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Full-Text Articles in Law
The Persistence Of National Peculiarities: Translating Representative, Anna Katharina Mangold
The Persistence Of National Peculiarities: Translating Representative, Anna Katharina Mangold
Indiana Journal of Global Legal Studies
This paper explores representative environmental action in international, European Union, and German environmental law as an example of '7egal translation." The Aarhus Convention, dating from 1998, requests signatory parties to provide environmental NGOs with wide access to justice so that the protection of the environment can be controlled by the judiciary. Both the European Union and Germany have implemented the provisions of the Aarhus Convention into their respective legal orders. This process of implementation can be considered as "legal translations." The argument of this paper is that a perspective of '7egal translation" provides new vistas on the various intertwined layers …
The Role Of Multilateral Finance And The Environment: A View From The World Bank, Andrew Steer, Jocelyn Mason
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
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 …
The Puzzling Relationship Between Trade And Environment: Nafta, Competitiveness, And The Pursuit Of Environmental Welfare Objectives, Ileana M. Porras
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
Introduction: International Environmental Law And Agencies: The Next Generation Symposium, Alfred C. Aman
Indiana Journal of Global Legal Studies
No abstract provided.
Legal Imagery In The "Garden Of England", Eve Darian-Smith
Legal Imagery In The "Garden Of England", Eve Darian-Smith
Indiana Journal of Global Legal Studies
Ms. Darian-Smith explores the relationship between law and the
concept of "landscapes, "which she describes as the spatial imagery
through which law is conceived and from which it draws meaning.
She first defines the complex and historically rich concept of the
"garden image," both in general and as it is seen in (and by)
England, its people, and its surrounding political, cultural, and
spatial contexts. In general terms, the garden image is injected into
issues of environmental law. Further, she notes that the garden has
been a fluid, ever-changing concept for England's society and its
developing legal system. Specifically, Darian-Smith …
International Trade And Environmental Development: A View From India, R. S. Pathak
International Trade And Environmental Development: A View From India, R. S. Pathak
Indiana Journal of Global Legal Studies
No abstract provided.
The "Greening" Of International Law: Emerging Principles And Rules, Philippe Sands
The "Greening" Of International Law: Emerging Principles And Rules, Philippe Sands
Indiana Journal of Global Legal Studies
No abstract provided.
The Law, Politics, And Economics Of Amazonian Deforestation, Emilio F. Moran
The Law, Politics, And Economics Of Amazonian Deforestation, Emilio F. Moran
Indiana Journal of Global Legal Studies
No abstract provided.
Marpol 73/78 And Vessel Pollution: A Glass Half Full Or Half Empty?, Andrew Griffin
Marpol 73/78 And Vessel Pollution: A Glass Half Full Or Half Empty?, Andrew Griffin
Indiana Journal of Global Legal Studies
No abstract provided.