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Articles 1 - 25 of 25

Full-Text Articles in International Law

Responsible Resource Development: A Strategic Plan To Consider Social And Cultural Impacts Of Tribal Extractive Industry Development, Carla F. Fredericks, Kate Finn, Erica Gajda, Jesse Heibel Jan 2018

Responsible Resource Development: A Strategic Plan To Consider Social And Cultural Impacts Of Tribal Extractive Industry Development, Carla F. Fredericks, Kate Finn, Erica Gajda, Jesse Heibel

Publications

This paper presents a strategic, solution-based plan as a companion to our recent article, Responsible Resource Development and Prevention of Sex Trafficking: Safeguarding Native Women and Children on the Fort Berthold Reservation, 40 Harv. J.L. Gender 1 (2017). As a second phase of our work to combat the issues of human trafficking and attendant drug abuse on the Mandan, Hidatsa and Arikara Nation (MHA Nation), we developed a strategic plan to better understand the time, scale, and capacity necessary to address the rising social problems accompanying the boom of oil and gas development there. During our process, we discovered, …


Operationalizing Free, Prior, And Informed Consent, Carla F. Fredericks Jan 2017

Operationalizing Free, Prior, And Informed Consent, Carla F. Fredericks

Publications

The UN Declaration on the Rights of Indigenous Peoples (UNDRIP) has acknowledged varying ways in which international actors can protect, respect and remedy the rights of indigenous peoples. One of these methods is the concept of free, prior and informed consent (FPIC) as described in Articles 10, 19, 28 and 29. There has been much debate in the international community over the legal status of the UNDRIP, and member states have done little to implement it. In applied contexts, many entities like extractive industries and conservation groups are aware of risks inherent in not soliciting FPIC and have endeavored to …


Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The Republic Of The Congo, S. James Anaya Jan 2015

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The Republic Of The Congo, S. James Anaya

Publications

No abstract provided.


Introduction, S. James Anaya Jan 2015

Introduction, S. James Anaya

Publications

No abstract provided.


Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On Extractive Industries And Indigenous Peoples, S. James Anaya Jan 2015

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On Extractive Industries And Indigenous Peoples, S. James Anaya

Publications

No abstract provided.


Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In Canada, S. James Anaya Jan 2015

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In Canada, S. James Anaya

Publications

No abstract provided.


Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Maori People In New Zealand, S. James Anaya Jan 2015

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Maori People In New Zealand, S. James Anaya

Publications

No abstract provided.


They Had Nothing, Charles Wilkinson Jan 2015

They Had Nothing, Charles Wilkinson

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No abstract provided.


Beyond Adjudication: Resolving International Resource Disputes In An Era Of Climate Change, Anna Spain Jan 2011

Beyond Adjudication: Resolving International Resource Disputes In An Era Of Climate Change, Anna Spain

Publications

This Article examines the role of international adjudication as a mechanism for resolving international disputes and promoting global peace and security in an era of climate change. The central claim is that adjudication has limitations that make it ineffective as a tool for resolving international resource disputes. The Article argues that adjudication is limited due to source and process challenges and it illustrates this claim by reviewing cases adjudicated by the International Court of Justice, the Permanent Court of Arbitration and other international courts and tribunals. Four categories of adjudication limitation emerge: a) cases where the parties refused to submit …


Climate Change, Fragmentation, And The Challenges Of Global Environmental Law: Elements Of A Post-Copenhagen Assemblage, William Boyd Jan 2010

Climate Change, Fragmentation, And The Challenges Of Global Environmental Law: Elements Of A Post-Copenhagen Assemblage, William Boyd

Publications

The 2009 United Nations climate conference in Copenhagen has been widely viewed as a failure -a referendum in the eyes of many on the top-down, comprehensive approach to climate governance embodied in the Kyoto Protocol and carried forward in efforts to negotiate a successor regime. Despite a modest agreement on future work toward a new agreement, the most recent climate meeting in Cancún, Mexico reinforces this view, underscoring the conclusion that Copenhagen represents an important inflection point for international climate policy. Although much of the post-Copenhagen commentary has correctly identified various problems, even fatal flaws, with the process, very little …


Indigenous Law And Its Contribution To Global Pluralism, James Anaya Jan 2007

Indigenous Law And Its Contribution To Global Pluralism, James Anaya

Publications

No abstract provided.


Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya Jan 2007

Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya

Publications

No abstract provided.


The Current State Of International Law, S. James Anaya Jan 2006

The Current State Of International Law, S. James Anaya

Publications

No abstract provided.


Rethinking The Great Lakes Compact, Mark Squillace Jan 2006

Rethinking The Great Lakes Compact, Mark Squillace

Publications

On December 13, 2005, the Governors and Premiers of the Great Lakes states and provinces signed a Compact and Agreement that commits the parties to a rigorous program to regulate individual water uses, with citizen suits to enforce the requirements. While the Great Lakes-St. Lawrence River Basin Water Resources Compact and companion Agreement are commendable in many respects, this Article argues that people who care about the future of the Great Lakes should urge policymakers to reject the current proposals and rethink the entire approach. The proposed compact is fundamentally flawed and will not achieve the ultimate stated goal of …


Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya Jan 2005

Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya

Publications

In this article renowned scholar S. James Anaya analyzes the divergent assessments of international law's treatment of indigenous peoples' demands to lands and natural resources. The author explores several strains of arguments that have been advanced within this debate, including state-centered arguments and human rights-based arguments. The author also examines the shortcomings of recurring interpretive approaches to international law that consider indigenous peoples' rights to land and resources. From this analysis the author identifies a more promising approach within the human rights framework--which he describes as a realist approach--that focuses on the confluence of values, power, and change. The author …


A Property Rights Approach To Sacred Sites Cases: Asserting A Place For Indians As Nonowners, Kristen A. Carpenter Jan 2005

A Property Rights Approach To Sacred Sites Cases: Asserting A Place For Indians As Nonowners, Kristen A. Carpenter

Publications

Although the Free Exercise Clause prohibits governmental interference with religion, American Indians have been unsuccessful in challenging government actions that harm tribal sacred sites located on federal public lands. The First Amendment dimensions of these cases have been well studied by scholars, but this Article contends that it is also important to analyze them through a property law lens. Indeed, the Supreme Court has treated the federal government's ownership of public lands as a basis for denying Indian religious freedoms claims. This Article contends that such holdings rely on an "ownership model" of property law wherein the rights of the …


Indigenous Peoples’ Participatory Rights In Relation To Decisions About Natural Resource Extraction: The More Fundamental Issue Of What Rights Indigenous Peoples Have In Lands And Resources, James Anaya Jan 2005

Indigenous Peoples’ Participatory Rights In Relation To Decisions About Natural Resource Extraction: The More Fundamental Issue Of What Rights Indigenous Peoples Have In Lands And Resources, James Anaya

Publications

No abstract provided.


International Human Rights And Indigenous Peoples: The Move Toward The Multicultural State, S. James Anaya Jan 2004

International Human Rights And Indigenous Peoples: The Move Toward The Multicultural State, S. James Anaya

Publications

No abstract provided.


Managing Interjurisdictional Waters Under The Great Lakes Charter Annex, Mark Squillace, Sandra Zellmer Jan 2003

Managing Interjurisdictional Waters Under The Great Lakes Charter Annex, Mark Squillace, Sandra Zellmer

Publications

No abstract provided.


Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya Jan 2000

Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya

Publications

No abstract provided.


The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya Jan 1996

The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya

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No abstract provided.


A True Comprehensive Approach, Lakshman Guruswamy Jan 1992

A True Comprehensive Approach, Lakshman Guruswamy

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No abstract provided.


Competing Demands For The Colorado River, David H. Getches Jan 1985

Competing Demands For The Colorado River, David H. Getches

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No abstract provided.


The Law Of The Pacific Salmon Fishery: Conservation And Allocation Of A Transboundary Common Property Resource, Charles F. Wilkinson, Daniel Keith Conner Jan 1983

The Law Of The Pacific Salmon Fishery: Conservation And Allocation Of A Transboundary Common Property Resource, Charles F. Wilkinson, Daniel Keith Conner

Publications

No abstract provided.


Weather Modification: Law And Administration, James N. Corbridge Jr., Raphael J. Moses Jan 1968

Weather Modification: Law And Administration, James N. Corbridge Jr., Raphael J. Moses

Publications

No abstract provided.