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Ktunaxa Nation V. British Columbia: A Historical And Critical Analysis Of Canadian Aboriginal Law, Jennifer Mendoza
Ktunaxa Nation V. British Columbia: A Historical And Critical Analysis Of Canadian Aboriginal Law, Jennifer Mendoza
Washington International Law Journal
Aboriginal law is a developing and emerging area of the law in Canada. In fact, Aboriginal rights were not constitutionally protected until the ratification of the Canadian Constitution in 1982. What followed was a series of precedent-setting cases that clarified what “rights” meant under Section 35 of the Constitution, how Aboriginal title and rights could be established, and what duty the federal government had to the First Nations when trying to infringe on those rights. In 2017, the Canadian Supreme Court heard Ktunaxa Nation v. British Columbia, which was the first case to interpret Aboriginal rights under Section 2(a) religious …
Trapped In The Goddess's Mousetrap: Equitable Solutions For Poverty Poaching Of Venus Flytraps, Katrina Outland
Trapped In The Goddess's Mousetrap: Equitable Solutions For Poverty Poaching Of Venus Flytraps, Katrina Outland
Washington Journal of Environmental Law & Policy
Most discussions of poaching—the intentional, unlawful taking or killing of a living organism—focus on animals. However, poaching is also the primary threat for many prized collectible plants. The bizarre Venus flytrap has particularly drawn media attention as North Carolina struggles to save its endemic State Carnivorous Plant from extinction. Existing federal plant protection laws are sparse and either ineffective (in the case of the Endangered Species Act) or underutilized (in the case of the Lacey Act). Traditional poaching enforcement methods, which target individual poachers with small fines, are designed for animal poaching, and fail to adequately protect plants. Not only …
Human Rights, Environmental Protection, And The Sustainable Development Goals, John H. Knox
Human Rights, Environmental Protection, And The Sustainable Development Goals, John H. Knox
Washington International Law Journal
In recent years, international human rights tribunals and other bodies have identified ways that environmental harm can interfere with the enjoyment of human rights, and have clarified that States have obligations to protect human rights against such interference. For example, States have duties to provide access to environmental information, to protect rights of free expression and association in relation to environmental issues, and to provide for participation in environmental decision-making. This article examines how well the draft Sustainable Development Goals (“SDGs”) proposed by the United Nations Open Working Group reflect the human rights obligations relating to environmental protection. It concludes …
Corporate Social Responsibility Versus Business And Human Rights: Bridging The Gap Between Responsibility And Accountability, Anita Ramasastry
Corporate Social Responsibility Versus Business And Human Rights: Bridging The Gap Between Responsibility And Accountability, Anita Ramasastry
Articles
This article explores the evolution of business and human rights (BHR) from a lawyer’s perspective and examines how it is contextually and conceptually different from corporate social responsibility (CSR) in its aims and ambitions. While CSR emphasizes responsible behavior, BHR focuses on a more delineated commitment in the area of human rights. BHR is, in part, a response to CSR and its perceived failure. This has led to a gap with two disciplines or strands of discourse that are diverging rather than converging. This article explores how the quest for accountability shapes a very different narrative for BHR, which takes …
Rediscovering "Law" In Myanmar: A Review Of Scholarship On The Legal System Of Myanmar, Melissa Crouch
Rediscovering "Law" In Myanmar: A Review Of Scholarship On The Legal System Of Myanmar, Melissa Crouch
Washington International Law Journal
Myanmar’s legal system is an understudied area in the academic field of Asian Legal Studies. This article aims to provide a map of legal scholarship in Myanmar that can be built on in the future. It identifies the key issues and arguments that have driven research on law in Myanmar, and the central academics whose oeuvre of publications have sustained the field. It is organized around four broad themes: custom, religion, and the law; public law and governance; corporate law; and the politics of law. It suggests that in order to build the next generation of legal scholarship, future research …
The Tonle Sap: Reconsideration Of The Laws Governing Cambodia's Most Important Fishery, Ian J. Mensher
The Tonle Sap: Reconsideration Of The Laws Governing Cambodia's Most Important Fishery, Ian J. Mensher
Washington International Law Journal
The Tonle Sap Basin is not only Cambodia’s largest inland fishery, but also the source of food and income for roughly one million Cambodians. Its biodiversity is unrivaled within Southeast Asia, and its sustainability is vital to the socioeconomic and political stability in the region. However, Cambodia’s current fishery, forestry, and land laws do not adequately protect the Tonle Sap Basin from over-fishing and the introduction of sedimentation and pollution caused by increasing development. The laws do not create or reflect a model for sustainable fishing and development. Both the laws currently in force and proposed legislation fail to limit …
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Stepping Onto A Moving Train: The Collision Of Illegal Logging, Forestry Policy, And Emerging Free Trade In The Russian Far East, Robert M. Crowley
Stepping Onto A Moving Train: The Collision Of Illegal Logging, Forestry Policy, And Emerging Free Trade In The Russian Far East, Robert M. Crowley
Washington International Law Journal
Faced with economic decline following the Soviet Union's collapse, Russia is energetically seeking ways to develop its economy and stimulate trade. In order to accomplish these goals, Russia has taken a number of steps to improve its interactions with its trading partners and reform its internal economic structures. Among the most sweeping areas of change are Russia's steps toward bilateral and multilateral free trade agreements and the proposed changes to its Forest Code. Externally, Russia has signed an agreement with China to stabilize relations, increase trade, and address shared environmental concerns, and has taken steps toward membership in the World …
Up In Smoke: Using Cooperative U.S. Forest Fire Management Policies As A Model For Implementing An Effective Forest Fire Prevention Program In The Russian Far East, Jim Wilkson
Washington International Law Journal
The Russian Far East's ("RFE") most abundant natural resource is its vast, relatively unbroken tracts of boreal forest. Wildfires are the largest cause of deforestation in the RFE. Rampant fires in the RFE threaten biodiversity and wildlife habitat, destroy timber reserves, and create pollution and greenhouse gases. Experts estimate that between eighty to ninety percent of these fires are human-caused. However, Russian forestry laws fail to provide the type of legal framework necessary to adequately address these preventable fires. Forest management legislation mandating more comprehensive and cooperative fire prevention could prevent disastrous forest fires in the RFE. U.S. fire management …
Forsaking The Forests For The Trees: Forestry Law In Papua New Guinea Inhibits Indigenous Customary Ownership, Alyssa A. Vegter
Forsaking The Forests For The Trees: Forestry Law In Papua New Guinea Inhibits Indigenous Customary Ownership, Alyssa A. Vegter
Washington International Law Journal
Illegal logging in the tropical forests of Papua New Guinea is one of the greatest threats to the forests and indigenous people of this island nation. Increasing pressure from the commercial logging industry, legislation that restrains customary ownership, and an unclear legal basis for this ownership subjects the indigenous people of Papua New Guinea to unscrupulous, unsustainable, and illegal logging practices. As a region central to the preservation of global ecological and cultural diversity, the devastating consequences of illegal logging in Papua New Guinea have become nationally and internationally significant. Customary ownership of the forests by the indigenous clans of …
Deforestation In Cambodia And Malaysia: The Case For An International Legal Solution, Heather A. Wolf
Deforestation In Cambodia And Malaysia: The Case For An International Legal Solution, Heather A. Wolf
Washington International Law Journal
The logging of tropical timber for the export market is the primary cause of deforestation in Southeast Asia. The problem of controlling the tropical timber trade has been addressed on both the national and international level. The existing legal mechanisms, however, have proven to be inadequate. A new multilateral agreement based on the import and export permit system of the Basel Agreement is necessary to control the timber trade and to aid in halting deforestation.
The Role Of Bureaucracy In Managing Urban Land In Vietnam, John Gillespie
The Role Of Bureaucracy In Managing Urban Land In Vietnam, John Gillespie
Washington International Law Journal
In recent years, the Vietnamese government has opened up its economy to both domestic and foreign private investors. In the construction industry, however, developers must contend with a legal environment fraught with contradictions and idiosyncrasies. The industry is one marked by the subordination of law-widespread patronage, party policy, and traditional customs. While property rights superficially resemble those in Western states, ownership and development are in theory strictly controlled by the central government. But paradoxically, the level of compliance with property laws is substantially lower in Vietnam than in the West. Noncompliance with property laws and building regulations is perpetuated by …