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Full-Text Articles in Life Sciences
International Law, State Sovereignty And Transboundary Waters, Aguinaldo Alemar
International Law, State Sovereignty And Transboundary Waters, Aguinaldo Alemar
Aguinaldo Alemar
The current status of transboundary water resources is to claim a more proactive posture by the sovereign states, mainly those having large reserves of fresh water shared. This new posture involves actions between the states as a key condition to the success of any enterprise that aims to protect the environment. It intends to prove that other actors - national and international - are already mobilizing themselves to consider water as a "common heritage of mankind" and, as such, water must be considered above the classical concepts of sovereignty and territory, excelling by the humanitarian interest that it arouses. At …
Beyond The Liability Wall: Strengthening Tort Remedies In International Environmental Law, Noah Sachs
Beyond The Liability Wall: Strengthening Tort Remedies In International Environmental Law, Noah Sachs
Noah Sachs
Despite decades of effort, the international community has stumbled in attempts to craft tort remedies for victims of transboundary environmental damage. More than a dozen civil liability treaties have been negotiated that create causes of action and prescribe liability rules, but few have entered into force, and most remain unadopted orphans in international environmental law. In this Article, I explain the problematic record of tort liability regimes by developing a theoretical model of liability negotiations, grounded in regime theory from political science. Based on the model, I conclude that negotiated liability regimes have foundered because of three main roadblocks: 1) …