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Intergenerational Equity, Dinah L. Shelton
Intergenerational Equity, Dinah L. Shelton
GW Law Faculty Publications & Other Works
This essay analyzes the legal meaning of “intergenerational equity” and evaluates the practical implementation of the concept. The essay begins by considering the meaning of the two terms in the phrase: “intergenerational” and “equity.” It then looks at the various rationales given for concern with this topic and how they link to the topic of solidarity, followed by an overview of some of the main subject areas in which the issue of intergenerational equity arises. It proceeds to assess the status of intergenerational equity in international law and to identify various principles associated with the concept. Finally, it turns to …
Book Review Of Alan Boyle And Christine Chinkin, The Making Of International Law, Oxford University Press, 2007, Sean D. Murphy
Book Review Of Alan Boyle And Christine Chinkin, The Making Of International Law, Oxford University Press, 2007, Sean D. Murphy
GW Law Faculty Publications & Other Works
Abstract:
An Extraordinary Range of International "Rules" or "Norms" are Created Today Through Mechanisms that Do Not Fit Easily into the Traditional Sources of International Law. In the Making of International Law, Professors Alan Boyle of the University of Edinburgh and Christine Chinkin of the London School of Economics Set Their Sights on Providing a Broad Account of Such Law-Making, Looking Across Different Areas of Organizational Behavior, Both Governmental and Non-Governmental. Although this Volume Has Some Shortcomings, it is an Excellent Starting Point for Those Interested in an Engaging and Informed Survey of Various Ways in Which International Law is …
Bespoke Custom, Edward T. Swaine
Bespoke Custom, Edward T. Swaine
GW Law Faculty Publications & Other Works
Curtis Bradley and Mitu Gulati’s stimulating article, “Withdrawing from International Custom,” argues for a view of customary international law (CIL) in which unilateral exit rights may be revitalized. This response suggests that Bradley and Gulati’s understanding of the intellectual history of CIL is contestable and that, they tend both to understate the novelty of their approach and overstate the rigidity of the views to which they react. Their tentativeness in endorsing exit options makes it difficult to assess the normative implications of their position, but their argument notably lacks a comprehensive consideration of alternative lawmaking forms.
Conservation With Justice: A Rights-Based Approach, Dinah L. Shelton, Thomas Greiber, Melinda Janki, Marcos Orellana, Annalisa Savaresi
Conservation With Justice: A Rights-Based Approach, Dinah L. Shelton, Thomas Greiber, Melinda Janki, Marcos Orellana, Annalisa Savaresi
GW Law Faculty Publications & Other Works
This article suggests a rights-based approach (RBA) to conservation of environmental resources. The article points out benefits of an RBA model, such as identifying the causes of environmental impacts on citizens’ human rights and bettering the regulation of environmental resources. However, the RBA also poses challenges, such as resistance from non-State actors, comparing the importance of different rights, and a commitment of many resources. The article next identifies substantive and procedural rights provided by international law. An RBA implicates, among others, the right to life, the right to health, the right to an adequate standard of living, the right to …
New Opportunities For Nongovernmental Actors In The International Law Commission, Steve Charnovitz
New Opportunities For Nongovernmental Actors In The International Law Commission, Steve Charnovitz
GW Law Faculty Publications & Other Works
Four years ago, I wrote an essay for the Centennial celebration of the American Journal of International Law on the topic of “Nongovernmental Organizations and International Law.” In the section of that essay where I discussed whether, under international law, states and international organizations have a duty to consult nongovernmental organizations (NGOs), I surveyed some current practices of consultation in international organizations. My invitation to participate in this symposium has presented me an opportunity to revisit those thoughts, to conduct more research, and to update our scholarship on how the ILC processes use input from private actors. My presentation contains …