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A Dark Side Of Virtue: The Inter-American Court And Reparations For Indigenous Peoples, Thomas M. Antkowiak

Duke Journal of Comparative & International Law

No abstract provided.

Animal Agriculture Laws On The Chopping Block: Comparing United States And Brazil, Elizabeth Bennett

Pace Environmental Law Review

Brazil and the United States are among the largest producers and exporters of livestock in the world. This raises important animal rights and environmental concerns. While many of the impacts of industrial animal agriculture are similar in Brazil and the United States, there are key differences in the effects on animals and the environment. The variations between Brazil and the United States are due to ecological, production method, and regulatory differences between the countries. Despite their dissimilarities, however, Brazil and the United States both largely fail to adequately protect farm animals and the environment from the impacts of large-scale animal …

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 Cost Of Doing Business In Asia: A Comparative Legal Study Of Environmental Regulations In The Emerging Markets Of Thailand, Malaysia, And Indonesia, Brooke R. Padgett

Brooke R. Padgett

Abstract: This article explores whether voluntary standards, customary law, or more binding bilateral investment treaties are best for corporations, the emerging markets of Thailand, Indonesia, and Malaysia, and the environment itself. While corporations, markets, and the environment facially seem to have divergent priorities, environmental disasters are more costly after the fact than they are to prevent so in reality their priorities may not be so different after all. Some of the potential issues the paper will examine and address are big picture macro level such as fairness to future generations, intergenerational rights; the actual cost through questions of polluter pays, …

Cooperation Of Amazon Countries: A Comparative Analysis Of Forest Law Towards A Cooperative Effort For The Conservation And (Sustainable) Development Of The Amazon Rainforest, Maria Antonia Tigre

Dissertations & Theses

The Amazon region contains the world’s largest river, the world’s biggest tropical forest, and the world’s richest biodiversity and is shared by nine countries (Bolivia, Brazil, Colombia, Ecuador, Guyana, French Guyana, Peru, Suriname and Venezuela), each with its individual approach as to how to protect this environment. However, due to its unique value in the local, national, regional and global context, cooperation is required to manage this ecosystem. This thesis thus evaluates the approaches of environmental protection in the Amazon region at the national, regional, and international levels through the lens of forest protection.

At the international scale the international …

Indonesia’S Role In Realizing The Goals Of Asean’S Agreement On Transboundary Haze Pollution, David B. Jerger Jr

Sustainable Development Law & Policy

No abstract provided.

Transnational Business Governance Interactions: Conceptualization And Framework For Analysis, Burkard Eberlein, Kenneth W. Abbott, Julia Black, Errol Meidinger, Stepan Wood

Articles & Book Chapters

This special issue demonstrates the importance of interactions in transnational business governance. The number of schemes applying non-state authority to govern business conduct across borders has vastly expanded in numerous issue areas. As these initiatives proliferate, they increasingly interact with one another and with state-based regimes. The key challenge is to understand the implications of these interactions for regulatory capacity and performance, and ultimately for social and environmental impact. In this introduction, we propose an analytical framework for the study of transnational business governance interactions. The framework disaggregates the regulatory process to identify potential points of interaction, and suggests analytical …

Current Trends In Global Piracy: Can Somalia's Successes Help Combat Piracy In The Gulf Of Guinea And Elsewhere?, Sandra L. Hodgkinson

Case Western Reserve Journal of International Law

No abstract provided.

Wings Without Borders: The Case For A Migratory Insect Treaty To Aid Monarch Butterflies, Meena Miriam Yust

Case Western Reserve Journal of International Law

No abstract provided.

The Lacey Act Amendments Of 2008: The World's First Ban On Illegal Logging Combats Deforestation But Gets Stumped By Foreign Laws, Yijin J. Lee

San Diego Journal of Climate & Energy Law

By exploring the history of the United States’ legislative efforts in dealing with the problems deforestation has caused and the origins of the Lacey Act, it is possible to understand the inspiration behind the 2008 amendments to the act. Further, exploring the minute details of the Lacey Act amendments and understanding how the amendments have changed the power and meaning behind the original Lacey Act highlights the amendments’ strengths and weaknesses. Also, in understanding how the new amendments are being implemented and enforced, it is possible to see which federal agencies are putting force behind the words of the Lacey …

A Matter Of National Security: Whistleblowing In The Military As A Mechanism For International Law Enforcement, Roslyn Fuller

San Diego International Law Journal

[T]his article examines the impact that external whistleblowing can have on a state’s compliance with international law. Part III looks at some of the complications that disclosing international law violations raises for the broader legal system, in particular, the expertise that a whistleblower of this type should be expected to have in the area of international law, and judicial reactions to defences related to the exposure of international law violations. Part IV identifies some trends based on this analysis and what they might mean for external whistleblowing on international law violations in the future.

Comeback Of Community-Based Forest Management: The Need To Revamp Strategies To Promote Decentralized Environmental Governance In India And Brazil, Naysa Ahuja

Florida A & M University Law Review

The governance of forests and their resources has always been a contentious issue. It has created a divide between developing and developed countries, as well as within them. With the increasing recognition of forests as valuable commodities in the global market, the management of forests in developing countries is becoming a matter of constant concern for ecologists, economists, and politicians.

Part I of this article provides an overview of the Participatory Forest Management (PFM) approach in the international context. Part II and III examine environmental governance in the forest sector of two rapidly emerging economies of the world, India and …

A Redd Solution To A Green Problem: Using Redd Plus To Address Deforestation In Ghana Through Benefit Sharing And Community Self-Empowerment, William Daniel Nartey

Student Works

The process of converting forests into non-forests deforestation claims 17 million hectares of the world’s tropical forests each year. Ghana is no stranger to the problem of deforestation. The developing country’s rainforest has been decreasing rapidly and significantly over time.

Part II of this paper addresses the primary driving factors of deforestation in Ghana, including human activities such as legal and illegal logging and unsustainable agricultural practices, as well as non-human factors such as poverty and population growth, which are inevitably linked. Part III identifies the constitutional land tenure rights and laws of the timber industry, assessing how these have …

Myanmar And The Dodd-Frank Whistleblower “Bounty”: The U.S. Foreign Corrupt Practices Act And Curbing Grand Corruption Through Innovative Action, Mark V. Vlasic, Peter Atlee

American University International Law Review

No abstract provided.

A Dark Side Of Virtue: The Inter-American Court And Reparations For Indigenous Peoples, Thomas Antkowiak

Faculty Articles

"The Inter-American Court of Human Rights has now developed a significant jurisprudence on indigenous peoples, far more extensive than the case law of the other regional human rights tribunals. Also, unlike the various United Nations institutions that promote indigenous rights, the Inter-American Court issues binding and detailed judgments. As a result, the Court has become a global leader in the adjudication and redress of indigenous claims. For this reason, this first close and critical examination of the Court’s reparations for indigenous peoples is vital. With respect to non-monetary remedies, the Court has ordered the restitution of communal lands and other …

Climate Change, Forests, And International Law: Redd's Descent Into Irrelevance, Annecoos Wiersema

Vanderbilt Journal of Transnational Law

Forestry activities account for over 17 percent of human-caused greenhouse gas emissions. Since 2005, parties to the United Nations Framework Convention on Climate Change have been negotiating a mechanism known as REDD--Reducing Emissions from Deforestation and Degradation--to provide an incentive for developing countries to reduce carbon emissions and limit deforestation at the same time. When REDD was first proposed, many commentators argued this mechanism would not only mitigate climate change but also provide biodiversity and forests with the hard international law regime that had so far been missing. These commentators appeared to hope REDD would develop into this kind of …

Strengthening The Legal And Institutional Effectiveness For Transboundary Biodiversity Conservation In The ‘Heart Of Borneo’, Michelle Mei Ling Lim

Research Collection Yong Pung How School Of Law

The Heart of Borneo ('HoB') transboundary initiative spans the territory of Malaysia, Indonesia and Brunei. In this article I evaluate the HoB against governance criteria for effective transboundary conservation. This approach provides the framework for proposing what complementary reforms may be needed to improve the effectiveness of the initiative. Governance issues and the lack of political buy-in are identified as the most significant impediments to successful transboundary biodiversity conservation in the HoB. A further limitation stems from the failure to develop meaningful legal instruments and supporting institutions. This article recommends improvements to legal instruments and the evaluation and design of …