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Articles 1 - 11 of 11
Full-Text Articles in Law
A Comparison Analysis Between The Standards Used In The Dneiper River Basin Clean-Up And European Union Legislation, Hannah H. Naumoff-Dulski
A Comparison Analysis Between The Standards Used In The Dneiper River Basin Clean-Up And European Union Legislation, Hannah H. Naumoff-Dulski
ExpressO
A recent case study involved the clean-up efforts of the Dnieper River Basin by three countries, Belarus, Russia, and Ukraine. The objective of the study was to provide a method for the identification, assessment, and prioritization of the most significant sources of pollution based on their impacts and characteristics. Herein, the standards employed in the Dnieper case study are comparatively analyzed against the relevant EU directives. The purpose in doing so was to determine if the standards employed in this project could serve as a benchmark for the necessary environmental regulations that would be required if these three countries were …
Up Against A Wall: Europe’S Options For Regulating Biotechnology Through Regulatory Anarchy, Aaron A. Ostrovsky
Up Against A Wall: Europe’S Options For Regulating Biotechnology Through Regulatory Anarchy, Aaron A. Ostrovsky
ExpressO
Based on the current state of EU law and the political sentiment surrounding Genetically Modified Organisms, this paper argues that the best approach to regulating the import and export of GMOs into the Community and between Member States is by what I will call for the purposes of this Paper “regulatory anarchy.” This system sits in opposition to a hierarchical regulatory approach which may be associated with traditional neo-functionalist theories of Community integration. Applied in the context of GMOs, regulatory anarchy envisions integration not coming solely from Community rules conceived by the Commission, but by Member State negotiated rules accomplished …
Sovereignty, Self-Determination, And Environment-Based Cultures: The Emerging Voice Of Indigenous Peoples In International Law, Peter Manus
ExpressO
This article presents a survey of both the rhetoric and applications of international law addressing indigenous peoples' environmental rights. Part I assesses three terms that are widely used in international instruments - sovereignty, human rights, and self-determination - for their applicability to the environment-related interests of indigenous peoples. Part II presents a sixty year litany of international instruments as a means of tracing the evolution of global awareness of the uniquely vulnerable position that indigenous people occupy in the world community in connection with their environmental interests. Part III offers a comparative analysis of the cases Kitok v. Sweden and …
Getting Around The Gatt: Passing Gatt-Legal Legislation To Protect Marine Living Resources, Brad L. Milkwick
Getting Around The Gatt: Passing Gatt-Legal Legislation To Protect Marine Living Resources, Brad L. Milkwick
ExpressO
The WTO has been called, among other things, anti-environment. This is due in large part to the position that GATT dispute settlement panels have taken on environment-friendly legislation—such legislation is often struck down as being unduly restrictive of trade and therefore unenforceable under the GATT/WTO agreement. For example, in three seminal disputes that were brought before the GATT (often referred to as the Tuna/Dolphin I, Tuna/Dolphin II, and Shrimp/Turtle disputes), GATT dispute settlement bodies “recommended” against the United States and in favor of the countries which were allegedly engaging in environmentally-destructive practices. This article looks at those recommendations in some …
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Sharing Potential And The Potential For Sharing: Open Source Licensing As A Legal And Economic Modality For The Dissemination Of Renewable Energy Technology, Jason Wiener
ExpressO
No abstract provided.
Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis
Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis
ExpressO
This paper analyzes water as a social justice issue in South Africa, a nation that has undergone tremendous political and legal transformations over the last fifteen years, but whose population nonetheless continues to suffer from severe inequities in access to freshwater resources. In light of growing water scarcity worldwide, this paper highlights that legal treatment of water resources has significant socioeconomic and distributive justice impacts, even in progressive constitutional democracies that have embraced principles of human rights and international legal norms. The paper explores historical changes in South African water law and evaluates the current political and legal status of …
The Law Of Later-Developing Riparian States: The Case Of Afghanistan, (With J. Mcmurray), A. Dan Tarlock
The Law Of Later-Developing Riparian States: The Case Of Afghanistan, (With J. Mcmurray), A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Iucn As Catalyst For A Law Of The Biosphere: Acting Globally And Locally, Nicholas A. Robinson
Iucn As Catalyst For A Law Of The Biosphere: Acting Globally And Locally, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Unique among international organizations, the International Union for the Conservation of Nature and Natural Resources (IUCN) operates at the global, regional, and national levels to build governmental capacity to protect the environment. With a membership of over 75 sovereign states and 800 nongovernmental organizations, IUCN functions as an intergovernmental organization at the transnational level while operationally embodying the maxim "think globally, act locally." IUCN acts as a consortium of environmental scientists and professionals, including environmental lawyers who have proposed and secured adoption of significant environmental treaties such as the Convention on the International Trade in Endangered Species (CITES) and their …
Environmental Trade Measures, The Shrimp-Turtle Rulings, And The Ordinary Meaning Of The Text Of The Gatt, Howard F. Chang
Environmental Trade Measures, The Shrimp-Turtle Rulings, And The Ordinary Meaning Of The Text Of The Gatt, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Contributing Author, David Wirth