Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Cachet Not Cash: Another Sort Of World Bank Group Borrowing, Natasha Affolder
Cachet Not Cash: Another Sort Of World Bank Group Borrowing, Natasha Affolder
All Faculty Publications
This article explores the extent to which the World Bank's Environmental and Social Guidelines now serve as standards of acceptable global environmental and social behavior for transnational corporations. Although the World Bank Standards were not created for the purpose of providing global rules for business on social and environmental issues, they are frequently cited as de facto global standards. This article reveals the unlikely rise in prominence of these standards and the widespread adoption of these rules by corporations, public and private financial institutions, governments, and export credit agencies. This example of private borrowing of public standards is intriguing not …
Domesticating The Exotic Species: International Biodiversity Law In Canada, Natasha Affolder
Domesticating The Exotic Species: International Biodiversity Law In Canada, Natasha Affolder
All Faculty Publications
While a significant body of international and regional agreements now addresses habitat preservation, wildlife protection, and biological diversity, these advances on the international level often fail to be effectively translated into domestic law. In this article, the author argues that international biodiversity law is being treated in Canada as "exotic". It is peppered into parties' submissions without a principled explanation of its role in Canadian law, receives little consideration from the courts, and must ultimately rely on non-legal means of enforcement. The author examines the jurisprudence dealing with four major biodiversity treaties. She notes that the judicial treatment of these …
China And The Human Right To Health: Selective Adaptation And Treaty Compliance, Pitman B. Potter
China And The Human Right To Health: Selective Adaptation And Treaty Compliance, Pitman B. Potter
All Faculty Publications
The international community has devoted considerable energy to dialogue and exchanges with China on issues of treaty compliance in areas of trade and human rights, and while many improvements are evident in China’s legal regimes for trade and human rights, problems remain. Further, academic and policy discourses on China’s trade and human rights policy and practice are all too often conflicted by normative differences and illusions about them. The paradigm of “selective adaptation” offers a potential solution by examining compliance with international trade and human rights treaties by reference to the interplay between normative systems associated with international rule regimes …