Journal of Global Legal Studies
No abstract provided.
Democracy In Global Environmental Governance: Issues, Interests, And Actors In The Mekong And The Rhine, Tun Myint
Indiana Journal of Global Legal Studies
Globalization and Governance: The Prospects for Democracy, Symposium
What Globalization Means For Ecotourism: Managing Globalization's Impacts On Ecotourism In Developing Countries, Alexander C. O'Neill
What Globalization Means For Ecotourism: Managing Globalization's Impacts On Ecotourism In Developing Countries, Alexander C. O'Neill
Indiana Journal of Global Legal Studies
No abstract provided.
Ideas Without Institutions: The Paradox Of Sustainable Development, A. Dan Tarlock
Ideas Without Institutions: The Paradox Of Sustainable Development, A. Dan Tarlock
Indiana Journal of Global Legal Studies
No abstract provided.
Introduction: Syncopated Sustainable Development (Sustainable Development, Agriculture, And The Challenge Of Genetically Modified Organisms Symposium), John S. Applegate, Alfred C. Aman
Introduction: Syncopated Sustainable Development (Sustainable Development, Agriculture, And The Challenge Of Genetically Modified Organisms Symposium), John S. Applegate, Alfred C. Aman
Indiana Journal of Global Legal Studies
No abstract provided.
Intellectual Property, Human Rights & Sovereignty: New Dilemmas In International Law Posed By The Recognition Of Indigenous Knowledge And The Conservation Of Biodiversity, Rosemary J. Coombe
Intellectual Property, Human Rights & Sovereignty: New Dilemmas In International Law Posed By The Recognition Of Indigenous Knowledge And The Conservation Of Biodiversity, Rosemary J. Coombe
Indiana Journal of Global Legal Studies
No abstract provided.
International Environmental Policy: From The Twentieth To The Twenty-First Century, By Lynton Keith Caldwell, Stacy D. Vandeveer
International Environmental Policy: From The Twentieth To The Twenty-First Century, By Lynton Keith Caldwell, Stacy D. Vandeveer
Indiana Journal of Global Legal Studies
No abstract provided.
An Examination Of International Environmental Racism Through The Lens Of Transboundary Movement Of Hazardous Wastes, Rozelia S. Park
An Examination Of International Environmental Racism Through The Lens Of Transboundary Movement Of Hazardous Wastes, Rozelia S. Park
Indiana Journal of Global Legal Studies
No abstract provided.
Green And Global: A Review Of Trading Up: Consumer And Environmental Regulations In A Global Economy, By David Vogel; Greening The Gatt: Trade, Environment, And The Future, By Daniel C. Esty; And Financing Change: The Financial Community, Eco-Efficiency, And Sustainable Development, By Stephan Schmidheiny And Federico J. L. Zorraquin, Aseem Prakash
Indiana Journal of Global Legal Studies
No abstract provided.
The Big Push: Emigration In The Age Of Environmental Catastrophe, William Plummer
The Big Push: Emigration In The Age Of Environmental Catastrophe, William Plummer
Indiana Journal of Global Legal Studies
No abstract provided.
Environmental Realpolitik: Joint Implementation And Climate Change, Thomas C. Heller
Environmental Realpolitik: Joint Implementation And Climate Change, Thomas C. Heller
Indiana Journal of Global Legal Studies
Professor Heller's article discusses why there has been little
progress after the Rio Earth Summit in developing the Framework
Convention on Climate Change. He argues that, beyond the scientific
uncertainties about climate change and its economic impacts,
agreement on the legal structure of a comprehensive regime has been
hampered by institutional factors. These include: the political
discounting of damage to future populations, the diverse risks of
global warming in different regions, and the distrust in many nations
with market instruments, like taxes or tradable permits, that are
favored by many industrial nations dependent on fossil fuels.
Resolving these problems will …
International Law, Industrial Location, And Pollution, Duane Chapman, Jean Agras, Vivek Suri
International Law, Industrial Location, And Pollution, Duane Chapman, Jean Agras, Vivek Suri
Indiana Journal of Global Legal Studies
The dominant position of economists on trade and environment is that
increasing trade raises living standards, which provide the economic
basis for reduced pollution. Professors Chapman, Agras, and Suri
present a perspective that raises very different points. First, the dramatic
growth of manufacturing in East Asia for global markets is
based entirely (or nearly so) on the importation of processed
pollution-intensive raw materials. For a typical product in this global
system, a U.S. consumer purchasing an Asian product made from
imported resources benefits from a lower price and a cleaner local
environment; however, energy use and pollution associated with the …
Environmental Standards Within Nafta: Difference By Design And The Retreat From Harmonization, Jeffrey Atik
Environmental Standards Within Nafta: Difference By Design And The Retreat From Harmonization, Jeffrey Atik
Indiana Journal of Global Legal Studies
Professor Atik argues that NAFTA, in legitimating regulatory differences among the NAFTA parties, represents a repudiation of standard harmonization. He states that while NAFTA and its environmental side agreement "have been described as the 'greenest' trade agreement to date," it marks a significant retreatfrom efforts to harmonize global environmental standards. This rejection is a product of "ajealous retention of sovereignty" by the NAFTA parties, as well as the careful maintenance of the parties' distinct production roles and specialities. Thus, Professor Atik argues that a convergence of standards will likely remain elusive within NAFTA. Both highstandard and low-standard parties may prefer …