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Articles 1 - 24 of 24
Full-Text Articles in International Law
Pacific Islands And The U.S. Military: The Legal Borderlands Of The Environmental Movement, Sonia Lei
Pacific Islands And The U.S. Military: The Legal Borderlands Of The Environmental Movement, Sonia Lei
Seattle University Law Review
Climate change remains an urgent, ongoing global issue that requires critical examination of institutional polluters. This includes the world’s largest institutional consumer of petroleum: the United States military. The Department of Defense (DoD) is a massive institution with little oversight, a carbon footprint spanning the globe, a budget greater than the next ten largest nations combined, and overly generous exemptions to environmental regulations and carbon reduction targets. This Comment examines how this lack of accountability and oversight plays out in the context of three Pacific islands that have hosted U.S. military bases for decades. By considering the environmental impact of …
Unclos, Undrip & Tartupaluk: The Grim Tale Of Hans Isle And Graense, Christopher Mark Macneill
Unclos, Undrip & Tartupaluk: The Grim Tale Of Hans Isle And Graense, Christopher Mark Macneill
Sustainable Development Law & Policy
“Inuit have lived in the Arctic from time immemorial.” The Arctic, in the face of climate change, has become a hot spot for exploration, resource extraction, and increased shipping and scientific activity. “[The] Inuit . . . have had a common and shared use of the sea area and the adjacent coasts” among their own communities, and contemporaneously with the world. This vast circumpolar Inuit Arctic region includes land, sea, and ice stretching from eastern Russia (Chukotka region) across the Berring Strait, to Alaska, the Canadian Arctic, and Greenland, representing an Inuit homeland known as Nunaat. Hans Isle, a small …
Transboundary Air Pollution In Northeast Asia: Two Pathways Forward For China And South Korea, Yeeun Uhm, Creighton Barry
Transboundary Air Pollution In Northeast Asia: Two Pathways Forward For China And South Korea, Yeeun Uhm, Creighton Barry
Sustainable Development Law & Policy
Simply put, air pollution kills. Each year, more than 5.5 million people die from illnesses caused by breathing polluted air worldwide. In 2013 alone, one in ten deaths globally were associated with air pollution. Such alarming statistics ought to provide governments a strong incentive to combat air pollution, but toxic air unrelentingly blankets places like New Delhi, Seoul, and Bangkok. Fundamentally, this may be because humans take the atmosphere for granted as a place to dump industrial waste. This article will discuss two alternative pathways to addressing transboundary air pollution between China and South Korea. One involves binding international dispute …
Getting The Most Out Of Extractive Industries Transparency: How A More Explicit Treatment Of Political Considerations Could Strengthen The Impact Of Transparency Efforts, Columbia Center On Sustainable Investment
Getting The Most Out Of Extractive Industries Transparency: How A More Explicit Treatment Of Political Considerations Could Strengthen The Impact Of Transparency Efforts, Columbia Center On Sustainable Investment
Columbia Center on Sustainable Investment Staff Publications
Work on transparency in the extractive industries (EI) has achieved important successes over the last two decades. For example, significant commitments to disclosure have been secured, the volume of publicly available information about critical activities has increased considerably, and norms around certain information being in the public domain have been established. There is also a growing library of use cases for this information. Nonetheless, important work remains to be done to translate these efforts into impact.
Political context is crucial to determining the fate of transparency efforts. Therefore, grappling with political context more effectively will also be key to unlocking …
Transnational Perspectives On The Paris Climate Agreement Beyond Paris: Redressing American Defaults In Caring For Earth’S Biosphere, Nicholas A. Robinson
Transnational Perspectives On The Paris Climate Agreement Beyond Paris: Redressing American Defaults In Caring For Earth’S Biosphere, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Anxiety about the fate of human civilization is rising. International Law has an essential role to play in sustaining community of nations. Without enhancing International Environmental Law, the biosphere that sustains all nations is imperiled. Laws in the United States can either impede or advance global environmental stewardship. What is entailed in such a choice?
The biosphere is changing. At a time when extraordinary technological prowess allows governments the capacity to know how deeply they are altering Earth's biosphere, nations experience a perverse inability to cooperate together. The Arctic is melting rapidly, with knock on effects for sea level rise …
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework, Esteban Salcedo
Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework, Esteban Salcedo
Ocean and Coastal Law Journal
Using a legal history methodology, this paper examines existing marine renewable energy law and policy in Nova Scotia with a focus on its application in the Bay of Fundy. This paper critically assesses the current approach to coastal management in light of recent recommendations summarized in the Fournier report. This paper argues that, despite clear calls to develop integrated ocean management and marine spatial planning in policies and regulations, Canada and Nova Scotia have failed to do so because of unclear federal-provincial boundaries. Ambiguous domestic borders in the Bay of Fundy have been at the source of an overly cautious, …
The International Law Commission And The Progressive Development And Codification Of Principles Of International Environmental Law, Nilüfer Oral
FIU Law Review
No abstract provided.
Foundations For Sustainable Development: Harmonizing Islam, Nature And Law, Norah Bin Hamad
Foundations For Sustainable Development: Harmonizing Islam, Nature And Law, Norah Bin Hamad
Dissertations & Theses
Human society is weakening Earth’s environment, its only home. In 2015, nations agreed on a new set of Sustainable Development Goals (SDGs) to guide restoring and sustaining the wellbeing of peoples everywhere. If the SDGs are to succeed, all cultural and religious communities will need to urgently implement them. Islam offers a holistic view of God’s creation and the Qur’an clearly sets forth duties to care for the Earth. In the past, most people have ignored the world-wide trends of environmental degradation which scientist have reported. There is a pressing need to expand education and public awareness about the threats …
Shooting Stars And Dancing Fish: A Walk To The World We Want, Tony Oposa
Shooting Stars And Dancing Fish: A Walk To The World We Want, Tony Oposa
Environmental Law Program Publications @ Haub Law
From the foreword by Durwood Zaelke, President, Institute for Governance & Sustainable Development, Washington, DC.
“Since the beginning of time, human knowledge and culture have been passed down through stories. Short stories, songs, prayers, poems, even paintings can stick in your mind forever. These have always been the most powerful ways we learn and remember.
Tony is not only one of the world’s greatest lawyers, he is also one of the world’s greatest storytellers.
This book, in which he generously shares his experiences, his scars, and most importantly his humanity, is Tony’s gift to generations to come.
But he does …
Corporate Agricultural Investment And The Right To Food: Addressing Disparate Protections And Promoting Rights-Consistent Outcomes, Kaitlin Y. Cordes, Anna Bulman
Corporate Agricultural Investment And The Right To Food: Addressing Disparate Protections And Promoting Rights-Consistent Outcomes, Kaitlin Y. Cordes, Anna Bulman
Columbia Center on Sustainable Investment Staff Publications
Over the past decade, the world has witnessed heightened corporate interest in large-scale land-based agricultural investment. While such investments can potentially have positive effects for local communities, they also can have wide-ranging negative impacts on human rights, including through forced displacement and the loss of livelihoods. This Article examines the impact of large-scale corporate agricultural investment on the right to food, as well as on human rights more generally. It considers the protections offered by the investment and human rights legal regimes to both corporations and individuals, including recent international developments relating to transnational corporate accountability and efforts to integrate …
Thawing Out: The Role Of The Arctic Council Service In A Melting Arctic, Taylor J. Enos
Thawing Out: The Role Of The Arctic Council Service In A Melting Arctic, Taylor J. Enos
Pell Scholars and Senior Theses
With the changing natural and political climate of the Arctic, conflicts over resource extraction and navigation will become inevitable. Empowering an intergovernmental institution like the Arctic Council Service may be the only solution. This paper analyzes the importance and history of the Arctic as a political environment, which is prone to abuse in the very near future at the hands of Russia and the United States.
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 21st century and it affects everyone. By using …
Conceptualizing Climate Justice In Kivalina, Marissa Knodel
Conceptualizing Climate Justice In Kivalina, Marissa Knodel
Seattle University Law Review
Due to climate change, indigenous communities in Alaska are forced to develop in ways that adversely affect their livelihoods and culture. For example, decreases in sea ice, increases in the frequency of sea storms, and melting permafrost have so accelerated the erosion of one barrier island that an entire village faces relocation. These indigenous communities, which have contributed little to causing climate change, are limited in their ability to adapt. After examining three broad questions about the effects of climate change on indigenous communities, this Article reaches four preliminary conclusion about relocation as a climate adaptation strategy and its relations …
The Implementation Gap: What Causes Laws To Succeed Or Fail?, David Barnhizer
The Implementation Gap: What Causes Laws To Succeed Or Fail?, David Barnhizer
David Barnhizer
It is important to go behind the “paper systems” many countries and private sector actors have created to manufacture the appearance of commitments to responsible economic activity, environmental protection and social justice. This produces the need to penetrate the veils that mask governments’ “apparent compliance” with the terms of sustainable development, and to be honest about the inability of voluntary codes of practice to shape the behavior of business and government. Implementation requires effective systems to carry out the law and policy mandates. Laws and policies are often poorly designed or deliberately sabotaged in their creation, but in many instances …
The Reality Of Business And Governmental Decision-Making In The Context Of Sustainable Development, David Barnhizer
The Reality Of Business And Governmental Decision-Making In The Context Of Sustainable Development, David Barnhizer
David Barnhizer
It is absolutely rational for economic actors and decision-makers to seek to operate in their own self-interest. The challenge for anyone who wishes to influence or alter the process lies in knowing where that self-interest lies and changing the nature of the self-interest if that is required or possible. That is a far greater challenge than many understand because regardless of what we might like to do in our personal lives, it is the institution within which we work that dictates how we think and what we value in our service to that institution. Given the short time frame within …
New “Architecture” And Revitalizing The Un Global Compact, David Barnhizer
New “Architecture” And Revitalizing The Un Global Compact, David Barnhizer
David Barnhizer
Some advocates of sustainable development possess an almost theological faith in what I refer to as “rhetorical” sustainable development as the path to providing for the sound future of human civilizations and critical ecological systems. Simply put, if we try to think “too big” and “bite off too much” then the system we are trying to control or influence consumes us and our resources and we fail miserably. There is real and predictable danger in grandeur. This means we need to think about achieving sustainability in very specific and concrete terms applied to clear goals and an honest understanding of …
The Real Challenge To The Polish Revolution: Cleaning The Polish Environment Through Privatization And Preventive Market-Based Incentives, G. Nelson Smith Iii
The Real Challenge To The Polish Revolution: Cleaning The Polish Environment Through Privatization And Preventive Market-Based Incentives, G. Nelson Smith Iii
Pepperdine Law Review
No abstract provided.
Zambezi Valley Development Study, Lisa E. Sachs, Perrine Toledano
Zambezi Valley Development Study, Lisa E. Sachs, Perrine Toledano
Columbia Center on Sustainable Investment Staff Publications
In June 2011, CCSI released a consultative draft report on Resource-Based Sustainable Development in the Lower Zambezi Basin, the result of a year-long inquiry into how the vast resource deposits in Tete province, combined with other major investments along the Nacala and Beira corridors, can be the basis for sustainable, equitable and inclusive growth in the Lower Zambezi Basin.
The report recommends a framework of actions by Mozambique and its public and private partners to ensure that Mozambique reaps a major boost to economic development from its vast resource endowments, while also respecting the profitability of private-sector investments in …
Carbon Capture And Storage: An Option For Helping To Meet Growing Global Energy Demand While Countering Climate Change, Victor K. Der
Carbon Capture And Storage: An Option For Helping To Meet Growing Global Energy Demand While Countering Climate Change, Victor K. Der
University of Richmond Law Review
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.
Assessing The Options For Designing A Mandatory U.S. Greenhouse Gas Reduction Program, Robert R. Nordhaus, Kyle W. Danish
Assessing The Options For Designing A Mandatory U.S. Greenhouse Gas Reduction Program, Robert R. Nordhaus, Kyle W. Danish
ExpressO
The United States faces growing pressure – both from domestic and international sources – to adopt a mandatory greenhouse gas reduction program to address the risk of global climate change. If policy-makers decide to establish such a program, they could end up creating an environmental regulatory regime of potentially unprecedented scope and impacts. A domestic greenhouse gas program could break ground in other ways too. Many policy-makers are considering innovative market-based approaches to regulation, including a multi-billion dollar economy-wide “cap-and-trade” program. In this paper, we: (1) set forth criteria for evaluating program options; (2) analyze the leading design options and …
Transactional, Social, And Legal Aspects Of Oil Exploration And Extraction In Colombia, Juan Carlos Palau
Transactional, Social, And Legal Aspects Of Oil Exploration And Extraction In Colombia, Juan Carlos Palau
Northwestern Journal of International Law & Business
In Colombia, as in many other countries with oil reserves potential, the government has sought to reduce the activity's inherent high degree of un-certainty by shaping the legal and economic environment that foreign com-panies have to operate in, making it more profitable and attractive for them.16 This paper seeks to accurately represent this environment to the pro-spective investor, starting with the structures of the two basic transactions, referred to herein as "modes", through which most commonly, foreign com-panies participate in the oil industry in Colombia, namely, the Standard As-sociation Mode ("S.A.M") and the Risk Sharing Mode ("R.S.M.").17 The contractual agreements …
Agenda: Proceedings Of The Sino-American Conference On Environmental Law, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Proceedings Of The Sino-American Conference On Environmental Law, University Of Colorado Boulder. Natural Resources Law Center
Proceedings of the Sino-American Conference on Environmental Law (August 16)
On August 16 through 18, 1987 a delegation of 10 Americans met with a 14-member Chinese delegation to compare the systems of environmental law in the two countries. The meetings were held on and near the campus of the University of Peking in Beijing, People's Republic of China. This program was the fruition of nearly three years of discussion, planning, and organization involving Dean Betsy Levin and the Natural Resources Law Center.
The keynote speaker was Qu Geping, Director of the Chinese National Environmental Protection Bureau (comparable to the Administrator of the U.S. Environmental Protection Agency). He spoke of the …