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- International law (62)
- Indigenous peoples (41)
- United States (40)
- Climate change (33)
- Human rights (31)
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- Global warming (20)
- California (18)
- International environmental law (18)
- Colorado River (17)
- Environmental law (17)
- Water (16)
- Sustainable development (15)
- Agriculture (14)
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- UNDRIP (12)
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- Developing countries (11)
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- Publications (134)
- Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14) (20)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (17)
- Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11) (16)
- 2012 Energy Justice Conference and Technology Exposition (September 17-18) (13)
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- Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10) (13)
- The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18) (8)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (7)
- Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10) (7)
- The Climate of Environmental Justice: Taking Stock (March 16-17) (6)
- A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8) (5)
- Free, Prior and Informed Consent: Pathways for a New Millennium (November 1) (5)
- New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13) (5)
- Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9) (4)
- Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13) (4)
- Groundwater in the West (Summer Conference, June 16-18) (3)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (3)
- Air Quality Protection in the West (November 27-28) (2)
- Proceedings of the Sino-American Conference on Environmental Law (August 16) (2)
- US-Mexico Negotiations on Improved Colorado River Management: An Update (February 19) (2)
- 2010 World Energy Justice Conference (November 5) (1)
- A Life of Contributions for All Time: Symposium in Honor of David H. Getches (April 26-27) (1)
- Indigenous Water Justice Symposium (June 6) (1)
- Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28) (1)
- World Energy Justice Conference (October 23-24) (1)
Articles 1 - 30 of 281
Full-Text Articles in Law
“Aspirations”: The United States And Indigenous Peoples’ Human Rights, Kristen A. Carpenter
“Aspirations”: The United States And Indigenous Peoples’ Human Rights, Kristen A. Carpenter
Publications
The United States has long positioned itself as a leader in global human rights. Yet, the United States lags curiously behind when it comes to the human rights of Indigenous Peoples. This recalcitrance is particularly apparent in diplomacy regarding the United Nations Declaration on the Rights of Indigenous Peoples. Adopted by the United Nations General Assembly in 2007, the Declaration affirms the rights of Indigenous Peoples to self-determination and equality, as well as religion, culture, land, health, family, and other aspects of human dignity necessary for individual life and collective survival. This instrument was advanced over several decades by Indigenous …
How Private Actors Are Impacting U.S. Economic Sanctions, Maryam Jamshidi
How Private Actors Are Impacting U.S. Economic Sanctions, Maryam Jamshidi
Publications
Economic and trade sanctions are typically understood as the exclusive province of governments and intergovernmental organizations. Private parties have, however, long played a role in sanctions regimes. For example, private plaintiffs holding unsatisfied, terrorism-related civil judgments have used various U.S. federal statutes to enforce those judgments against assets blocked by U.S. sanctions. Most recently, plaintiffs with judgments against the Taliban have used some of those federal laws to execute against the financial assets of Afghanistan’s central bank. These and other efforts to enforce terrorism-related civil judgments are more than just attempts to collect on outstanding damages awards. Rather, they allow …
Visions For The International Decade Of Indigenous Languages 2022-2032, Kristen A. Carpenter, Andrew Cowell, Alexis Palmer
Visions For The International Decade Of Indigenous Languages 2022-2032, Kristen A. Carpenter, Andrew Cowell, Alexis Palmer
Publications
The United Nations General Assembly recently proclaimed the International Decade of Indigenous Languages ( "IDIL") from 2022-2032 to "to draw attention to the critical loss of indigenous languages and the urgent need to preserve, revitalize and promote indigenous languages and to take urgent steps at the national and international levels." The Decade is an opportunity to expose and address the severe loss of Indigenous Peoples' languages locally, regionally, and globally. It is a chance for the entire world community to gather together and commit to bringing Indigenous languages back from the brink of dormancy or extinction.
Introduction To The Symposium On The Impact Of Indigenous Peoples On International Law, S. James Anaya, Antony Anghie
Introduction To The Symposium On The Impact Of Indigenous Peoples On International Law, S. James Anaya, Antony Anghie
Publications
No abstract provided.
Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter
Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter
Publications
As global attention turns increasingly to issues of migration, the Indigenous identity of migrants often remains invisible. At the U.S.-Mexico border, for example, a significant number of the individuals now being detained are people of indigenous origin, whether Kekchi, Mam, Achi, Ixil, Awakatek, Jakaltek or Qanjobal, coming from communities in Venezuela, Honduras, Guatemala and other countries. They may be leaving their homelands precisely because their rights as Indigenous Peoples, for example the right to occupy land collectively and without forcible removal, have been violated. But once they reach the United States, they are treated as any other migrants, without regard …
Indigenous Peoples And Diplomacy On The World Stage, Kristen Carpenter, Alexey Tsykarev
Indigenous Peoples And Diplomacy On The World Stage, Kristen Carpenter, Alexey Tsykarev
Publications
No abstract provided.
A Prolegomenon To The Study Of Racial Ideology In The Era Of International Human Rights, Justin Desautels-Stein
A Prolegomenon To The Study Of Racial Ideology In The Era Of International Human Rights, Justin Desautels-Stein
Publications
There is no critical race approach to international law. There are Third World approaches, feminist approaches, economic approaches, and constitutional approaches, but notably absent in the catalogue is a distinct view of international law that takes its point of departure from the vantage of Critical Race Theory (CRT), or anything like it. Through a study of racial ideology in the history of international legal thought, this Article offers the beginnings of an explanation for how this lack of attention to race and racism came to be, and why it matters today.
Copyright And Disability, Blake E. Reid
Copyright And Disability, Blake E. Reid
Publications
A vast array of copyrighted works—books, video programming, software, podcasts, video games, and more—remain inaccessible to people with disabilities. International efforts to adopt limitations and exceptions to copyright law that permit third parties to create and distribute accessible versions of books for people with print disabilities have drawn some attention to the role that copyright law plays in inhibiting the accessibility of copyrighted works. However, copyright scholars have not meaningfully engaged with the role that copyright law plays in the broader tangle of disability rights.
(Carbon) Farming Our Way Out Of Climate Change, Alexia Brunet Marks
(Carbon) Farming Our Way Out Of Climate Change, Alexia Brunet Marks
Publications
Numerous climate-related emergencies highlight the challenges and urgency posed by climate change: the 2018 Intergovernmental Panel on Climate Change (IPCC) Report, the Global Climate Action Summit in California and international student walkouts, to name a few. While the IPCC Report sent an urgent cry to reduce total emissions and to achieve specific results—45% reduction by 2030 and net-zero emissions by 2050—reductions need to be combined with capturing and storing atmospheric carbon dioxide. Scientific studies have shown that an annual increase of 0.4% of carbon stored in soils would make it possible to stop the present increase in atmospheric CO2.
This …
Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy
Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy
Publications
The challenge of energy poverty (EP) primarily confronts the least developed countries (LDCs) of the world, located in Africa and Asia, but is also prevalent within segments of more advanced developing countries in Asia. This article will first delineate the nature of global energy poverty that results in the premature deaths of millions of people and leads to pervasive sickness among many more millions. The article will next sketch the legal and political responses to this problem that have generally applied principles of sustainable development (SD) and the seventeen Sustainable Development Goals (SDGs) of 2015 adopted by the General Assembly …
Beyond The Marrakesh Vip Treaty: Typology Of Copyright Access-Enabling Provisions For Persons With Disabilities, Caroline B. Ncube, Blake E. Reid, Desmond O. Oriakhogba
Beyond The Marrakesh Vip Treaty: Typology Of Copyright Access-Enabling Provisions For Persons With Disabilities, Caroline B. Ncube, Blake E. Reid, Desmond O. Oriakhogba
Publications
This paper builds upon the evidence drawn from a scoping study on access to copyright works by persons with disabilities. It identifies and discusses specific access‐enabling technologies for persons with aural, cognitive, physical, and visual disabilities and how they are affected by the exercise of exclusive rights. It shows how, and the extent to which states' ratification of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (Marrakesh Treaty) has enabled the making of accessible format of copyright works for persons with disabilities. To this end, the paper examines …
Human Rights Racism, Anna Spain Bradley
Human Rights Racism, Anna Spain Bradley
Publications
International human rights law seeks to eliminate racial discrimination in the world through treaties that bind and norms that transform. Yet law’s impact on eradicating racism has not matched its intent. Racism, in all of its forms, remains a massive cause of discrimination, indignity, and lack of equality for millions of people in the world today. This Article investigates why. Applying a critical race theory analysis of the legal history and doctrinal development of race and racism in international law, Professor Spain Bradley identifies law’s historical preference for framing legal protections around the concept of racial discrimination. She further exposes …
Sustainable Development: Energy, Justice, And Women, Lakshman Guruswamy
Sustainable Development: Energy, Justice, And Women, Lakshman Guruswamy
Publications
This article will first offer a functional synopsis relevant to its remit, of the concept of sustainable development (SD) embodied in international law and policy that reflects a tension between economic and social claims as contrasted with environmental protection. While the dominant place acquired by the economic and social dimensions of SD will be recognized, it will argue consistent with the predicate of justice discussed in the article, that the protection of the human environment encompasses the plight of the energy poor and their women and children. Second, the article will delineate the contours of one of the great developmental …
The Use Of Courts To Protect The Environmental Commons, Lakshman Guruswamy
The Use Of Courts To Protect The Environmental Commons, Lakshman Guruswamy
Publications
No abstract provided.
Book Review, Anna Spain Bradley
The Disruptive Neuroscience Of Judicial Choice, Anna Spain Bradley
The Disruptive Neuroscience Of Judicial Choice, Anna Spain Bradley
Publications
Scholars of judicial behavior overwhelmingly substantiate the historical presumption that most judges act impartially and independent most of the time. The reality of human behavior, however, says otherwise. Drawing upon untapped evidence from neuroscience, this Article provides a comprehensive evaluation of how bias, emotion, and empathy—all central to human decision-making—are inevitable in judicial choice. The Article offers three novel neuroscientific insights that explain why this inevitability is so. First, because human cognition associated with decision-making involves multiple, and often intersecting, neural regions and circuits, logic and reason are not separate from bias and emotion in the brain. Second, bias, emotion, …
Responsible Resource Development: A Strategic Plan To Consider Social And Cultural Impacts Of Tribal Extractive Industry Development, Carla F. Fredericks, Kate Finn, Erica Gajda, Jesse Heibel
Responsible Resource Development: A Strategic Plan To Consider Social And Cultural Impacts Of Tribal Extractive Industry Development, Carla F. Fredericks, Kate Finn, Erica Gajda, Jesse Heibel
Publications
This paper presents a strategic, solution-based plan as a companion to our recent article, Responsible Resource Development and Prevention of Sex Trafficking: Safeguarding Native Women and Children on the Fort Berthold Reservation, 40 Harv. J.L. Gender 1 (2017). As a second phase of our work to combat the issues of human trafficking and attendant drug abuse on the Mandan, Hidatsa and Arikara Nation (MHA Nation), we developed a strategic plan to better understand the time, scale, and capacity necessary to address the rising social problems accompanying the boom of oil and gas development there. During our process, we discovered, …
Book Review, Anna Spain Bradley
Operationalizing Free, Prior, And Informed Consent, Carla F. Fredericks
Operationalizing Free, Prior, And Informed Consent, Carla F. Fredericks
Publications
The UN Declaration on the Rights of Indigenous Peoples (UNDRIP) has acknowledged varying ways in which international actors can protect, respect and remedy the rights of indigenous peoples. One of these methods is the concept of free, prior and informed consent (FPIC) as described in Articles 10, 19, 28 and 29. There has been much debate in the international community over the legal status of the UNDRIP, and member states have done little to implement it. In applied contexts, many entities like extractive industries and conservation groups are aware of risks inherent in not soliciting FPIC and have endeavored to …
Slides: Data Sharing And River Basin Modelling: From The Colorado To The Nile, Kevin Wheeler
Slides: Data Sharing And River Basin Modelling: From The Colorado To The Nile, Kevin Wheeler
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Kevin Wheeler, University of Oxford
29 slides
Slides: Water Allocation And Water Markets In Spain, Nuria Hernández-Mora
Slides: Water Allocation And Water Markets In Spain, Nuria Hernández-Mora
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Nuria Hernández Mora, Universidad de Sevilla, Spain
22 slides
Slides: Drought In Federations: The Rio Grande, Adrian Oglesby
Slides: Drought In Federations: The Rio Grande, Adrian Oglesby
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Adrian Oglesby, Director, Utton Transboundary Resources Center, University of New Mexico School of Law
4 slides
Slides: The Colorado River Basin, Larry Macdonnell
Slides: The Colorado River Basin, Larry Macdonnell
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Larry MacDonnell, Senior Fellow, Getches-Wilkinson Center, University of Colorado
17 slides
Slides: The Columbia River Basin, Barbara Cosens
Slides: The Columbia River Basin, Barbara Cosens
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Barbara Cosens, Professor and Associate Dean of Faculty, University of Idaho College of Law, Waters of the West Interdisciplinary Program
16 slides
Agenda: Coping With Water Scarcity In River Basins Worldwide: Lessons Learned From Shared Experiences, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Agenda: Coping With Water Scarcity In River Basins Worldwide: Lessons Learned From Shared Experiences, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Water scarcity is increasingly dominating headlines throughout the world. In the southwestern USA, the looming water shortages on the Colorado River system and the unprecedented drought in California are garnering the greatest attention. Similar stories of scarcity and crisis can be found across the globe, suggesting an opportunity for sharing lessons and innovations. For example, the Colorado River and Australia's Murray-Darling Basin likely can share many lessons, as both systems were over-allocated, feature multiple jurisdictions, face similar climatic risks and drought stresses, and struggle to balance human demands with environmental needs. In this conference we cast our net broadly, exploring …
Slides: Indigenous Water Justice Symposium, Jason Robison
Slides: Indigenous Water Justice Symposium, Jason Robison
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Jason Robison, Assistant Professor of Law, University of Wyoming
11 slides
Agenda: Indigenous Water Justice Symposium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Agenda: Indigenous Water Justice Symposium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Indigenous Water Justice Symposium (June 6)
Indigenous peoples throughout the world face diverse and often formidable challenges of what might be termed “water justice.” On one hand, these challenges involve issues of distributional justice that concern Indigenous communities’ relative abilities to access and use water for self-determined purposes. On the other hand, issues of procedural justice are frequently associated with water allocation and management, encompassing fundamental matters like representation within governance entities and participation in decision-making processes. Yet another realm of water justice in which disputes are commonplace relates to the persistence of, and respect afforded to, Indigenous communities’ cultural traditions and values surrounding water—more specifically, …
International Legal Structuralism: A Primer, Justin Desautels-Stein
International Legal Structuralism: A Primer, Justin Desautels-Stein
Publications
International legal structuralism arrived on the shores of international thought in the 1980s. The arrival was not well-received, perhaps in part, because it was not well-understood. This essay aims to reintroduce legal structuralism and hopefully pave the way for new, and more positive, receptions and understandings. This reintroduction is organized around two claims regarding the broader encounter between international lawyers and critical theory in the ‘80s. The first was a jurisprudential claim about how the critics sought to show how international law was nothing more than a continuation of international politics by other means. The second was a historical claim …
Introduction To Model Laws On Lighting, Lakshman Guruswamy
Introduction To Model Laws On Lighting, Lakshman Guruswamy
Publications
No abstract provided.
Model Law On Lighting For Developing Countries, Lakshman Guruswamy, Audrey M. Huang, Mahir Haque, Ugyen Tshering
Model Law On Lighting For Developing Countries, Lakshman Guruswamy, Audrey M. Huang, Mahir Haque, Ugyen Tshering
Publications
No abstract provided.