Law Commons^™

The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone

Linda A. Malone

Major issues and complexities arise when one is looking at the international puzzle that is Antarctica. Despite being uninhabited year round and lacking substantial long-term international law rules for sovereignty, states still try to claim their sovereignty over various parts of Antarctica. The consortium of states under the Antarctica Treaty System (“ATS”) then further aggravates these complexities, especially when other states outside of the ATS have been arguing for different regimes and approaches to dealing with Antarctica and resource exploitation. Due to these major issues and a desperate need for a resolution in times of global climate change, this Article …

Exercising Environmental Human Rights And Remedies In The United Nations System, Linda A. Malone, Scott Pasternack

Linda A. Malone

No abstract provided.

Book Review Of Principles Of International Environmental Law, Linda A. Malone

Linda A. Malone

No abstract provided.

The North-South Divide In International Environmental Law: Framing The Issues, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez

The unprecedented degradation of the planet’s vital ecosystems is among the most pressing issues confronting the international community. Despite the proliferation of legal instruments to combat environmental problems, conflicts between rich and poor nations (the North-South divide) have compromised the effectiveness of international environmental law, leading to deadlocks in environmental treaty negotiations and non-compliance with existing agreements. Through contributions from scholars based in five continents, International Environmental Law and the Global South examines both the historical origins of the North-South divide in European colonialism as well as its contemporary manifestations in a range of issues, including food justice, energy justice, …

International Environmental Law And The Global South, Carmen G. Gonzalez

Carmen G. Gonzalez

The unprecedented degradation of the planet’s vital ecosystems is among the most pressing issues confronting the international community. Despite the proliferation of legal instruments to combat environmental problems, conflicts between rich and poor nations (the North-South divide) have compromised the effectiveness of international environmental law, leading to deadlocks in environmental treaty negotiations and non-compliance with existing agreements. Through contributions from scholars based in five continents, International Environmental Law and the Global South examines both the historical origins of the North-South divide in European colonialism as well as its contemporary manifestations in a range of issues, including food justice, energy justice, …

The National Historic Preservation Act: Preserving History, Impacting Foreign Relations?, Mark P. Nevitt

Mark P Nevitt

The National Historic Preservation Act (NHPA) is a remarkable statutory success story, properly lauded for protecting American historic properties since its passage in 1966. But there is another, more intricate story to the NHPA. Congress added a unique extraterritoriality provision to the NHPA, implementing U.S. obligations under the World Heritage Convention (WHC), a treaty that protects properties of cultural and natural heritage worldwide. This provision requires federal agencies to take into account the effect of any undertaking outside the United States on the applicable nation’s equivalent National Register. Its proper scope and jurisdiction were unclear–until recently.A federal district court ruled …

Polar Law And Good Governance, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This chapter will assess the Antarctic Treaty System, ask what polar lessons can be learned regarding common pool resources, and analyze law of the sea and related measures. It will consider such substantive areas as Arctic and Antarctic natural resource management and procedural opportunities as inclusive governance structures. Enhancing good governance can occur through trust building forums that bring together stakeholders, share information, and make environmentally sound decisions regarding sustainable development.

China's Engagement With Latin America: Partnership Or Plunder?, Carmen G. Gonzalez

Carmen G. Gonzalez

The emergence of China as a significant economic force in Latin America has sparked both optimism and alarm. With titles such as 'The Coming China Wars' and 'The Dragon in the Backyard,' recent books and articles depict China as a rising imperial power scouring the globe for natural resources and as a competitive threat to Latin America. Other studies applaud China’s pragmatic, unorthodox development strategies and portray China as a successful model for developing countries. The competing narratives about China’s rise do agree on one thing: China has become a formidable force in the developing world whose influence merits careful …

The Copenhagen Accord And The Future Of The International Climate Change Regime, Francesco Sindico

Francesco Sindico

This paper analyses the environmental integrity, the nature and the political relevance of the Copenhagen Accord. According to the first two parameters, the Copenhagen Accord is not satisfactory. From a political point of view the conclusion is slightly different, albeit not positive. This paper concludes arguing that after the Copenhagen Conference the future of the international climate change legal regime is likely to be more fragmented, the Accord being one further piece of the global carbon puzzle.

Sovereignty And Environmental Justice In International Law, André Nollkaemper

André Nollkaemper

No abstract provided.

Toward A Vibrant Peruvian Middle Class: Effects Of The Peru-United States Free Trade Agreement On Labor Rights, Biodiversity, And Indigenous Populations, Stephen J. Powell, Paola A. Chavarro

Stephen Joseph Powell

Past research confirms that trade and human rights are inextricably linked by trade's effects on poverty, labor, women, indigenous populations, health, and the environment. We identified surprisingly direct linkages between these two vital policies in WTO agreements as well as that regional trade agreements add positive indirect contributions by to rules-based governance through their emphasis on transparency, accountability, and due process by governments, as well as timeliness, inclusive record keeping, and impartiality in the administrative decisional process. The present research examines a particular country and a single trade agreement, Peru and the trade agreement between Peru and the United States. …

Responsibility Of Transnational Corporations In International Environmental Law: Three Perspectives, André Nollkaemper

André Nollkaemper

This chapter examines recent developments pertaining to the international responsibility of transnational corporations for activities that may cause harm to the environment. While the position of transnational corporations in international law has been subjected to previous analyses, also in regard to international environmental law, there are reasons for a new consideration of the topic.

First, transnational corporations substantially contribute to the worldwide stress on the environment. Many acts that deplete natural resources, contribute to the depletion of the ozone layer and to climate change, deplete fish stocks, clear-cut forests, move waste across boundaries, and so on, are not performed by …

Regional Economic Arrangements And The Rule Of Law In The Americas: The Human Rights Face Of Free Trade Agreements, Stephen Powell

Stephen Joseph Powell

In past studies, we explored the more visible and controversial linkages between international trade law and non-trade issues that span a broad range of vital interests we may collectively describe as human rights law. We have addressed the widespread criticism that international trade rules are insensitive to basic human rights and that globalization has done little with its enormous power to preserve exhaustible natural resources and otherwise promote sustainable development, to alleviate the gap between rich and poor, to encourage states to grant their citizens basic human rights contained in U.N. treaties, to resolve the often conflicting policies underlying essential …

The Place Of Human Rights Law In World Trade Organization Rules, Stephen Joseph Powell

Stephen Joseph Powell

WTO rules routinely are linked to the inability of nations to make meaningful progress in sharpening environmental and other human rights protections, for example, the failure of the 2002 Johannesburg World Summit on Sustainable Development to usher in any new treaties despite the bright promise of the Rio Earth Summit of the previous decade. The common brief of environmental, medical, and development interest groups is that the market principles of supply and demand, comparative advantage, and non-discrimination on which global trade rules are built have encumbered pursuit by nations of fundamental non-economic objectives that must in any reasoned legal hierarchy …

International Environmental Law In The Courts Of The Netherlands, André Nollkaemper

André Nollkaemper

No abstract provided.

Three Conceptions Of The Integration Principle In International Environmental Law, André Nollkaemper

André Nollkaemper

No abstract provided.

Compliance Control In International Environmental Law: Traversing The Limits Of The National Legal Order, André Nollkaemper

André Nollkaemper

No abstract provided.

Three Conceptions Of The Integration Principle In International Environmental Law, André Nollkaemper

André Nollkaemper

No abstract provided.

Improving Compliance With The International Law Of Marine Environmental Protection: The Role Of The European Union, André Nollkaemper

André Nollkaemper

No abstract provided.

Legal Regulation Of Upland Discharges Of Marine Debris: From Local To Global Controls And Back, André Nollkaemper

André Nollkaemper

No abstract provided.

"What You Risk Reveals What You Value", And Other Dilemmas Entountered In The Legal Assaults On Risks, André Nollkaemper

André Nollkaemper

No abstract provided.

The 1992 Paris Convention For The Protection Of The Marine Environment Of The North-East Atlantic: A Critical Analysis, Ellen Hey, Ton Ijlstra, André Nollkaemper

André Nollkaemper

No abstract provided.

The Precautionary Principle In International Environmental Law: What's New Under The Sun?, André Nollkaemper

André Nollkaemper

No abstract provided.

The Rhine Action Programme: A Turning-Point In The Protection Of The North Sea?, André Nollkaemper

André Nollkaemper

No abstract provided.