Environmental Law Commons^™

Moving Beyond The Wto: A Proposal To Adjudicate Gmo Disputes In An International Environmental Court, Marguerite A. Hutchinson

San Diego International Law Journal

This Article begins with a brief summary of the scientific basis of creating GMOs and its historic precursors. The second section provides an overview of risks to humans and the environment. The third part of this Article analyzes the arguments put forward by both the United States and the E.U., which have defined the conflict between blocs of countries pushing GMOs abroad and those who persistently reject them. The fourth section evaluates the respective regulatory schemes imposed on GMOs by the United States and Europe, domestically and by international treaty. The success of these systems is evaluated in the fifth …

Lodging The Sustainable Development Goals In The International Trade Regime: From Trade Rhetoric To Trade Plethoric, Nasser Alreshaid

Sustainable Development Law & Policy

No abstract provided.

The Brazilian Amazon Timber Industry And The International Mechanisms Of Timber Trade Control – Combating Illegal Logging And Associated Trade, Juliana Coelho Marcussi

Dissertations & Theses

Illegal logging and its associated trade are one of the main causes of degradation of the Amazonian Rainforest in Brazil. They spring from several deficiencies in the regulatory and monitoring systems. The purpose of this work is to recommend mechanisms to overcome these deficiencies to eliminate illegal logging and its associated trade in the long-term and to enhance the appreciation of the standing forests and the sustainable use of their natural resources.

Chapter 1 provides an overview of the Brazilian tropical timber market’s trends, and briefly describes the main stages of timber supply chain to build familiarity with the activities …

International Trade Law And The U.S.-Eu Gmo Debate: Can Africa Weather This Storm?, Michelle K. Mcdonald

Georgia Journal of International & Comparative Law

No abstract provided.

The International Sugar Trade And Sustainable Development: Curtailing The Sugar Rush, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

International Trade And Investment Law And Carbon Management Technologies, Shi-Ling Hsu, Nigel Bankes, Anatole Boute, Sarah Mccalla, Steve Charnovitz, Liz Whitsitt, Nicholas Rivers

Shi-Ling Hsu

Reducing emissions of greenhouse gases will require the development of carbon management technologies that are not currently available or that are not currently cost-effective. While market mechanisms such as carbon pricing must play a central role in stimulating the development of these technologies, governmental policy aimed at fostering carbon management technologies and lowering their costs must also play a part. Both types of policies will form part of an optimal greenhouse gas control portfolio.

This article develops a framework of international trade and investment law insofar as they may affect carbon management technologies. While it is commonly perceived that international …

International Trade Regulatory Challenges For Brazil And Some Lessons From The Promotion Of Ethanol, Michelle R. Sanchez-Badin Mrs., Daniela Helena Godoy Ms.

Michelle R Sanchez-Badin Mrs.

Bringing A Complaint Under The Nafta Environmental Side Accord: Difficult Steps Under A Procedural Paper Tiger, But Movement In The Right Direction, Michael J. Kelly

Pepperdine Law Review

No abstract provided.

Introductory Remarks: International Energy Governance, Lakshman Guruswamy

Publications

No abstract provided.

Stepping Stone Or Stumbling Block: Incrementalism And National Climate Change Legislation, Rachel Brewster

Faculty Scholarship

This Article examines the effects of incremental domestic legislation on international negotiations to limit greenhouse gas emissions. Mitigating the effects of climate change is a global public good, which, ultimately, only an international agreement can provide. The common presumption (justified or not) is that national legislation is a step forward to an international agreement. This Article analyzes how national legislation can create a demand for international action but can also preempt or frustrate international efforts. The crucial issue, which has been largely ignored thus far, is how incremental steps at the domestic level alter international negotiations. This paper identifies four …

Un-Fair Trade As Friendly Fire: The Australia-Usa Free Trade Agreement, Benedict Sheehy

ExpressO

Trade, economists and trade theorists advise, is a mutually beneficial exercise. Among this group, a particular set of advocates, claim that “Free Trade” is in the interest of all parties. As will be demonstrated, Free Trade is not truly “free” but an exercise of foreign policy and the implementation of policies favouring wealthy corporate interest groups. Free Trade is controlled by wealthy nations who have stacked the rules in favour of themselves, and in particular their corporate interests, and against the poor producers in poor nations. This control is used contrary to fairness, economic and ecological logic. Fair trade, by …

Against Sustainable Development Grand Theory: A Plea For Pragmatism In Resolving Disputes Involving International Trade And The Environment, Robert F. Blomquist

Law Faculty Publications

No abstract provided.

Book Review, Lakshman D. Guruswamy

Publications

No abstract provided.

Should The World Trade Organization Incorporate Labor And Environmental Standards, Chantal Thomas

Washington and Lee Law Review

No abstract provided.

Who's Afraid Of The Supremacy Clause? State Regulation Of Air Pollution From Offshore Ships Is Upheld In Pacific Merchant Shipping Ass'n V. Goldstene, Jennifer Hammitt

University of Miami Law Review

No abstract provided.

Should Unclos Or Gatt/Wto Decide Trade And Environment Disputes?, Lakshman D. Guruswamy

Publications

No abstract provided.

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 Trade And Environmental Development: A View From India, R. S. Pathak

Indiana Journal of Global Legal Studies

No abstract provided.

International Trade And The Environment: Interdependent Goals Or Irreconcilable Conflict? Introduction

Washington and Lee Law Review

No abstract provided.

World Trade Rules And Environmental Policies: Congruence Or Conflict?, John H. Jackson

Washington and Lee Law Review

No abstract provided.

Resolving The Trade And Environment Debate: In Search Of A Neutral Forum And Neutral Principles, Patti A. Goldman

Washington and Lee Law Review

No abstract provided.

International Trade And Environment: Lessons From The Federal Experience, Richard B. Stewart

Washington and Lee Law Review

No abstract provided.

Environment And Trade Measures After The Tuna/Dolphin Decision, Frederic L. Kirgis, Jr.

Washington and Lee Law Review

No abstract provided.

Cites And The Regulation Of International Trade In Endangered Species Of Flora: A Critical Appraisal, William C. Burns

Penn State International Law Review

This article focuses on the effectiveness of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in preserving endangered species of flora. The overarching thesis will be that the Convention has contributed to the protection of flora, but several measures are still necessary to strengthen implementation of the treaty at the beginning of the next crucial,.decade. The analysis of this thesis will examine the importance of flora species as a global resource and examine the historical record, of CITES to effectively preserve endangered flora species. Finally, .this article proffers several proposals intended to enhance the …

The Controls On The Transfrontier Movement Of Hazardous Waste From Developed To Developing Nations: The Goal Of A "Level Playing Field", Michelle M. Vilcheck

Northwestern Journal of International Law & Business

In the 1970s, the United States Congress began passing national environmental legislation. One reason for such legislation was to "level the playing field" among the fifty states so that economic advantage did not accrue to one state at the expense of environmental quality and public health.' The world now faces a similar need for environmental legislation on an international level. Environmental laws of individual nations have become more and more divergent as developed countries, such as the United States, enact tougher environmental laws, while less developed nations fail to enact any environmental regulations. The variant standards of these environmental laws …