Environmental Law Commons^™

Should Or Must? Nature Of The Obligation Of States To Use Trade Instruments For The Advancement Of Environmental, Labor, And Other Human Rights, Stephen Powell

Stephen Joseph Powell

States have been careful to couch their human rights commitments in terms that avoid binding and measurable actions to ensure the human rights either of their own citizens or those in other countries. Despite the promise of a dozen U.N. treaties, states continue to equivocate as to measures necessary to meet critical individual needs. This essay argues that, nonetheless, the question whether economically powerful states may be held to human rights observance is not solely moral in nature. Instead, through a combination of treaties, custom, and historical facts, the human rights obligation of developed states has taken on penumbral legal …

Head Of State Criminal Responsibility For Environmental War Crimes: Case Study: The Arabian Gulf Armed Conflict 1990-1991, Meshari K. Eifan

Dissertations & Theses

This paper aims to provide a comparative study of the existing international criminal law framework and its relation to environmental protection during armed conflict. To approach this objective, the study will review the environmental crisis that occurred during the armed conflict in the Arabian Gulf in 1990-1991 as a case study for determining whether the international community adequately responds to these events.

Thus, this study is divided into five main parts. Part I assesses the justifications for a remedy, the criminal remedy, that is more adequate than the United Nations remedy taken toward Saddam Hussein’s actions against the environment, a …

La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva

Edward Ivan Cueva

La Cesión de Derechos en el Código Civil Peruano

Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Second Generation Environmental Justice: Challenges And Opportunities, Rachel D. Godsil

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Rachel D. Godsil, Professor of Law, Seton Hall Law School

3 pages.

Indigenous Peoples And Environmental Justice: The Impact Of Climate Change, Rebecca Tsosie

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Rebecca Tsosie, Professor of Law, Arizona State University

1 page.

Action On Global Warming: Making Room For Tribal Governments In The New Kind Of Wedge Issue, Dean B. Suagee

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Dean B. Suagee, Of Counsel, Hobbs, Straus, Dean & Walker LLP, Washington, D.C.

1 page.

Summary Of Presentation: Climate Of Environmental Justice Conference, Michael B. Gerrard

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Michael B. Gerrard, Partner, Arnold & Porter LLP, New York, NY

2 pages.

Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Robert D. Bullard, Ph.D., Professor of Sociology, Clark Atlanta University

1 page.

Climate Justice: The Next Movement [Outline], Richard J. Lazarus

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Richard J. Lazarus, Professor of Law, Georgetown University Law Center

2 pages.

Creating A Roadmap For Achieving Intergenerational Environmental Justice, Clifford Rechtschaffen

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Clifford Rechtschaffen, Professor of Law and Director, JD Environmental Law Program; Co-Director, Environmental Law and Justice Clinic, Golden Gate University School of Law

5 pages.

Climate Changes And The Poorest Nations: Further Reflections On Global Inequality, Ruth Gordon

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Ruth Gordon, Professor of Law, Villanova University School of Law

3 pages.

Slides: Environmental Justice: Comprehensive Approach, Nicholas Targ

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Nicholas Targ, Holland & Knight, former Associate Director for Environmental Justice Integration, Office of Environmental Justice, U.S. Environmental Protection Agency

16 slides

Healing Earth, Helping Neighbors: Using Brownfield Remediation Projects To Advance Environmental Justice [Outline], Willie Shepherd

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Willie Shepherd, Chairman and Co-Founder, Kamlet Shepherd & Reichert, LLP

2 pages.

"Presentation Outline"

Agenda: The Climate Of Environmental Justice: Taking Stock, University Of Colorado Boulder. School Of Law

The Climate of Environmental Justice: Taking Stock (March 16-17)

On March 16-17, The Climate of Environmental Justice: Taking Stock conference gathered 125 academics and practitioners from around the country to consider the pressing issues facing low-income and/or communities of color that continue to be subjected to a disproportionate share of environmental maladies.

"Some people are more equal than others when it comes to bracing ourselves for the impacts of climate change," said conference organizer Professor Maxine Burkett. "Whether it's because poor folks lived in the lowest areas of New Orleans when Katrina floodwaters rushed in, or are less able to afford the cooling bill during increasingly frequent heat waves, …

Joe Stell's Life, Career, & Contributions, Susan Kelly

Water Matters!

Representative Joe Stell's retirement after 20 years in the New Mexico Legislature has many people wondering: How will we fare without his knowledge and history ofNew Mexico water matters? Stell viewed one of his most important roles as that of helping new legislators get up to speed on w ater issues. We hope that Water Matters! may assist in this role by providing legislators with background information on some of the issues they will encounter. The Utton Center also wanted to acknowledge Joe Stell's outstanding service to New Mexico, and we have therefore included a brief sketch about his career, …

A Tale Of Two Imperiled Rivers: Reflections From A Post-Katrina World, Sandra Zellmer

Nebraska College of Law: Faculty Publications

Hurricanes are a natural, predictable phenomenon, yet the Gulf Coast communities were devastated by the hurricanes of 2005. One year after Hurricane Katrina struck, the U.S. Army Corps of Engineers responded to a congressional request for an accounting by admitting culpability for the destruction of New Orleans. Its structural defenses failed not because Congress had authorized only moderate Category 3 protection, which in turn let floodwaters overtop the city's levees, but because levees and floodwalls simply collapsed. The so-called network of federal and local structures was a haphazard system in name only, where floodwalls and levees of varying heights utilized …

Tribal, State, And Federal Cooperation To Achieve Good Governance, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Jurisdictional uncertainty affects tribal sovereignty and public safety. Management of natural resources remains one of the few realms of authority over which tribes have retained control. Ancient wild rice harvesting by the Chippewa provides a context in which to consider a tribes ability to set water standards, as does Pueblo ceremonial use of the Rio Grande River. Cooperative tribal, state, federal, and international responses to the Methamphetamine crisis can address both environmental and human health. This study examines the prospect for integrated protection of health and habitat based upon comity and cooperation. It examines the parameters of homeland security and …

Multilateral Climate Change Mitigation, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

A long-term framework to address climate change is within political reach. This article examines how greenhouse gas mitigation can occur across economic and political fault lines. Climate is a public good requiring the development of an energy strategy based upon international cooperation, energy efficiency, and sustainable technological development.

Rethinking The Procreative Right, Carter Dillard

Carter Dillard

Few principles are as universally accepted in legal scholarship today, but based on such scant support, as the fundamental nature and broad scope of the right to procreate. What is perceived as a vague but nonetheless justified legal and moral interest to procreate freely without regard to others is, upon closer examination, based on little more than misconstrued or inapposite case precedent and blurry statements in non-binding sources of international law. By relying on this authority, conflating procreation with conceptually distinguishable behaviors, presuming its intrinsic value, and ignoring competing rights and duties, lawyers have largely overlooked procreation and its legal …

Inter-American Commission On Human Rights To Hold Hearing After Rejecting Inuit Climate Change Petition, Jessica Gordon

Sustainable Development Law & Policy

No abstract provided.

Update On The Environmental And Legal Consequences Of The Recent Lebanon-Israel War, Salah Husseini

Sustainable Development Law & Policy

No abstract provided.

Corporate Accountability For Environmental Human Rights Abuse In The Developing Nations: Making The Case For Punitive Damages Under The Alien Tort Claims Act, Audrey Koecher

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Climate Change, The United States, And The Impacts Of Arctic Melting: A Case Study In The Need For Enforceable International Environmental Human Rights, Randall S. Abate

Journal Publications

Climate change is currently the most significant and daunting international environmental problem, with disproportionate and devastating impacts on indigenous groups. The plight of the Inuit is illustrative of a larger need to recognize and enforce international environmental human rights violations. Part I of this Article examines the evolution of various approaches to environmental human rights theories in (1) United States law, (2) international human rights law instruments, and (3) the laws of other nations. Part II considers the scientific evidence and legal theory underlying the Inuit petition before the Inter-American Commission on Human Rights and explores how this scenario underscores …

Seeking Protection: Recognition Of Environmentally Displaced Persons Under International Human Rights Law, Brooke Havard

Villanova Environmental Law Journal

No abstract provided.