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Full-Text Articles in Law
Intergenerational Equity, Dinah L. Shelton
Intergenerational Equity, Dinah L. Shelton
GW Law Faculty Publications & Other Works
This essay analyzes the legal meaning of “intergenerational equity” and evaluates the practical implementation of the concept. The essay begins by considering the meaning of the two terms in the phrase: “intergenerational” and “equity.” It then looks at the various rationales given for concern with this topic and how they link to the topic of solidarity, followed by an overview of some of the main subject areas in which the issue of intergenerational equity arises. It proceeds to assess the status of intergenerational equity in international law and to identify various principles associated with the concept. Finally, it turns to …
Eleventh Annual Grotius Lecture Response: Commentary On Achim Steiner's 2009 Grotius Lecture, Dinah L. Shelton
Eleventh Annual Grotius Lecture Response: Commentary On Achim Steiner's 2009 Grotius Lecture, Dinah L. Shelton
GW Law Faculty Publications & Other Works
This commentary discusses the impact of the 2009 Grotius Lecture delivered by Achim Steiner, Executive Director of the United Nations Environmental Program (“UNEP”). The commentary elaborates on a fundamental lesson of the lecture: law can be a conduit for transformative economic change. The commentary emphasizes the need for international entities such as UNEP to address global environmental crises that result from pollution largely generated by industrial countries. The commentary encourages leaders to consider these environmental challenges as possible threats to human rights.
Balancing Rights And Responsibilities: Human Rights Jurisprudence On Regulating The Content Of Speech, Dinah L. Shelton
Balancing Rights And Responsibilities: Human Rights Jurisprudence On Regulating The Content Of Speech, Dinah L. Shelton
GW Law Faculty Publications & Other Works
The right to freedom of expression is one of the essential attributes of a democratic society, linked to transparency in government, public participation in decision-making, and each person’s individual self-determination. This paper analyzes the key provisions of human rights instruments that concern the right to freedom of expression. The paper also evaluates the scope of freedom of expression rights by considering U.N. studies and reports and the jurisprudence of human rights bodies. The paper concludes that the law cannot fully resolve the tensions between the free exercise of expression and the protection of other’s rights, but the legal guarantees and …
Equitable Utilization Of The Atmosphere: A Rights-Based Approach To Climate Change, Dinah L. Shelton
Equitable Utilization Of The Atmosphere: A Rights-Based Approach To Climate Change, Dinah L. Shelton
GW Law Faculty Publications & Other Works
This paper advocates for a rights-based approach to climate change. I argue that the government of a state may, and arguably, has the duty to assert and defend the rights of its inhabitants, rather than remaining passive and ultimately defending itself for alleged rights-violating acts and omissions. The premise underlying this approach is that governments exist for the purpose of protecting the sovereign rights of the state and the human rights of their inhabitants, past and future. First, the paper examines the rights of permanent sovereignty over natural rights. Second, it considers interstate cases on trans-frontier pollution, including the landmark …
Returning Home: Women In Post-Conflict Societies, Naomi R. Cahn, Dina Francesca Haynes, Fionnuala D. Ni Aolain
Returning Home: Women In Post-Conflict Societies, Naomi R. Cahn, Dina Francesca Haynes, Fionnuala D. Ni Aolain
GW Law Faculty Publications & Other Works
This paper explores the situation of women returning to their homes and communities after their countries have experienced major conflicts. In that context, it assesses the range of barriers and challenges that women face and offers some thinking to addresses and remedy these complex issues. As countries face the transition process, they can begin to measure the conflict’s impact on the population and the civil infrastructure. Not only have people been displaced from their homes, but, typically, health clinics, schools, roads, businesses, and markets have deteriorated substantially. While the focus is on humanitarian aid in the midst of and during …
Conservation With Justice: A Rights-Based Approach, Dinah L. Shelton, Thomas Greiber, Melinda Janki, Marcos Orellana, Annalisa Savaresi
Conservation With Justice: A Rights-Based Approach, Dinah L. Shelton, Thomas Greiber, Melinda Janki, Marcos Orellana, Annalisa Savaresi
GW Law Faculty Publications & Other Works
This article suggests a rights-based approach (RBA) to conservation of environmental resources. The article points out benefits of an RBA model, such as identifying the causes of environmental impacts on citizens’ human rights and bettering the regulation of environmental resources. However, the RBA also poses challenges, such as resistance from non-State actors, comparing the importance of different rights, and a commitment of many resources. The article next identifies substantive and procedural rights provided by international law. An RBA implicates, among others, the right to life, the right to health, the right to an adequate standard of living, the right to …