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- Indiana Journal of Global Legal Studies (9)
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Articles 1 - 30 of 33
Full-Text Articles in Environmental Law
Application Of International Water Law To Transboundary Groundwater Resources, And The Slovak-Hungarian Dispute Over Gabcikovo-Nagymaros, Gabriel Eckstein
Application Of International Water Law To Transboundary Groundwater Resources, And The Slovak-Hungarian Dispute Over Gabcikovo-Nagymaros, Gabriel Eckstein
Faculty Scholarship
The growth in global population and economic development has resulted in tremendous pressures on existing sources of fresh water. Human water use over the past three centuries increased by a factor of thirty-five and is growing by four to eight percent annually. Coupled with recurring international disputes over water resources, poor water management, and the realization that water is an indispensable but finite resource, these trends have propelled the use and management of transboundary groundwater resources to the forefront of legal debate.
Until recently, matters relating to groundwater resources were relatively ignored in the context of international law applicable to …
Risky Reform, David A. Wirth, Ellen Silbergeld
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 …
Customary (And Not So Customary) International Environmental Law, Daniel Bodansky
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 …
Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell
Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell
Indiana Journal of Global Legal Studies
Professor O'Connell discusses the tradtional methods used for international law "enforcement," and she argues that international law is generally obeyed Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement, however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through domestic courts. …
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 …
International Environmental Law And The "Bottom-Up" Approach: A Review Of The Desertification Convention, Kyle W. Danish
International Environmental Law And The "Bottom-Up" Approach: A Review Of The Desertification Convention, Kyle W. Danish
Indiana Journal of Global Legal Studies
The media was once filled with images of encroaching deserts and
starving populations. Attention has since shifted to other issues, but
the problems remain. Desertification is acute not only in familiar
desert regions such as the Sahara, but in regions such as the Sahelian
and Other drylands which comprise nearly thirty-five percent of the
earth's total land area. Mr. Danish analyzes the Desertification
Convention of 1995, discussing both the Convention's efforts to
address the environmental degradation and the Convention's impact
on international notions of the state, crafting large-scale responses,
and generating centralized regulation. This Convention employs a
"bottom-up" approach; it …
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.
Canada's International Forest Protection Obligations: A Case Of Promises Forgotten In British Columbia And Alberta, Paul Stanton Kibel
Canada's International Forest Protection Obligations: A Case Of Promises Forgotten In British Columbia And Alberta, Paul Stanton Kibel
Publications
Part I of this Article sets forth Canada's,numerous international forest protection obligations. Part II reveals the pattern of forest destruction and provincial government corruption in British Columbia and Alberta. Part III examines why the Canadian federal government has thus far been reluctant to interfere with provincial forest management. The constitutional arguments supporting this "hands-off" policy are assessed and rejected. Therefore, this Article concludes that the Canadian federal government must ultimately be held accountable for provincial violations of international law.
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 …
The African Elephant, Africa, And Cites: The Next Step, Bill Padgett
The African Elephant, Africa, And Cites: The Next Step, Bill Padgett
Indiana Journal of Global Legal Studies
No abstract provided.
Great Lakes Water Quality Initiative: National Standards Governing A Binational Resource A Call For International Rulemaking, Sean P. Gallagher
Great Lakes Water Quality Initiative: National Standards Governing A Binational Resource A Call For International Rulemaking, Sean P. Gallagher
Indiana Journal of Global Legal Studies
No abstract provided.
Issues In The Measurement Of Biological Diversity, Andrew R. Solow, James M. Broadus
Issues In The Measurement Of Biological Diversity, Andrew R. Solow, James M. Broadus
Vanderbilt Journal of Transnational Law
There are many national and international efforts to conserve biological diversity. However, since conservation resources are scarce, they must be used as effectively as possible. This Article examines recent developments in the definition and measurement of biological diversity . The authors explore the advantages and disadvantages of various measures of biological diversity, and the sensitivity of the optimal allocation of conservation resources to alternative measures. This Article demonstrates the importance of the choice of a biological diversity measure while simultaneously indicating that this choice is only one part of the ultimate goal of conservation.
The International Convention To Combat Desertification: Drawing A Line In The Sand?, William C. Burns
The International Convention To Combat Desertification: Drawing A Line In The Sand?, William C. Burns
Michigan Journal of International Law
The purpose of this article is to assess the potential efficacy of the Convention in the face of devastation of the world's dryland resources. In this pursuit, I will: 1) Outline the causes and implications of desertification; 2) Present a brief history of past efforts to battle desertification; 3) Discuss the contours and the Convention; and 4) Assess the prospects for the Convention to make a meaningful difference in the struggle to save the world's land.
Transboundary Shipments Of Toxic Waste: The Basel And Bamako Conventions: Do Third World Countries Have A Choice?, B. John Ovink
Transboundary Shipments Of Toxic Waste: The Basel And Bamako Conventions: Do Third World Countries Have A Choice?, B. John Ovink
Penn State International Law Review
No abstract provided.
To Dream The Impossible Dream: Globalization And Harmonization Of Environmental Laws, 20 N.C. J. Int'l L. & Com. Reg. 205 (1995), Alberto Bernabe
To Dream The Impossible Dream: Globalization And Harmonization Of Environmental Laws, 20 N.C. J. Int'l L. & Com. Reg. 205 (1995), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
No abstract provided.
Hazardous Waste Exportation: The Global Manifestation Of Environmental Racism, Hugh J. Marbury
Hazardous Waste Exportation: The Global Manifestation Of Environmental Racism, Hugh J. Marbury
Vanderbilt Journal of Transnational Law
During the last decade, the United Nations and other international organizations have been struggling with the issue of hazardous waste exportation to developing countries. At the same time, the United States has been grappling with environmental racism. However, critics of both hazardous waste exportation and environmental racism have overlooked their similarities, namely, that hazardous waste exportation and environmental racism place a disproportionate burden on the same classes of people, the poor and minorities. The exportation of hazardous waste to developing countries is essentially environmental racism on an international scale.
This Note briefly explains the history and economic motivations behind hazardous …
Biodiversity: Opportunities And Obligations, Jonathan I. Charney
Biodiversity: Opportunities And Obligations, Jonathan I. Charney
Vanderbilt Journal of Transnational Law
This issue of the Vanderbilt Journal of Transnational Law is devoted to the Symposium on Biological Diversity that was convened by the Journal at the Vanderbilt University School of Law on January 20-21, 1995. The focus of the Symposium was the United Nations Convention on Biological Diversity. Biological diversity is a relatively new term in international law and relations. The Biological Diversity Convention was one of the products of the United Nations Conference on Environment and Development (UNCED) that was held in Rio de Janeiro, Brazil in June of 1992. Since the Convention was a product of UNCED, its substance …
Biodiversity In The Marine Environment: Resource Implications For The Law Of The Sea, Christopher C. Joyner
Biodiversity In The Marine Environment: Resource Implications For The Law Of The Sea, Christopher C. Joyner
Vanderbilt Journal of Transnational Law
Professor Joyner begins by explaining what biodiversity is and how it is currently being threatened. He then describes the existing international prescriptions that relate to the preservation of biodiversity, including the Convention on Biodiversity, the Convention on the Law of the Sea, the Convention on the Prevention of Marine Pollution by Dumping and Other Matter, and the International Convention for the Prevention of Pollution from Ships. Professor Joyner examines how these prescriptions protect or fail to protect biodiversity in the marine environment, both independently and in conjunction with related international environmental law. Finally, he assesses how international organizations, regional protection …
Responsibility For Biological Diversity Conservation Under International Law, Catherine Tinker
Responsibility For Biological Diversity Conservation Under International Law, Catherine Tinker
Vanderbilt Journal of Transnational Law
Professor Tinker begins with a general discussion of biodiversity law within the context of existing international environmental issues and traditional international lawmaking. The article analyzes the legal issues that attend the fulfillment of the objectives of the Biodiversity Convention. The article examines the work of the International Law Commission on state responsibility and liability for environmental harm. The article then explores the precautionary principle and argues that it should be more aggressively applied in order to fulfill the mandate of the Biodiversity Convention.
Environment And Trade Concepts And Principles Of International Law: An Introduction, David Hunter
Environment And Trade Concepts And Principles Of International Law: An Introduction, David Hunter
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Book Review Of Principles Of International Environmental Law, Linda A. Malone
Book Review Of Principles Of International Environmental Law, Linda A. Malone
Faculty Publications
No abstract provided.
International Law And The Protection Of Biological Diversity, Daniel M. Bodansky
International Law And The Protection Of Biological Diversity, Daniel M. Bodansky
Vanderbilt Journal of Transnational Law
This article provides a general overview of international environmental law and biodiversity. First, the article argues that biodiversity is an international issue because international cooperation is necessary to implement national preservation policies effectively and because the benefits of biodiversity accrue in part to the international community. Second, the article discusses existing international law relevant to biodiversity, including wildlife and habitat protection treaties, the 1992 Convention on Biological Diversity, and general principles of international environmental law such as the precautionary principle, the principle of intergenerational equity, and the principle of differentiated responsibilities. Finally, the article recommends that the international community use …
Civil Liability For Damage Caused To The Environment By Hazardous Waste: Lessons For The European Union From The Us Experience, Artemis Hatzi-Hull
Civil Liability For Damage Caused To The Environment By Hazardous Waste: Lessons For The European Union From The Us Experience, Artemis Hatzi-Hull
LLM Theses and Essays
As environmental awareness has surged over the last two decades, environmental law has rapidly developed. In both agricultural and industrial countries, the environment is a sensitive and vital area where substantial economic interests are at stake. In the United States, many social, political, and economic reasons have spawned rapid expansion of environmental law. Congress has enacted numerous statutes and empowered federal agencies, primarily the Environmental Protection Agency (EPA), to adopt standards and enforce these new laws. A decade ago, environmental liability was not a major concern for US businesses and was rarely dealt with in commercial contracts. However, the situation …
Shifting The Point Of Regulation: The International Organization For Standardization And Global Lawmaking On Trade And The Environment, Naomi Roht-Arriaza
Shifting The Point Of Regulation: The International Organization For Standardization And Global Lawmaking On Trade And The Environment, Naomi Roht-Arriaza
Faculty Scholarship
No abstract provided.
Indigenous People File Suit Alleging Environment As A Human Right, Denise Thomasson
Indigenous People File Suit Alleging Environment As A Human Right, Denise Thomasson
Human Rights Brief
No abstract provided.
Iucn's Proposed Covenant On Environment & Development, Nicholas A. Robinson
Iucn's Proposed Covenant On Environment & Development, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This article examines the genesis and scope of the IUCN draft Covenant. It (a) describes IUCN's interest and experience in preparing the proposed draft Covenant; (b) analyzes the roles the draft Covenant can serve; and (c) identifies some illustrative precedents for the Articles of the draft Covenant.
International Environmental Law: Boundaries, Landmarks, And Realities, Lakshman Guruswamy
International Environmental Law: Boundaries, Landmarks, And Realities, Lakshman Guruswamy
Publications
No abstract provided.
The European Bank For Reconstruction And Development: Legal And Policy Issues, John Linarelli
The European Bank For Reconstruction And Development: Legal And Policy Issues, John Linarelli
Scholarly Works
No abstract provided.
Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell
Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell
Journal Articles
Professor O'Connell discusses the traditional methods used for international law "enforcement," and she argues that international law is generally obeyed. Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement; however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through domestic courts. …