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Full-Text Articles in Law

Protection, Not Protectionism: Multilateral Environmental Agreements And The Gatt, Betsy Baker Oct 1993

Protection, Not Protectionism: Multilateral Environmental Agreements And The Gatt, Betsy Baker

Vanderbilt Journal of Transnational Law

In this Article, Dean Baker examines the compatibility of multilateral environmental agreements with the provisions of the General Agreement on Tariffs and Trade (GATT). The author discusses the key provisions of the Basel Convention on the Control of Transboundary Movements of Hazardous Waste, the Montreal Protocol on Substances that Deplete the Ozone Layer, the United Nations Framework Convention on Climate Change, and the GATT. The author then reviews the conflict between unilateral environmental protection and open and free trade under the GATT. The author concludes the collective interests represented by international environmental agreements, and the agreements themselves, should provide a …


The Earth As Eggshell Victim: A Global Perspective On Domestic Regulation, Alfred C. Aman Jan 1993

The Earth As Eggshell Victim: A Global Perspective On Domestic Regulation, Alfred C. Aman

Articles by Maurer Faculty

In the now famous case of Vosburg v. Putney, the Wisconsin Court enunciated the common law doctrine since known as the "eggshell skull" or "thin skull" rule: you take your victim as you find him. The thin skull rule is a productive starting point for a dialogue on the place of law in any effort to control (or reverse) the cumulative damage to the planet's ecosystem. Any such dialogue requires a global perspective that fuses international and domestic approaches to law. Environmental law must assess not only the level of assault against the earth, but also the risk of the …