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Full-Text Articles in Environmental Law
Migration As Reparation: Climate Change And The Disruption Of Borders, Carmen G. Gonzalez
Migration As Reparation: Climate Change And The Disruption Of Borders, Carmen G. Gonzalez
Faculty Publications & Other Works
This article examines the legal and moral basis for migration as a form of reparation for the harms inflicted on the states and peoples of the Global South through climate change and through centuries of predatory economic policies. Using Central American migration to the United States as a case study, the article explains that susceptibility to climate change is a function of two variables: exposure and social and economic vulnerability. High-emitting affluent states are disproportionately responsible for Central America’s exposure to climate change due to their historic and current greenhouse gas emissions, their unwillingness to curb these emissions, and their …
Saving The Serengeti: Africa's New International Judicial Environmentalism, James T. Gathii
Saving The Serengeti: Africa's New International Judicial Environmentalism, James T. Gathii
Faculty Publications & Other Works
This Article analyzes recent environmental law decisions of Africa's fledgling international courts. In 2014, for example, the East African Court of Justice stopped the government of Tanzania from building a road across Serengeti National Park because of its potential adverse environmental impacts. Decisions like these have inaugurated a new era of enhanced environmental judicial protection in Africa. This expansion into environmental law decision-making by Africa's international trade courts contrasts with other international courts that are designed to specialize on one issue area such as human rights or international trade, but not both. By contrast, Africa's international courts are simultaneously pushing …
Incorporating The Third Party Beneficiary Principle In Natural Resource Contracts, James T. Gathii
Incorporating The Third Party Beneficiary Principle In Natural Resource Contracts, James T. Gathii
Faculty Publications & Other Works
No abstract provided.