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Articles 1 - 30 of 79
Full-Text Articles in Environmental Law
A Comparison Analysis Between The Standards Used In The Dneiper River Basin Clean-Up And European Union Legislation, Hannah H. Naumoff-Dulski
A Comparison Analysis Between The Standards Used In The Dneiper River Basin Clean-Up And European Union Legislation, Hannah H. Naumoff-Dulski
ExpressO
A recent case study involved the clean-up efforts of the Dnieper River Basin by three countries, Belarus, Russia, and Ukraine. The objective of the study was to provide a method for the identification, assessment, and prioritization of the most significant sources of pollution based on their impacts and characteristics. Herein, the standards employed in the Dnieper case study are comparatively analyzed against the relevant EU directives. The purpose in doing so was to determine if the standards employed in this project could serve as a benchmark for the necessary environmental regulations that would be required if these three countries were …
Saving Salvage: Avoiding Misguided Changes To Salvage And Finds Law, Christopher Z. Bordelon
Saving Salvage: Avoiding Misguided Changes To Salvage And Finds Law, Christopher Z. Bordelon
San Diego International Law Journal
In recent years, as technology permitting previously impossible underwater salvage operations has become available, ancient principles of the laws of salvage and of finds as applied to sunken ships have come under attack. Those who would limit or preclude the application of salvage and finds principles and the conduct of salvage operations in the context of shipwrecks have advocated changes in both the common law of admiralty and in related statutory law. They have also supported an international convention on the subject. Academic commentary favoring heightened preservation praises these developments and promotes further initiatives to protect the "underwater cultural heritage" …
From Hot Air To Action? Climate Change, Compliance, And The Future Of International Environmental Law, Meinhard Doelle
From Hot Air To Action? Climate Change, Compliance, And The Future Of International Environmental Law, Meinhard Doelle
PhD Dissertations
This dissertation considers the evolution, current state, and future prognosis of the global climate change regime under the umbrella of the United Nations Framework Convention on Climate Change. The focus of the dissertation is on State compliance with the Kyoto Protocol. Compliance is considered from the perspective of the internal compliance regime developed under the Kyoto Protocol as well as a select set of potential external international law influences. The dissertation concludes with an assessment of the level of compliance to be expected and its potential influence on the future of the climate change regime. Implications for international environmental law …
The Nature And Enforcement Of Investor Rights Under Investment Treaties: Do Investment Treaties Have A Bright Future, Susan Franck
The Nature And Enforcement Of Investor Rights Under Investment Treaties: Do Investment Treaties Have A Bright Future, Susan Franck
Articles in Law Reviews & Other Academic Journals
The number of investment treaties has surged in the past decade. Even now, the United States and Canada are actively engaged in programs designed to facilitate the completion of multilateral treaties such as the Dominican Republic-Central American Free Trade Agreement (CAFTA-DR) and Bilateral Investment Treaties (BITs). These investment treaties act like economic bills of rights, which grant foreign investors substantive protections and procedural rights to facilitate investment. Sovereigns, meanwhile, may benefit from these treaties by obtaining increased foreign direct investment, which may promote the development of their country's infrastructure 6 and offer citizens basic services including access to clean water, …
Recreating The Western City In A Post-Industrialized World: European Brownfield Policy And An American Comparison, Andrew O. Guglielmi
Recreating The Western City In A Post-Industrialized World: European Brownfield Policy And An American Comparison, Andrew O. Guglielmi
Buffalo Law Review
No abstract provided.
Up Against A Wall: Europe’S Options For Regulating Biotechnology Through Regulatory Anarchy, Aaron A. Ostrovsky
Up Against A Wall: Europe’S Options For Regulating Biotechnology Through Regulatory Anarchy, Aaron A. Ostrovsky
ExpressO
Based on the current state of EU law and the political sentiment surrounding Genetically Modified Organisms, this paper argues that the best approach to regulating the import and export of GMOs into the Community and between Member States is by what I will call for the purposes of this Paper “regulatory anarchy.” This system sits in opposition to a hierarchical regulatory approach which may be associated with traditional neo-functionalist theories of Community integration. Applied in the context of GMOs, regulatory anarchy envisions integration not coming solely from Community rules conceived by the Commission, but by Member State negotiated rules accomplished …
Sovereignty, Self-Determination, And Environment-Based Cultures: The Emerging Voice Of Indigenous Peoples In International Law, Peter Manus
ExpressO
This article presents a survey of both the rhetoric and applications of international law addressing indigenous peoples' environmental rights. Part I assesses three terms that are widely used in international instruments - sovereignty, human rights, and self-determination - for their applicability to the environment-related interests of indigenous peoples. Part II presents a sixty year litany of international instruments as a means of tracing the evolution of global awareness of the uniquely vulnerable position that indigenous people occupy in the world community in connection with their environmental interests. Part III offers a comparative analysis of the cases Kitok v. Sweden and …
Getting Around The Gatt: Passing Gatt-Legal Legislation To Protect Marine Living Resources, Brad L. Milkwick
Getting Around The Gatt: Passing Gatt-Legal Legislation To Protect Marine Living Resources, Brad L. Milkwick
ExpressO
The WTO has been called, among other things, anti-environment. This is due in large part to the position that GATT dispute settlement panels have taken on environment-friendly legislation—such legislation is often struck down as being unduly restrictive of trade and therefore unenforceable under the GATT/WTO agreement. For example, in three seminal disputes that were brought before the GATT (often referred to as the Tuna/Dolphin I, Tuna/Dolphin II, and Shrimp/Turtle disputes), GATT dispute settlement bodies “recommended” against the United States and in favor of the countries which were allegedly engaging in environmentally-destructive practices. This article looks at those recommendations in some …
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.
A Hydrogeological Perspective Of The Status Of Ground Water Resources Under The Un Watercourse Convention, Gabriel Eckstein
A Hydrogeological Perspective Of The Status Of Ground Water Resources Under The Un Watercourse Convention, Gabriel Eckstein
Faculty Scholarship
When the U.N. General Assembly adopted the Convention on the Non-Navigational Uses of International Watercourses in 1997, it took a decisive step in recognizing the important role that transboundary ground water resources play in human progress and development. In so doing, it also acknowledged the need to establish principles of law governing this "invisible" but valuable natural resource. Transboundary ground water historically has been neglected in treaties, ignored in projects with international implications, and cursorily misunderstood in much of legal discourse.
While the Convention provides substantial clarification on the status of ground water under international law, it also leaves considerable …
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.
Sand Mining In Baja And Alta California, Harold Magistrale
Sand Mining In Baja And Alta California, Harold Magistrale
San Diego International Law Journal
This Comment will examine some geologic, environmental, and legal aspects of the international sand trade. Looking at the state of sand mining in both countries will demonstrate that the United States and Mexico have parallel regulatory structures and similar environmental concerns and will show how municipal and state officials in Baja California are ale to piggyback their economic concerns onto environmental regulations. This Comment will also examine the sand trade issue for lessons applicable to cross border trade and suggest a certification mechanism that would allow continued sand exports while preserving environmental safeguards.
State Responsibility And The High Seas Marine Environment: A Legal Theory For The Protection Of Seamounts In The Global Commons, Gregory D. Pendleton
State Responsibility And The High Seas Marine Environment: A Legal Theory For The Protection Of Seamounts In The Global Commons, Gregory D. Pendleton
Washington International Law Journal
At its latest session, the United Nations General Assembly urged States to consider a temporary ban on bottom trawling on the high seas. Bottom trawling technology causes extensive damage both to the habitat of deep sea living marine resources ("LMRs") and to the LMRs themselves. This damage is particularly acute at heavily fished undersea mountains known as seamounts. The pronouncement by the General Assembly, while certainly a positive step, is another unfortunate example of short-sighted fisheries management: instead of creating a legitimate protection regime—such as a moratorium or a system of High Seas Marine Protected Areas ("HSMPA")—for these rare and …
The Pros And Cons Of The Wto’S Sanitary And Phytosanitary Agreement: Us V. Eu Approaches, David Wirth
The Pros And Cons Of The Wto’S Sanitary And Phytosanitary Agreement: Us V. Eu Approaches, David Wirth
David A. Wirth
No abstract provided.
Review Of Experience To Date With Article 13 Of The North American Agreement On Environmental Cooperation, David Wirth
Review Of Experience To Date With Article 13 Of The North American Agreement On Environmental Cooperation, David Wirth
David A. Wirth
No abstract provided.
Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis
Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis
ExpressO
This paper analyzes water as a social justice issue in South Africa, a nation that has undergone tremendous political and legal transformations over the last fifteen years, but whose population nonetheless continues to suffer from severe inequities in access to freshwater resources. In light of growing water scarcity worldwide, this paper highlights that legal treatment of water resources has significant socioeconomic and distributive justice impacts, even in progressive constitutional democracies that have embraced principles of human rights and international legal norms. The paper explores historical changes in South African water law and evaluates the current political and legal status of …
Debacle In Dixie: A Story Of Six Rivers, Three States, Two Compacts And One Well-Paved Path, George William Sherk
Debacle In Dixie: A Story Of Six Rivers, Three States, Two Compacts And One Well-Paved Path, George William Sherk
Publications
No abstract provided.
Delawate River Basin Compact, Jeffrey Featherstone
Against Sustainable Development Grand Theory: A Plea For Pragmatism In Resolving Disputes Involving International Trade And The Environment, Robert F. Blomquist
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.
Equitable And Reasonable Use Of Water In The Euphrates-Tigris River Basin, Prof. Elizabeth Burleson
Equitable And Reasonable Use Of Water In The Euphrates-Tigris River Basin, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
The geopolitics of the Euphrates-Tigris River Basin are marked by a scarcity of both water and trust. Management of transboundary water resources has become one of the most significant challenges to the international community. Limited territorial sovereignty is emerging as a customary rule of international law and is supported by the Convention on the Law of Non-navigational Uses of International Watercourses, the Gabcikovo-Nagymaro case, a growing number of regional water treaties, and the majority of the most highly qualified scholars. The International Court of Justice has condemned unilateral action. Joint water management commissions and authorities enhance adaptable co-riparian cooperation. By …
Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson
Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
European human rights law and multilateral conventions have raised United States death penalty policy to an international level. Treaties and international institutions have impacted the extradition of capital offenders and influenced the development of human rights law within the United States. Refusal to extradite without assurances that the death penalty will not be imposed has continuing ramifications for the implementation of transnational counter-terrorism measures. Determining a contemporary standard of decency regarding cruel and unusual punishment, what shocks the public conscious, or what constitutes torture depends upon what societal parameters one uses. The Supreme Court's readiness to examine international developments in …
The Carbon Emissions Market Bottoms Out In One South African Community, Rachael Moshman
The Carbon Emissions Market Bottoms Out In One South African Community, Rachael Moshman
Sustainable Development Law & Policy
No abstract provided.
The Vivendi-Argentina Water Dispute: Icsid Creates New Arbitration Tribunal To Hear The Longest Running Case On Its Docket, Malissa Khumprakob
The Vivendi-Argentina Water Dispute: Icsid Creates New Arbitration Tribunal To Hear The Longest Running Case On Its Docket, Malissa Khumprakob
Sustainable Development Law & Policy
No abstract provided.
International Environmental Law, The Public's Health, And Domestic Environmental Governance In Developing Countries , William Onvizu
International Environmental Law, The Public's Health, And Domestic Environmental Governance In Developing Countries , William Onvizu
American University International Law Review
No abstract provided.
The Challenge Of Battling Privatization: A Case Study Of Swedish Water Companies, Erin Webreck
The Challenge Of Battling Privatization: A Case Study Of Swedish Water Companies, Erin Webreck
Sustainable Development Law & Policy
No abstract provided.
World News , Kevin Gallagher, Rachael Moshman, Chris Mcchesney, Kelly Rain
World News , Kevin Gallagher, Rachael Moshman, Chris Mcchesney, Kelly Rain
Sustainable Development Law & Policy
No abstract provided.
Facing Arbitration For Environmental Regulation: Arbitration Under Chapter 11 Of The North American Free Trade Agreement Between Methanex Corporation And The United States Of America , Rekha Rao
Sustainable Development Law & Policy
No abstract provided.
Improving Water Governance Through Increased Public Access To Information And Participation, Karin M. Krchnak
Improving Water Governance Through Increased Public Access To Information And Participation, Karin M. Krchnak
Sustainable Development Law & Policy
No abstract provided.
Editors' Note, Melanie Nakagawa, Kirk Herbertson
Editors' Note, Melanie Nakagawa, Kirk Herbertson
Sustainable Development Law & Policy
No abstract provided.
Volume 5 Issue 2 , Sustainable Development Law & Policy
Volume 5 Issue 2 , Sustainable Development Law & Policy
Sustainable Development Law & Policy
No abstract provided.