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Articles 1 - 5 of 5
Full-Text Articles in International Law
Oil, Gas, And Rhesus Monkeys: A New Framework For Natural Resources Under The Commercial Activity Exception, Madelaine J. Horn
Oil, Gas, And Rhesus Monkeys: A New Framework For Natural Resources Under The Commercial Activity Exception, Madelaine J. Horn
Cornell International Law Journal
The Foreign Sovereign Immunities Act of 1976 (FSIA) constitutes an exception for sovereign states to the normal jurisdictional rules that govern when parties are subject to suit in US courts. The commercial activity provision is a carveout within that broad exception-it deprives sovereign states of their exceptional immunity when they engage in commercial conduct. Within this framework, courts have used the natural resource rule to circumvent the commercial activity carveout and restore immunity to sovereign states. This Note argues that the rule should be abandoned in favor of a much more limited test, thereby increasing the number of sovereign states …
Dam(N) Displacement: Compensation, Resettlement, And Indigeneity, Stephen R. Munzer
Dam(N) Displacement: Compensation, Resettlement, And Indigeneity, Stephen R. Munzer
Cornell International Law Journal
Hydroelectric dams produce electricity, provide flood control, and improve agricultural irrigation. But the building and operation of these dams frequently involve forced displacement of local communities. Displacement often has an outsized impact on indigenous persons, who are disproportionately poor, repressed, and politically marginalized. One can limit these adverse effects in various ways: (1) taking seriously the ethics of dam-induced development, (2) rooting out corruption, (3) paying compensation at or near the beginning of dam projects, (4) using land-for-land exchanges, (5) disbursing resettlement funds as needed until displaced persons are firmly established in their new locations, and (6) having entities that …
False Sanctuary: The Australian Antarctic Whale Sanctuary And Long-Term Stability In Antarctica, Donald K. Anton
False Sanctuary: The Australian Antarctic Whale Sanctuary And Long-Term Stability In Antarctica, Donald K. Anton
Cornell Law School Berger International Speaker Papers
The recent assertion of maritime adjudicative jurisdiction by Australian courts over a Japanese whaling company for acts contrary to Australian law in the Antarctic Southern Ocean is alarming. Private litigation, based on an internationally disputed claim to sovereignty over Antarctic territory and a further contested claim to an EEZ appurtenant to that territory, ought not to serve as a proxy for cooperative (and hopefully effective) international management of the Antarctic environment. The big danger is that if other states follow Australia's lead in claiming sovereign rights and exercising attendant jurisdiction the chances of natural resource over-exploitation and environmental harm in …
The Legal Justifications For A People-Based Approach To The Control Of Mineral Resources In The Democratic Republic Of The Congo, Dunia P. Zongwe
The Legal Justifications For A People-Based Approach To The Control Of Mineral Resources In The Democratic Republic Of The Congo, Dunia P. Zongwe
Cornell Law School Inter-University Graduate Student Conference Papers
The Democratic Republic of the Congo (DRC) is endowed with vast mineral wealth. However, although renewed activities in the mining sector ameliorated the DRC’s fiscal position and GDP growth in 2005-07, generally the peoples of the DRC neither participate in nor benefit from the exploitation of mineral resources. The problem is that the exploitation of mineral resources in the DRC go against the interests of the Congolese peoples. To be sure, the Congolese peoples are some of the poorest in the world. The main purpose of this paper is to explore the ways in which the peoples of the DRC …
Symposium The International Legal Regime For Antarctica: Introduction, John J. Barceló Iii
Symposium The International Legal Regime For Antarctica: Introduction, John J. Barceló Iii
Cornell Law Faculty Publications
No abstract provided.