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Promoting Political Rights To Protect The Environment, Michael J. Kane Jan 1993

Promoting Political Rights To Protect The Environment, Michael J. Kane

Yale Journal of International Law

Worldwide efforts to protect the environment and the international struggle for human rights have much in common. Both movements have deep societal roots and have received increasing political support since World War II. The modern human rights movement began in 1948 when the U.N. General Assembly passed the Universal Declaration of Human Rights. The modern environmental movement began shortly thereafter, when scientific and public awareness of the effects of economic development on the biosphere increased substantially. Although these movements have developed independently since the war, they are beginning to intertwine in ways that should prove mutually beneficial.


Rousing The Sleeping Dog: The Validity Exception To The Convention On Contracts For The International Sale Of Goods, Helen Elizabeth Hartnell Jan 1993

Rousing The Sleeping Dog: The Validity Exception To The Convention On Contracts For The International Sale Of Goods, Helen Elizabeth Hartnell

Yale Journal of International Law

Since January 1, 1988, any contract for the sale of goods between a U.S. trader and a buyer or seller from one of a growing list of foreign countries may be subject to an international legal regime founded on the U.N. Convention on Contracts for the International Sale of Goods [CISG or Convention]. The CISG automatically governs all contracts falling within its scope unless the parties have agreed that another set of rules, such as the law of a domestic jurisdiction, shall govern their relationship instead of the CISG. Therefore, the provisions of the Convention generally displace article ...


Procedural Justice And International Human Rights: Towards A Procedural Jurisprudence For Human Rights Tribunals, Gates Garrity-Rokous, Raymond H. Brescia Jan 1993

Procedural Justice And International Human Rights: Towards A Procedural Jurisprudence For Human Rights Tribunals, Gates Garrity-Rokous, Raymond H. Brescia

Yale Journal of International Law

Regional human rights systems have become a principal means by which the international community attempts to promote human rights. The conventions on which they are based enunciate aspirational norms to encourage the evolution of human rights protection and to supply human rights tribunals with a set of minimum standards. These systems' effectiveness, however, depends upon member states' consent to the jurisdiction of the systems' tribunals. While negative publicity may influence a state to comply with an adverse judgment, a human rights court or commission can exert pressure on a state only at the risk of jeopardizing that state's voluntary ...


Contents Jan 1993

Contents

Yale Journal of International Law

No abstract provided.


Legal Decision-Making During The Palestinian Intifada: Embryonic Self-Rule, Adrien Katherine Wing Jan 1993

Legal Decision-Making During The Palestinian Intifada: Embryonic Self-Rule, Adrien Katherine Wing

Yale Journal of International Law

The Palestinian uprising known as the intifada is now in its fifth year. Intifada, from the Arabic verb "to shake," connotes an attempt to shake off twenty-five years of Israeli occupation. During the intifada considerable world attention has focused on the image of keffiyah-clad youth who throw stones in the Occupied Territories (the West Bank and Gaza). Due to this focus, some commentators have characterized the intifada as an uncoordinated reign of terror on a hapless population. Others, including this author, see rather the beginnings of de facto Palestinian autonomy and embryonic selfrule.


Wer Sind Wir Wieder? Laws Of Asylum, Immigration, And Citizenship In The Struggle For The Soul Of The New Germany, Daniel Kanstroom Jan 1993

Wer Sind Wir Wieder? Laws Of Asylum, Immigration, And Citizenship In The Struggle For The Soul Of The New Germany, Daniel Kanstroom

Yale Journal of International Law

Old ghosts linger in the shadows of the new Germany. Nearly half a century after the fall of the Third Reich, amidst the celebration of German re-unification and a chorus of wir sind wieder wer, a resurgence of xenophobia has become a central German political dilemma. Asylum-seekers and, more generally, other "foreigners," have become the targets of a growing number of physical attacks. More than 2400 such assaults were reported in 1991, including dozens of cases of arson that resulted in severe injuries and deaths. Some 2200 attacks were reported through the first nine months of 1992.


Symposium Overview, Audrey R. Chapman Jan 1993

Symposium Overview, Audrey R. Chapman

Yale Journal of International Law

When former Soviet President Mikhail Gorbachev waited nineteen days before issuing a statement about the Chernobyl disaster, he made a decision that condemned tens of thousands of citizens to certain death. Although "merely" a decision not to provide information, it constituted a flagrant violation of the most basic of human rights. An abuse of a somewhat different nature occurred in India when the government developed the Sardar Sarovar dam and irrigation projects. In failing to appraise the environmental impact or resettlement needs that the projects would create, the Indian government ignored the inevitable consequences of displacing thousands of people from ...


Keynote Address Human Rights And The Environment: Common Ground, Kerry Kennedy Cuomo Jan 1993

Keynote Address Human Rights And The Environment: Common Ground, Kerry Kennedy Cuomo

Yale Journal of International Law

I want to thank Guido Calibresi, Jacki Hamilton, Jacob Scherr, and the American Association for the Advancement of Science for inviting me to Yale today, and I want to thank all of you for coming.

As an international human rights attorney, I have focused my efforts on individuals who, in their pursuit of human rights, have stood up to government oppression at great personal risk. Many of these individuals have been imprisoned, tortured, or killed for their political beliefs. Untold numbers of journalists have been silenced, lawyers jailed, scientists stifled, and trade unionists crushed. What all of these brave individuals ...


The Case For Biotic Rights, James A. Nash Jan 1993

The Case For Biotic Rights, James A. Nash

Yale Journal of International Law

Few subjects have generated more moral confusion, and sometimes nonsense, than that of the "rights of nature." Confusion exists in the claims of proponents and opponents, in theological and philosophical ethics, and in the arguments of animal rights advocates and unrepentant anthropocentrists. Significant contributions to the rights debate have, of course, come from all points on the spectrum. However, misconceptions and absurdities have prejudiced the debate. Each contributor to the debate has probably contributed his fair share to the confusion. Even so, the question of the rights of nature cannot be summarily dismissed as the morally irrelevant ponderings of persons ...


Rights And Responsibilities On The Home Planet, Holmes Rolston Iii Jan 1993

Rights And Responsibilities On The Home Planet, Holmes Rolston Iii

Yale Journal of International Law

Throughout most of this century, we have worried that we would destroy ourselves in interhuman conflict. Fortunately, that fear has subsided. Unfortunately, it is rapidly being replaced by a new one. In the upcoming century, we will worry that we may destroy our planet and ourselves with it. We are approaching a new millennium. The challenge of the current millennium has been to pass from the medieval to the modern world, building modern cultures and nations in an explosion of technological development. The challenge of the next millennium will be to contain those cultures within the carrying capacity of the ...


The Human Right To A Safe Environment: Philosophical Perspectives On Its Scope And Justification, James W. Nickel Jan 1993

The Human Right To A Safe Environment: Philosophical Perspectives On Its Scope And Justification, James W. Nickel

Yale Journal of International Law

In the last twenty-five years, environmentalists have sought recognition for the right to a safe environment (RSE) in national and international fora. As a result, some countries have recognized RSE in their constitutions. Nevertheless, much skepticism exists about whether RSE is a genuine human right, and advocates of RSE still need to persuade critics that this right merits national and international recognition. This paper presents a normative defense of RSE. It argues that a right to a safe environment - defined narrowly - is a genuine human right because it passes appropriate justificatory tests. Part I defends the modest use of the ...


Protecting Ecological Integrity: An Urgent Societal Goal, James R. Karr Jan 1993

Protecting Ecological Integrity: An Urgent Societal Goal, James R. Karr

Yale Journal of International Law

Unbridled population growth and technological expansion threaten the integrity of the biosphere and, thus, our welfare. The threat is not new. Human history documents numerous civilizations that developed and prospered by exploiting natural resources. Their populations grew until the resource base could no longer support them; eventually, those civilizations fell. The mysterious collapse of the Easter Island society, for example, has been traced to "environmental degradation brought on by deforestation. " Populations less geographically constrained than Easter Island's have often delayed the inevitable by expanding to other regions. Today, however, environmental degradation is global in scope and exploitable frontiers no ...


The Ceres Principles: A Voluntary Code For Corporate Environmental Responsibility, J. Andy Smith Iii Jan 1993

The Ceres Principles: A Voluntary Code For Corporate Environmental Responsibility, J. Andy Smith Iii

Yale Journal of International Law

On March 24, 1989, the Exxon Valdez struck a reef in Alaska's Prince William Sound. Eleven million gallons of oil flowed into waters where salmon thrived and polluted rocky shores where bald eagles fed. The black slime fouled more than one thousand miles of coastline. Over ninety thousand birds, including at least one hundred bald eagles, and between one and twenty thousand sea otters were killed. A year later, losses to other species ranging from whales to deer were still being studied. Exxon's cleanup project suddenly became the mainstay of small fishing villages. The wild paradise of Alaska ...


Race And Environmental Justice In The United States, Robert D. Bullard Jan 1993

Race And Environmental Justice In The United States, Robert D. Bullard

Yale Journal of International Law

No segment of American society should have a monopoly on a clean environment. Nevertheless, some communities are forced to bear the brunt of this nation's pollution problem. Industrial toxins, polluted air and drinking water, and the siting of municipal landfills, lead smelters, incinerators, and hazardous waste facilities have had a disproportionate impact upon people of color, working class communities, and the poor.


Legal Strategies For Achieving Environmental Equity, Samara F. Swanston Jan 1993

Legal Strategies For Achieving Environmental Equity, Samara F. Swanston

Yale Journal of International Law

Recent studies have shown that minorities are disproportionately exposed to pollutants and contaminants, including carcinogens, because unsafe land uses are sited more frequently in or near minority neighborhoods than in or near white neighborhoods. The Commission for Racial Justice has identified the racial composition of a community as the single most significant predictor of the location of commercial hazardous waste facilities. Given that hazardous waste sites pose serious human health risks, minority communities face greater health threats from environmental factors than do white communities. Without question, the risk to human health is greatest among: (1) individuals who live in urban ...


Indian Rights And The Environment, Armstrong Wiggins Jan 1993

Indian Rights And The Environment, Armstrong Wiggins

Yale Journal of International Law

As millions of dollars poured into environmental organizations during the past decade, hundreds of activists headed for Central and South America to save threatened animals and to preserve the rain forests. Some activists arrived with naive and romantic notions about virgin forests. They had failed to accept the fact that the forests were already occupied, used, and "developed" by Indians. The environmentalists soon met and were sometimes confronted by Indian tribes and nations asserting their ownership of the same forests, lands, and resources that the environmentalists sought to protect.


International Legal Protection For Victims Of Environmental Abuse, Michelle Leighton Schwartz Jan 1993

International Legal Protection For Victims Of Environmental Abuse, Michelle Leighton Schwartz

Yale Journal of International Law

Environmental disasters are increasing. They often result from human activities, such as the disposal of toxic chemicals, the generation of power, and the exploitation of oil. Mismanagement of natural resources has caused severe watershed erosion, desertification, and atmospheric pollution, which, in turn, have seriously impaired human life. Although the human suffering associated with environmental destruction is growing, international and regional human rights organizations and institutions have yet to clarify the obligation of governments to protect and provide remedies for these victims. This paper seeks to inspire such clarification and suggests legal and institutional reforms toward that end.


Peacemaking, W. Michael Reisman Jan 1993

Peacemaking, W. Michael Reisman

Yale Journal of International Law

Why, we all ask, does the world community permit the carnage in Somalia or in Bosnia to go on and on? Why doesn't the United Nations (or anyone, for that matter) just go in there, knock some heads together and make peace? Not peace-keeping, but real peacemaking. Peace-keeping is fine as a stop-gap measure that suspends the violence and permits peace to be established. However, the U.N. peace-keeping operation in Cyprus has gone on for twenty-eight years, with no end in sight. The desired end-state is not peacekeeping but peace. Why doesn't an organization concerned with world ...


United States Policy On United Nations Peace-Keeping Operations, Theodore C. Sorensen Jan 1993

United States Policy On United Nations Peace-Keeping Operations, Theodore C. Sorensen

Yale Journal of International Law

On June 17, 1992, U.N. Secretary-General Boutrous-Ghali called for member states to make forces available for U.N. peace-keeping operations. The United States should accept this invitation and prepare to contribute troops to operations sanctioned by the Security Council for four reasons.

First, even as the world becomes a smaller place, it remains a dangerous place. Regional wars, ethnic and border conflicts, and terrorist states continue to threaten U.S. tourists, investments, trade, and embassies. Moreover, if such conflicts are not prevented or promptly ended, the United States ultimately will incur tremendous costs as we fund relief operations and ...


The Role Of The Great Powers In United Nations Peace-Keeping, Lori Fisler Damrosch Jan 1993

The Role Of The Great Powers In United Nations Peace-Keeping, Lori Fisler Damrosch

Yale Journal of International Law

Over the past forty-five years, international peace-keeping has developed two principal operational models: the small power model and the big power model. The small power model accounts for virtually all U.N. peace-keeping efforts over more than four decades. However, the big power model is becoming increasingly important to a world which is demanding both symbolism and substance from the United Nations.


United Nations Peace-Keeping, Edward J. Perkins Jan 1993

United Nations Peace-Keeping, Edward J. Perkins

Yale Journal of International Law

For many years, what we now call classic "peace-keeping" stood out as one of the great and imaginative contributions of the United Nations. The scope and process of peace-keeping have evolved over time, as the institution of peace-keeping has developed and as international conditions have changed. The award of the 1988 Nobel Peace Prize to the U.N. Peace-Keeping Forces reflects the magnitude and increasing success of the United Nations ongoing contributions.


Noteworthy New Titles Jan 1993

Noteworthy New Titles

Yale Journal of International Law

No abstract provided.


Contents Jan 1993

Contents

Yale Journal of International Law

No abstract provided.


The United Nations Framework Convention On Climate Change: A Commentary, Daniel Bodansky Jan 1993

The United Nations Framework Convention On Climate Change: A Commentary, Daniel Bodansky

Yale Journal of International Law

Each year, mankind injects approximately six billion tons of carbon into the atmosphere from the burning of fossil fuels, as well as a substantial (although still uncertain) amount from deforestation. Since the advent of the industrial revolution, atmospheric concentrations of carbon dioxide have risen by more than twenty-five percent, from 280 to more than 350 parts per million (ppm). Scientists estimate that if current patterns of emissions continue unchecked, the increasing concentrations of carbon dioxide, together with parallel increases in other trace gases such as methane and nitrous oxide, will cause an average global warming in the range of 0 ...


Politics As Usual: The History Of European Community Merger Control, Ethan Schwartz Jan 1993

Politics As Usual: The History Of European Community Merger Control, Ethan Schwartz

Yale Journal of International Law

In 1986, the European Community's twelve member states revived the long moribund dream of creating a single market, pledging to finalize its design by January 1, 1993. The apparent premise of the project was economically liberal: only an integrated market encompassing over 320 million people could offer EC firms the economies of scale needed to reduce inefficiencies and compete effectively with Japanese and American firms. Experts commissioned by the European Community offered various predictions of the expected benefits from such a market. The most influential of these predictions, the Cecchini report of 1988, predicted savings of between 174 million ...


Drawing Lines In The Sea, Bernard H. Oxrnan Jan 1993

Drawing Lines In The Sea, Bernard H. Oxrnan

Yale Journal of International Law

STRAIGHT BASELINES IN INTERNATIONAL MARITIME BOUNDARY DELIMITATION. By W. Michael Reisman and Gayl S. Westerman. New York: St. Martin's Press, 1992. Pp. xvi, 242.

Few natural scientists or social scientists, question the importance of baselines. Baselines are a point of departure, a reference with respect to which we determine what has happened for descriptive purposes, what is likely to happen for predictive purposes, and what is permitted to happen for normative purposes. The normative importance of baselines is particularly apparent in the law. The effect of the most determinate rule can be rendered uncertain if its application is dependent ...


Noteworthy New Titles Jan 1993

Noteworthy New Titles

Yale Journal of International Law

No abstract provided.


Commercial Solid And Hazardous Waste Disposal Projects On Indian Lands, Jana L. Walker, Kevin Gover Jan 1993

Commercial Solid And Hazardous Waste Disposal Projects On Indian Lands, Jana L. Walker, Kevin Gover

Yale Journal on Regulation

Recently, the media has created a steady drumbeat of misinformed stories claiming that Indian tribes and reservations alone have been targeted by waste companies, and that the waste industry is marauding unchecked in Indian country immune from any environmental regulation. This article analyzes the controversial issue of using Indian reservations as sites for commercial solid and hazardous waste facilities and provides a model for planning, developing, and regulating commercial waste projects on Indian lands. The article concludes that, under certain circumstances, and with an adequate regulatory program, a waste disposal project may be a viable and appropriate form of industrial ...


The Energy Policy Act Of 1992- A Watershed For Competition In The Wholesale Power Market, Jeffrey D. Watkiss, Douglas W. Smith Jan 1993

The Energy Policy Act Of 1992- A Watershed For Competition In The Wholesale Power Market, Jeffrey D. Watkiss, Douglas W. Smith

Yale Journal on Regulation

Recent trends in the electricity generation market have spawned interest in substituting competition for traditional regulatory controls. To this end, Congress adopted regulatory reforms in the Energy Policy Act of 1992 aimed at stimulating competition in electricity generation. Most notably, the new legislation authorizes federal regulators to open transmission lines to competing generators of electric power. In addition, the Act frees a class of wholesale power generators from burdensome holding company regulation.I n this Article, Messrs. Watkiss and Smith analyze the procompetitive reforms in the 1992 Act, and attempt to predict their impact on the electric utility industry. In ...


Contents Jan 1993

Contents

Yale Journal on Regulation

No abstract provided.