Law Commons^™

From Stockholm To Kyoto And Back To The United States: International Environmental Law's Effect On Domestic Law, Joel B. Eisen

Law Faculty Publications

In Part I, I begin my discussion of the relationship between the two legal regimes with a brief introduction to modern international environmental law to assist those whose knowledge is as limited as mine was not too long ago. I also describe how the Allen Chair Symposium and seminar series was designed to facilitate exploration of major trends in international environmental law. Part II provides a more in-depth look at the specific relationship between domestic and international environmental law. I conclude that international environmental law informs domestic law as a wellspring of law leading to domestic innovation, a complement to …

From Rio To Kyoto: A Study Of The Involvement Of Non-Governmental Organizations In The Negotiations On Climate Change, Chiara Giorgetti

Law Faculty Publications

This Article analyzes the influence of non-governmental actors on the negotiations of the Framework Convention on Climate Change (FCCC or the Convention). In particular, it evaluates the methods employed by NGOs in furthering their substantive agendas, the interaction among various non-governmental actors, and the results of their efforts. This Article considers two kinds of NGOs: business and environmental. Environmental NGOs (ENGOs) are the self-defined representatives of environmental interests. They campaign for the strict reduction of all gases that induce climate change. On the other side, business NGOs (BNGOs) typically represent the interests of those industries that are involved in the …

The Role Of Nongovernmental Organizations In The Climate Change Negotiations, Chiara Giorgetti

Law Faculty Publications

The role of nongovernmental organizations (NGOs) in monitoring the implementation of international treaties, their relevance in the organization of development projects, and their importance in the representation and education of civil society has been acknowledged and valued by both international organizations and national governments. Nongovernmental actors also play an important role in the negotiations of international agreements. Moreover, many UN agencies work closely with NGOs. NGOs have played an important part in numerous environmental conventions, and their role is becoming more clearly defined. The presence of NGOs has also been instrumental in the evolution and development of many international environmental …

Subsidiarity And/Or Human Rights, Daniel T. Murphy

Law Faculty Publications

The post-Maastricht world of the European Union is only about two years old. Within that new world, however, few concepts are as important, and yet as elusive or unsettled, as the doctrine of subsidiarity. On the other hand, the European Community has for many years evidenced concern over human rights. The purpose of this essay is to consider the implications of the concept of subsidiarity for human rights law and enforcement within the European Community and the European Union.

The European Rate Mechanism: It Continues To Function, But ...., Daniel T. Murphy

Law Faculty Publications

The recession from which the United States is just emerging, and in which much of the rest of the industrialized world is still mired, differs from many others preceding it. In part this is so here because some of the classic nostrums appear ineffective. For some time, interest rates in the United States have been at their lowest level in decades. Yet the low interest rates do not appear to be producing the usual effect of spurring capital investment and economic growth as rapidly as might be expected.

One reason that they have not produced the usual rate of growth …

Poison Gas Proliferation: Paradox, Politics, And Law, John Paul Jones

Law Faculty Publications

After the outbreak of the 1991 Gulf War, Israeli civilians within the range of Iraqi SCUD missiles and allied troops in Operation Desert Storm braced themselves for a chemical weapons attack. Despite experts' assessments that Iraq possessed enough chemical weapons to mount a devastating attack, and Iraqi leader Saddam Hussein's threats to use those weapons,3 the fighting ended without a chemical attack. President Bush's veto and the Iraqis' restraint represent just two of the many paradoxes surrounding the proliferation of the "poor man's atom-bomb." This Article analyzes a series of paradoxes emanating from President Bush's campaign against chemical weapons.

Part …

European Political Cooperation After The Single European Act: The Future Of Foreign Affairs In The European Communities, Daniel T. Murphy

Law Faculty Publications

The Single European Act (SEA) consists of two ostensibly unrelated sets of provisions, both of which are intended to contribute to unification among members of the European Communities. Perhaps the major, and most widely publicized, provisions of the SEA consist of amendments to the Treaty of Rome (EEC Treaty). The remaining provisions of the SEA, predominately title III, formalize the system of European Political Cooperation (EPC) within the member states.

Although not widely written about, or perhaps appreciated in this country, EPC has become an efficient system for coordinating foreign affairs positions within the European Economic Community (EPC). The EEC …

Moderating Antitrust Subject Matter Jurisdiction: The Foreign Trade Antitrust Improvements Act And The Restatement Of Foreign Relations Law (Revised), Daniel T. Murphy

Law Faculty Publications

Within the last several years two approaches have been taken to tempering the extraterritorial application of the United States antitrust laws. In October 1982 the Foreign Trade Antitrust Improvements Act of 1982 (the "FTAIA") was signed into law. In addition, for the past four years the American Law Institute has been engaged in an effort to revise thoroughly the Restatement of Foreign Relations Law of the United States. It is expected that this effort will culminate in May 1986 with the promulgation of the Restatement of Foreign Relations Law of the United States (Revised) (the "Restatement (Revised)"). These two efforts …

The System Of European Political Cooperation: A Brief Explanation, Daniel T. Murphy

Law Faculty Publications

Although the European Economic Communities more frequently are taking what appear to be institutional positions on foreign policy and political issues of grave concern to the world community, it is not inappropriate for them to do so. The longterm goals of the Communities in part are political, as expressed in the Treaty of Rome. In the preamble to the Treaty the signatories state that they are "[d]etermined to lay the foundations of an even closer union among the European peoples." Article 2 provides, in part, that one of the tasks of the Common Market is to promote "closer relations between …

The American Doctrine Of Sovereign Immunity: An Historical Analysis, Daniel T. Murphy

Law Faculty Publications

Although more than one hundred and fifty years old, the case vivifying the concept of sovereign immunity, The Schooner Exchange v. M cFaddon, is still repeatedly referred to in judicial opinions. Significantly, it is cited not for purposes of distinction or historical perspective, but rather, is employed as a present underpinning for sovereign immunity, even though the political and social circumstances of today differ considerably from those existing in 1812.

Subsequent cases, however, while often justifying the conclusions reached by references to Marshall's discussion in The Schooner Exchange, have intertwined into the concept of sovereign immunity notions distinct from Chief …