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Articles 1 - 12 of 12
Full-Text Articles in Environmental Law
The Rock: The Role Water Plays In Our Lives, Ronald Griffin
The Rock: The Role Water Plays In Our Lives, Ronald Griffin
Faculty Books and Book Contributions
We witness increasing interconnectedness of issues, internationalization of flows of goods and movement of labor, intergovernmental cooperation, new attitudes to personal rights and meaning of family, including human rights, as well as changes of values, moral principles and ethical conceptions.We live in a pervious world. Traditional boundaries have become permeable. One of the great challenges of our time is the response of the law to current developments. The authors of the collection of essays offered in this book seek to analyze some of these challenges.The essays are revised versions based on presentations at the International Conferences on Law organized by …
The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna
Master's Theses
Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21st century and it affects everyone. By using …
Finding The Adequate Legal Framework For The Deployment Of Ocean Renewable Energy Through Area-Based Management, Xiao Recio-Blanco
Finding The Adequate Legal Framework For The Deployment Of Ocean Renewable Energy Through Area-Based Management, Xiao Recio-Blanco
Xiao Recio-Blanco
The world runs on electricity, but its global distribution is uneven and incomplete. The lack of access to electricity denies some people the most basic benefits, from healthcare and sanitation to security and economic development.
To increase access to electricity, most developing nations have relied on traditional sources of energy, namely fossil fuels, and the extension of a central electrical grid. Scholars and specialized International Organizations suggest that the implementation of renewable energy technologies through small-to-mid scale grid projects could be a reliable alternative. However, renewable energy technologies must overcome three formidable hurdles: low reliability, uneven availability, and the high …
Deployment Of Geoengineering By The Private And Public Sector: Can The Risks Of Geoengineering Ever Be Effectively Regulated?, Daniela E. Lai
Deployment Of Geoengineering By The Private And Public Sector: Can The Risks Of Geoengineering Ever Be Effectively Regulated?, Daniela E. Lai
Daniela E Lai
Geoengineering has been described as any large-scale environmental manipulation designed with the purpose of mitigating the effects of climate change without decreasing greenhouse gas emissions (GHGs). Currently there are no specific rules regulating geoengineering activities particularly if geoengineering is deployed in areas beyond national jurisdiction. This article argues that, in order to mitigate the risks of geoengineering, there needs to be effective regulation of its deployment both in international and domestic law. The risks of geoengineering can only be effectively regulated if there is international cooperation between all levels of governments and private individuals involved in the research and development …
Preventing Cold War: Militarization In The Southernmost Continent And The Antarctic Treaty System's Fading Effectiveness, Dillon A. Redding
Preventing Cold War: Militarization In The Southernmost Continent And The Antarctic Treaty System's Fading Effectiveness, Dillon A. Redding
Dillon A Redding
This note argues that the preservation of Antarctica for peaceful research and internationally cooperative activity as envisioned originally by the Antarctic Treaty in 1961 has gone unrealized amid growing international interest in the strategic advantages offered by Antarctica, including the possibility of large swathes of mineral deposits and optimal locations for satellite stations. Part 1 describes the motivations behind the Antarctic Treaty System (ATS) and outlines the relevant provisions of the Antarctic Treaty. Part 2 examines the military advantages to a state presence in Antarctica and the ways in which the ATS allows for such a presence to be carried …
The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth
The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth
David A. Wirth
Any day now, a World Trade Organization panel is expected to rule in a dispute between the U.S. and the EU concerning market access for genetically-engineered foods and crops. This piece, written before the release of the WTO panel's report, analyzes novel systemic issues concerning the impact of WTO law on regulatory design, at both the national and international levels, that are raised by this dispute. These include (1) the application of WTO disciplines to regulatory schemes that require prior governmental approval to protect the environment and public health from newly-introduced products and substances; (2) the role of precaution as …
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
The Social Obligation Of Property Ownership: A Comparison Of German And U.S. Law, Rebecca Lubens
The Social Obligation Of Property Ownership: A Comparison Of German And U.S. Law, Rebecca Lubens
ExpressO
Although both Germany and the United States have strong market-based economies characterized by rigorous protection of private property rights, the two countries have different conceptions of land ownership based on distinct notions of the individual’s place in society. Whereas property protection under the U.S. Constitution emphasizes individual freedom, German law explicitly considers the individual’s place in and relationship to the social order in defining ownership rights. The property clause in the German Grundgesetz (The Basic Law, the German constitution) contains an affirmative social obligation alongside its positive guarantee of ownership rights. The U.S. Constitution, on the other hand, does not …
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
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.
“Ua Koe Ke Kuleana O Na Kanaka” (Reserving The Rights Of Native Tenants): Integrating Kuleana Rights And Land Trust Priorities In Hawai`I, Jocelyn B. Garovoy
“Ua Koe Ke Kuleana O Na Kanaka” (Reserving The Rights Of Native Tenants): Integrating Kuleana Rights And Land Trust Priorities In Hawai`I, Jocelyn B. Garovoy
ExpressO
No abstract provided.