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Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell Oct 1995

Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell

Indiana Journal of Global Legal Studies

Professor O'Connell discusses the tradtional methods used for international law "enforcement," and she argues that international law is generally obeyed Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement, however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through domestic courts. …


The African Elephant, Africa, And Cites: The Next Step, Bill Padgett Apr 1995

The African Elephant, Africa, And Cites: The Next Step, Bill Padgett

Indiana Journal of Global Legal Studies

No abstract provided.