International Law Commons^™

Patents And Plants: Rethinking The Role Of International Law In Relation To The Appropriation Of Traditional Knowledge Of The Uses Of Plants (Tkup), Ikechi Mgbeoji

PhD Dissertations

Legal control and ownership of plants and traditional knowledge of the uses of plants (TKUP) is often a vexed issue, particularly at the international level because of the conflicting interests of states or groups of states in the matter. The most widely used form of juridical control of plants and TKUP is the patent system which originated in Europe. This thesis rethinks the role of international law and legal concepts, the major patent systems of the world and international agricultural research institutions as they affect legal ownership and control of plants and TKUP. The analysis is cast in various contexts …

Indigenous Rights In International Law: A Focus On Extraction In The Arctic, Aine Healey Lawlor

Honors Projects

This paper seeks to evaluate the evolution and future of Indigenous rights in extractive industry on a global scale and uses the Arctic both to explore the complexity of these rights and to provide paths forward in advancing Indigenous self-determination. Indigenous rights lack a strong international foundation and are often dependent upon local and domestic regimes, yet this reality is currently shifting. The state of extraction internationally, particularly in the Arctic, is also facing major uncertainty in the coming decades as demand continues to rise. Indigenous rights and the rules governing extractive industry intersect because much of the world’s remaining …

Establishing State Responsibility In Mitigating Climate Change Under Customary International Law, Vanessa S.W. Tsang

LL.M. Essays & Theses

As acknowledged in the Paris Agreement’s Preamble, climate change is a “common concern of humankind.” To tackle the anthropogenic greenhouse gases (GHGs) at source, State governments played a pivotal role in implementing climate change policies. It thus justifies the approach of looking into the solutions to climate change from a state responsibility perspective. As mentioned by James Crawford, “[a]ny system of law must address the responsibility of its subjects for breaches of their obligations.” The finding of state responsibility in mitigating climate change will complement the treaty-based climate change regime, providing grounds for climate change litigations and policy formulation.

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Island Invasion: The Silent Crisis In Hawaii, Sophia Janssen

Pomona Senior Theses

Keeping out invasive species may, upon first review, seem like a trivial environmental cry from ecologists and deep environmentalists; a belated wish to return to an undeveloped world where nature was pristine. However invasive species create problems that impact all of us and can have far more severe consequences than changing a stunning landscape. These problems are heightened in islands like Hawaii, where the fragile ecosystems have developed over centuries of evolution and adaptation. The introduction of a disease-carrying mosquito can put the people of Hawaii at risk to many vector-born illnesses and create an epidemic, taking human life. The …

A Future For A Forgotten Predator: Assessment Of The Global And Regional Legal Frameworks For Protection And Recovery Of The Caribbean Sawfishes Pristis Pristis And Pristis Pectinata And Recommendations For The Course Forward, Olga Koubrak

LLM Theses

Two species of sawfish, Pristis pristis and Pristis pectinata, used to be common in the coastal waters of the Caribbean Region. However, due to direct and incidental fishing pressures, national and international trade in body parts, and habitat loss, the populations of these ecologically and culturally significant species have drastically declined. This thesis identifies and reviews global and regional, binding and non-binding legal instruments in effect in the Caribbean Region that encourage states to protect biodiversity in general or address identified threats to sawfishes specifically. Despite the presence of obligations that call upon states to adopt sawfish conservation and habitat …

The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna

Master's Theses

Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21^st century and it affects everyone. By using …

Protecting Ecosystems, Culture, And Human Rights In Chile Through Indigenous And Community-Conserved Territories And Areas, William G. Crowley

Capstone Collection

In environmental conservation circles around the world, the contributions of indigenous peoples and local communities to the sustainable maintenance of ecosystems and natural resources are being given increased attention. Whether for cultural, spiritual, economic, or other purposes, the use of traditional and local knowledge of habitat and resource management is slowly making its way into the modern environmental movement, and is being incorporated into the dominant conservation paradigms. These managed areas, known as Indigenous and Community-Conserved Territories and Areas, or ICCAs, are defined by the International Union for Conservation of Nature as “natural and/or modified ecosystems containing significant biodiversity …

Protecting Ecosystems, Culture, And Human Rights In Chile Through Indigenous And Community-Conserved Territories And Areas, William G. Crowley

Capstone Collection

In environmental conservation circles around the world, the contributions of indigenous peoples and local communities to the sustainable maintenance of ecosystems and natural resources are being given increased attention. Whether for cultural, spiritual, economic, or other purposes, the use of traditional and local knowledge of habitat and resource management is slowly making its way into the modern environmental movement. These managed areas, known as Indigenous and Community-Conserved Territories and Areas, or ICCAs, are defined by the International Union for Conservation of Nature as “natural and/or modified ecosystems containing significant biodiversity values, ecological services and cultural values, voluntarily conserved by …

Water In The 21st Century, Grayson Michael Shor

Social Sciences

The aim of this research project is to provide a comprehensive and global analysis of water use in order to provide the reader with a comprehensive grasp of current and impending issues. The included five (5) chapters discuss water distribution, conservation, purification, law, international development, economic debates, ethical consideration, as well as educated estimations of the effects water related issues may cause in the next one-hundred years.

Moving Towards Sustainable Coastal Development In South Asia By Linking Coastal Climate Change Adaptation With Integrated Coastal Zone Management Through The Instrumentality Of Law, Tony George Puthucherril

PhD Dissertations

For long, coastal management focused on the sustainable utilization of coastal resources and avoidance and management of conflict, as well as the promotion of complementarities between users. However, with rising sea levels and other climate change impacts, coastal management has become increasingly complex. This thesis investigates the legal instruments underpinning the management of coastal zones, exploring the concept of sustainable coastal development (SCD) and the relevance of the integrated coastal zone management (ICZM) process. Specifically, the discourse analyzes how law and legal regimes play a backbone role in strengthening and supporting ICZM implementation by facilitating the linkage between ICZM and …

Allocation Of Fishing Opportunities In Regional Fisheries Management Organizations: A Legal Analysis In The Light Of Equity, Maria Cecilia Engler Palma

LLM Theses

The allocation of fishing opportunities is one of the most difficult challenges for high seas fisheries management. There is an ongoing search for equitable and transparent allocation frameworks. This thesis explores whether, under what conditions, and with what shortcomings, a legal concept of equity can provide assistance in the development of such a framework. To this end, it reviews the historical origins of allocation of quotas in international fisheries, and summarizes the current global and regional legal frameworks for allocation and regional practices. It then analyzes whether intergenerational and intra-generational equity is considered in the international legal framework for high …

Mexico's Implementation Of The Biodiversity Convention And The Catagena Protocol In The Gmo Era: Challenges In Principles, Policies, And Practices, Juan Antonio Herrera

PhD Dissertations

Recent developments in genetic modification and the use of Living Modified Organisms (LMOs) in agriculture have ignited a debate over the potential effects of these organisms on biological diversity. This controversy materializes in the clash between the international environmental and trade regimes. Multilateral Environmental Agreements (MEAs), such as the 1992 Convention on Biological Diversity (CBD) focus on the preservation of biological diversity and, in the case of the Cartagena Protocol on Biosafety (Cartagena Protocol), the safe transfer of LMOs. These Agreements encourage States to base national decisions to allow LMO imports on environmental and risk assessments using the precautionary principle. …

International Fisheries Management: A Comparative Analysis Of Legal Approaches To Management In The Context Of Polar Fisheries Regimes, Stuart Bruce Kaye

PhD Dissertations

This thesis examines the management of marine living resources in international law. The thesis considers the development of the two principal approaches to fisheries management. The first approach is based upon maximising the yield of particular stocks, and is reflected in the content of the 1982 United Nations Convention on the Law of the Sea. It has evolved out of fisheries management theory developed since the 1950s, and focuses upon extracting the maximum harvest of a particular stock while still permitting that stock's biological regeneration. The second approach uses the precautionary principle, and may include management directed at the entire …