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Full-Text Articles in International Law

The Geography Of Climate Change Litigation: Implications For Transnational Regulatory Governance, Hari M. Osofsky Jul 2017

The Geography Of Climate Change Litigation: Implications For Transnational Regulatory Governance, Hari M. Osofsky

Hari Osofsky

This Article aims to forward the dialogue about transnational regulatory governance through a law and geography analysis of climate change litigation. Part II begins by considering fundamental barriers to responsible transnational energy production. Part III proposes a place-based approach to dissecting climate change litigation and a model for understanding its spatial implications. Parts IV through VI map representative examples of climate change litigation in subnational, national, and supranational fora. The Article concludes by exploring the normative implications of this descriptive geography; it engages the intersection of international law, international relations, and geography as a jumping-off point for a companion article.


Global Justice In The Anthropocene, Carmen G. Gonzalez May 2017

Global Justice In The Anthropocene, Carmen G. Gonzalez

Carmen G. Gonzalez


Scientists believe the world has entered a new geological epoch in which human economic activity is the primary driver of global environmental change. Known as the Anthropocene, this epoch is characterized by human domination and disruption of Earth system processes essential to the planet’s self-regulating capacity. The environmental problems of the Anthropocene are inextricably intertwined with patterns of trade, finance, investment, and production that have created an enormous and growing economic gap between and within affluent and poor countries. These divisions have often paralyzed international law-making, resulting in deadlocks in environmental treaty negotiations and agreements characterized by ambiguity, lack of …


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law …


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law …


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law …


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law …


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law …


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law …


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law …


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law …


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law …


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law …


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law …


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law …


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law …


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law …


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law …


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law …


The North-South Divide In International Environmental Law: Framing The Issues, Carmen G. Gonzalez, Sumudu Atapattu Aug 2015

The North-South Divide In International Environmental Law: Framing The Issues, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez

The unprecedented degradation of the planet’s vital ecosystems is among the most pressing issues confronting the international community. Despite the proliferation of legal instruments to combat environmental problems, conflicts between rich and poor nations (the North-South divide) have compromised the effectiveness of international environmental law, leading to deadlocks in environmental treaty negotiations and non-compliance with existing agreements. Through contributions from scholars based in five continents, International Environmental Law and the Global South examines both the historical origins of the North-South divide in European colonialism as well as its contemporary manifestations in a range of issues, including food justice, energy justice, …


International Environmental Law And The Global South, Carmen G. Gonzalez Aug 2015

International Environmental Law And The Global South, Carmen G. Gonzalez

Carmen G. Gonzalez

The unprecedented degradation of the planet’s vital ecosystems is among the most pressing issues confronting the international community. Despite the proliferation of legal instruments to combat environmental problems, conflicts between rich and poor nations (the North-South divide) have compromised the effectiveness of international environmental law, leading to deadlocks in environmental treaty negotiations and non-compliance with existing agreements. Through contributions from scholars based in five continents, International Environmental Law and the Global South examines both the historical origins of the North-South divide in European colonialism as well as its contemporary manifestations in a range of issues, including food justice, energy justice, …


Sustainable Cybersecurity: Applying Lessons From The Green Movement To Managing Cyber Attacks, Scott J. Shackelford, Tim Fort Jan 2015

Sustainable Cybersecurity: Applying Lessons From The Green Movement To Managing Cyber Attacks, Scott J. Shackelford, Tim Fort

Scott Shackelford

According to Frank Montoya, the U.S. National Counterintelligence Chief, “We’re an information-based society now. Information is everything. That makes . . . company executives, the front line – not the support mechanism, the front line – in [determining] what comes.”[1] Chief Montoya’s remarks underscore the central role played by the private sector in ongoing efforts aimed at enhancing cybersecurity, much like the increasingly vital role firms are playing in fostering sustainability. For example, according to Accenture surveys, the number of managers who consider sustainability to be critical to the future success of their organizations jumped from fifty to more …


An Other History Of Knowledge And Decision In Precautionary Approaches To Sustainability, Saptarishi Bandopadhyay Jul 2014

An Other History Of Knowledge And Decision In Precautionary Approaches To Sustainability, Saptarishi Bandopadhyay

Saptarishi Bandopadhyay

In this paper, I offer an alternative reading of precaution with the hope of recovering the capacity of this ethic to facilitate legal and political decisions. Despite being a popular instrument of international environmental governance, decision-makers continue to understand this principle as reflecting an immemorial and natural instinct for preserving the environment in cases of scientific uncertainty. Such a reading, however, ignores the history and moral basis underlying this principle and thereby renders it obvious, and automatically adaptable to the politics of Sustainable Development. By offering a thicker history of precautionary governance at exemplary moments of ecological crisis I trace …


The International Regulation Of Climate Engineering: Lessons From Nuclear Power, Jesse Reynolds Jun 2014

The International Regulation Of Climate Engineering: Lessons From Nuclear Power, Jesse Reynolds

Jesse Reynolds

Proposals for climate engineering—intentional large-scale interventions in climate systems—are increasingly under consideration as potential additional responses to climate change, yet they pose risks of their own. Existing international regulation of large-scale field testing and deployment is considered inadequate. This article looks to the closest existing analogy—nuclear power—for lessons, and concludes that climate engineering research will most likely be promoted and will not be the subject of a binding multilateral agreement in the near future. Instead, climate engineering and its research will probably be internationally regulated gradually, with an initially low degree of legalisation, and through a plurality of means and …


Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds Dec 2013

Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds

Jesse Reynolds

As forecasts for climate change and its impacts have become more dire, climate engineering proposals have come under increasing consideration and are presently moving toward field trials. This article examines the relevant international environmental law, distinguishing between climate engineering research and deployment. It also emphasizes the climate change context of these proposals and the enabling function of law. Extant international environmental law generally favors such field tests, in large part because, even though field trials may present uncertain risks to humans and the environment, climate engineering may reduce the greater risks of climate change. Notably, this favorable legal setting is …


International Environmental Law As An Art And A Craft, Jae-Hyup Lee May 2013

International Environmental Law As An Art And A Craft, Jae-Hyup Lee

Jae-Hyup Lee

This is a review article about Professor Daniel Bodansky's "The Art and Craft of International Environmental Law." The book provides an accessible, yet comprehensive, overview of international environmental law, a field that has undergone rapid development and has become one of the most important issues of our time. Although there are many treatises and casebooks on this subject, this single source stands out because of its thematic and pragmatic approaches to the problem. Author's characterization of international environmental law as an "art" and a "craft" quite convincing and every reader will enjoy reading this excellent book.


Poverty, Wealth, And Obligation In International Environmental Law, Mark A. Drumbl Jan 2013

Poverty, Wealth, And Obligation In International Environmental Law, Mark A. Drumbl

Mark A. Drumbl

Developing nations are demonstrating some success in basing their participation in international environmental governance upon commitments by developed nations to provide financial resources and technology transfer. In recent years, these commitments have achieved textual status with a number of multilateral agreements. Part II of this Article identifies and documents treaty-based examples of this swap of resources in exchange for participation, with particular focus on the areas of climate change, biodiversity use/conservation, and ozone protection. This Article suggests that this swap represents a dynamic and emerging relationship between the North and the South that can best be described as a "shared …


Climate Engineering Research: A Precautionary Response To Climate Change?, Jesse Reynolds, Floor Fleurke Dec 2012

Climate Engineering Research: A Precautionary Response To Climate Change?, Jesse Reynolds, Floor Fleurke

Jesse Reynolds

In the face of dire forecasts for anthropogenic climate change, climate engineering is increasingly discussed as a possible additional set of responses to reduce climate change’s threat. These proposals have been controversial, in part because they – like climate change itself – pose uncertain risks to the environment and human well-being. Under these challenging circumstances of potential catastrophe and risk-risk trade-off, it is initially unclear to what extent precaution is applicable. We examine what precaution is and is not, and make a prima facie case that climate engineering may provide means to reduce climate risks. When precaution is applied to …


Technology Transfer And Benefit Sharing Under The Biodiversity Convention, Peter Gottschalk Dec 2011

Technology Transfer And Benefit Sharing Under The Biodiversity Convention, Peter Gottschalk

Peter Gottschalk

No abstract provided.


The Global Food System, Environmental Protection, And Human Rights, Carmen G. Gonzalez Dec 2011

The Global Food System, Environmental Protection, And Human Rights, Carmen G. Gonzalez

Carmen G. Gonzalez

The global food system is exceeding ecological limits while failing to meet the nutritional needs of a large segment of the world’s population. While law could play an important role in facilitating the transition to a more just and ecologically sustainable food system, the current legal framework fails to regulate food and agriculture in an integrated manner. The international legal framework governing food and agriculture is fragmented into three self-contained regimes that have historically operated in isolation from one another: international human rights law, international environmental law, and international trade law. International trade law has taken precedence over human rights …


Екологізація Міжнародного Права Крізь Призму Екологічних Прав Людини | Ecologisation Of International Law Through The Prism Of Environmental Human Rights, Timur R. Korotkiy Dec 2011

Екологізація Міжнародного Права Крізь Призму Екологічних Прав Людини | Ecologisation Of International Law Through The Prism Of Environmental Human Rights, Timur R. Korotkiy

Timur R. Korotkiy

Короткий Т. Р. Екологізація міжнародного права крізь призму екологічних прав людини / Т. Р. Короткий // Актуальні проблеми політики : зб. наук. пр. / редкол.: С. В. Ківалов (голов. ред.), Л. І. Кормич (заст. голов. ред.), М. А. Польовий (відп. секр.) [та ін.] ; НУ «ОЮА», Південноукр. центр гендер. проблем. – Одеса, 2012. – Вип. 44. – С. 130-143. In the article analyzed the tendencies the ecologisation of international law through the prism of environmental human rights. Characterized the content of environmental-legal norms of international law and relationships of environmental human rights and international environmental law. В статті проаналізовані тенденції …