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Full-Text Articles in International Law
Keeping It Legal: Transboundary Management Challenges Facing Brazil And The Guarani, David Cassuto
Keeping It Legal: Transboundary Management Challenges Facing Brazil And The Guarani, David Cassuto
David N Cassuto
This paper examines the legal and ecological problems facing the Guarani Aquifer System. Because the majority of the Guarani Aquifer System underlies Brazil, the Brazilian legal regime forms the paper’s principal focus. The importance of the region makes the need for accurate information crucial. Yet relying on such information to manage a complex resource presents risks. Too often, the role of uncertainty in regulating is underplayed. Increasing knowledge over the resource demands categorizing “hard” and “soft” uncertainties, especially those presented by climate change. In addition, regulators must acknowledge the unitary nature of the aquifer while remaining sensitive to differing national …
Adjudication Supervision And Judicial Independence In The P.R.C., Margaret Woo
Adjudication Supervision And Judicial Independence In The P.R.C., Margaret Woo
Margaret Y. K. Woo
This article examines how the judicial committee and the concept of “supervision” operate to enable and constraint judicial independence in the People’s Republic of China. By allowing the liberal reopening of final judgments, adjudication supervision can ensure justice by allowing the correction of errors but it can also place enormous institutional constraints on individual judicial work. Adjudication supervision reflects the belief that individual judicial work must be subjected to supervision by the masses, legal institutions such as the procuracy, and the state. Ultimately, judicial independence in China means the independence of the court as a whole and not the work …