Law Commons^™

The Role Of Multilateral Finance And The Environment: A View From The World Bank, Andrew Steer, Jocelyn Mason

Indiana Journal of Global Legal Studies

Dr. Steer and Mr. Mason begin by noting that since fundingfor

the Rio Earth Summit agreements has not been forthcoming,

multilateralfinanciailn stitutions (MFIs) have taken responsibilityf or

advancing the environmental agenda set forth at the Summit. Dr.

Steer and Mr. Mason note that MFIs furnish three crucial functions

in implementing the global environmental agenda. First, MFIs are

able to target investments in developing countries that involve

important environmental issues. Second, MFIs are able to support

policy reforms within developing countries to ensure environmental

standards and issues are properly addressed. Finally, MFIs can

multiply a small amount offunding into a significant …

International Law, Industrial Location, And Pollution, Duane Chapman, Jean Agras, Vivek Suri

Indiana Journal of Global Legal Studies

The dominant position of economists on trade and environment is that

increasing trade raises living standards, which provide the economic

basis for reduced pollution. Professors Chapman, Agras, and Suri

present a perspective that raises very different points. First, the dramatic

growth of manufacturing in East Asia for global markets is

based entirely (or nearly so) on the importation of processed

pollution-intensive raw materials. For a typical product in this global

system, a U.S. consumer purchasing an Asian product made from

imported resources benefits from a lower price and a cleaner local

environment; however, energy use and pollution associated with the …

Environmental Standards Within Nafta: Difference By Design And The Retreat From Harmonization, Jeffrey Atik

Indiana Journal of Global Legal Studies

Professor Atik argues that NAFTA, in legitimating regulatory differences among the NAFTA parties, represents a repudiation of standard harmonization. He states that while NAFTA and its environmental side agreement "have been described as the 'greenest' trade agreement to date," it marks a significant retreatfrom efforts to harmonize global environmental standards. This rejection is a product of "ajealous retention of sovereignty" by the NAFTA parties, as well as the careful maintenance of the parties' distinct production roles and specialities. Thus, Professor Atik argues that a convergence of standards will likely remain elusive within NAFTA. Both highstandard and low-standard parties may prefer …

Customary (And Not So Customary) International Environmental Law, Daniel Bodansky

Indiana Journal of Global Legal Studies

In this article, Professor Bodansky examines the creation and importance of customary international law. He suggests that the debate over the legal status of any given norm may be misplaced Instead, he suggests that international lawmakers should spend their time and energy incorporating norms, regardless of their true status, into "concrete treaties and actions." The author begins his discussion by providing a working definition of customary international law. He asserts that such law can be based not just on uniformities of state behavior, as is traditionally held, but also on regularities in behavior. Thus, customary international law can be formed …

The Puzzling Relationship Between Trade And Environment: Nafta, Competitiveness, And The Pursuit Of Environmental Welfare Objectives, Ileana M. Porras

Indiana Journal of Global Legal Studies

The North American Free Trade Agreement (NAFTA) is often claimed to be a "promising beginning" for the reconciliation of trade and environment. Professor Porras, however, suggests that the form that "reconciliation" takes in NAFTA is extremely problematic. Harmonization of standards to facilitate the free flow of trade is a familiar trade goal. NAFTA's provisions regarding environmental standards, however, are not a straightforward requirement to harmonize standards. Rather, NAFTA recognizes state autonomy in standard setting, on the one hand, while requiring a form of upward harmonization, on the other. According to Professor Porras, the result of such an arrangement is the …

Introduction: International Environmental Law And Agencies: The Next Generation Symposium, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

Institutional Aspects Of International Governance, Elisabeth Zoller

Indiana Journal of Global Legal Studies

Professor Elisabeth Zoller discusses the domain and the methods of internationalg overnance. In PartI , she addresses the notion of the "international community." Professor Zoller argues that the international community is not really a community at all, but several "intertangled communities" with common interests. These common interests emerged as a result of several worldwide events, such as World War I and the Great Depression. The author asserts that common interests among nation states and priority setting are the two prerequisites necessary for international governance. In Part II, the authore xamines the methods of internationalg overnance, beginning with the proposition that …

Regional Environmental Law In The Americas: Assessing The Contractual Environment, Donna Lee Van Cott

University of Miami Inter-American Law Review

No abstract provided.

Unclos Iii: Pollution Control In The Exclusive Economic Zone, Amy Degeneres Berret

Louisiana Law Review

No abstract provided.

The Efficacy Of International Environmental Law: A Personal Reflection, Francis D. P. Situma

ILSA Journal of International & Comparative Law

Chapter 38 of the Agenda 21' adopted by the United Nations Conference on Environment and Development at Rio de Janeiro in June 1992 emphasizes the need for an enhanced and strengthened role of the United Nations Environment Programme (UNEP) in the further development of international environmental law.

Exporting Environmentalism: Thoughts On The Use Of Market Power To Improve The Environment In The Free Trade Era, Joshua R. Floum

Santa Clara Law Review

No abstract provided.

International Environmental Law: Boundaries, Landmarks, And Realities, Lakshman Guruswamy

Publications

No abstract provided.

Symposium: Nafta And Gatt: The Impact Of International Treaties: Introduction, Mark J. Spaulding

Santa Clara Law Review

No abstract provided.

Transparency Of Enivronmental Regulation And Public Participation In The Resolution Of International Environmental Disputes, Mark J. Spaulding

Santa Clara Law Review

No abstract provided.

Environmental Reform Priorities For The World Trading System, Justin R. Ward

Santa Clara Law Review

No abstract provided.