Law Commons^™

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

Peter Gottschalk

No abstract provided.

Differentiating The Common? The Responsibilities And Obligations Of States Sponsoring Deep Seabed Mining Activities In The Area, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

Precaution And The Protection Of Marine Biodiversity In Areas Beyond National Jurisdiction, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

The Challenge Of Food Security: International Policy And Regulatory Frameworks, Rosemary Rayfuse (Ed.), Nicole Weisfelt (Ed.)

Rosemary Rayfuse

No abstract provided.

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

Peter Gottschalk

No abstract provided.

Implementing Environmental Justice In Appalachia: The Social And Cultural Context Of Mountaintop Removal Mining As Seen Through The Lenses Of Law And Documentaries, Evan Barret Smith

Evan Barret Smith

Mountaintop removal is a form of mining that has major effects on the ecology and people of central Appalachia. The practice has been gaining increasing attention from the EPA and popular cultural sources as an environmental justice issue. Recent decisions by the EPA incorporate an environmental justice analysis as contextualization, but the perspective provided is problematic. This Article compares the way that the social and cultural context of mountaintop removal has been framed in judicial opinions and EPA documents to understand how legal documents understand and perpetuate the conflicts related to mountaintop removal. To further widen the lens, seven documentary …

Environmental Law And Policy: Nature, Law And Society, Zygmunt Plater, Robert Abrams, Robert Graham, Lisa Heinzerling, David Wirth, Noah Hall

David A. Wirth

This user-friendly book - noted for its comprehensive legal process approach to the depth and complexity of modern environmental law - gives students a solid doctrinal footing in the law and helps build their analytical skills. Environmental Law and Policy: Nature, Law, and Society, Fourth Edition, uses the legal process approach, building on a base of common law and constitutional law and continuing on to statutory and administrative law, to illustrate both the structure of the law and how it works.

Among the attributes that have made this classroom-tested casebook a favorite:

coverage not only of the staples of environmental …

The Slings And Arrows Of Outrageous Fortune: Can You 'Lose' The Lottery But Still Win?, Mary J. Shariff, Darcy L. Macpherson

Mary J. Shariff

This article discusses potential legal arguments that can be made for a lottery player in a seemingly hopeless situation: buying a winning lottery ticket immediately before the deadline, only to find out that the ticket was mistakenly dated for the next week’s draw. Although the lottery rules and regulations and the courts’ interpretation thereof are strongly slanted against lottery players, the authors nevertheless argue that a consistent and coherent application of traditional contact law principles could favor the claimant. They note that Canadian courts have rarely been consistent in their application of contract law to lottery situations, with courts sometimes …

Brief Of Law Professors As Amici Curiae In Support Of Respondents, American Electric Power Co. V. State Of Connecticut, No. 10-174, James R. May, Stuart Banner

James R. May

No abstract provided.

The Nonexistence Of Sustainability In International Maritime Shipping: Issues For Consideration, Chad J. Mcguire, Helen Perivier

Chad J McGuire

Australian Companion To Harris - Cases & Materials On International Law, Anthony Cassimatis, Wendy Lacey, Anne Mcnaughton, Rosemary Rayfuse

Rosemary Rayfuse

This book is a companion to the seventh edition of the internationally acclaimed Harris’ Cases and Materials on International Law. Offering carefully selected materials and expert commentary, An Australian Companion to Harris’ Cases Materials on International Law is designed to provide readers with a comprehensive treatment of International law from an Australian perspective. Updated to reflect recent developments in the law, the second edition significantly expands on the coverage of the first edition and includes two additional, entirely new, chapters: International Criminal Law and International Environmental Law. The content and scope of this companion make it an ideal text for …

Learning From The Global Trade Regime: A Proposal To Help Ameliorate Climate Change By Giving The International Court Of Justice Universal Advisory Jurisdiction, Andrew Strauss

Andrew L. Strauss

No abstract provided.

Book Review: Crucial Issues In Climate Change And The Kyoto Protocol: Asia And The World (Koh Kheng-Lian, Lye Lin-Heng And Jolene Lin (Eds)), David Hodas

David R. Hodas

No abstract provided.

Free Market Environmentalism, Andrew Morriss

Andrew P. Morriss

No abstract provided.

Media And Environmental Politics In East Asia, Mary Alice Haddad

Mary Alice Haddad

No abstract provided.

Cleaning Up Our Rivers, Lakes, And Streams: Water Quality And Widener, Kenneth Kristl

Kenneth T Kristl

No abstract provided.

International Law And Disappearing States: Maritime Zones And The Criteria For Statehood, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

Vattenverksamhet, Kapitel 11 Miljöbalken, Evgenia Pavlovskaia

Evgenia Pavlovskaia

Huvudbestämmelser som är relevanta för vattenverksamhet: - 11 kap. MB, Definitioner på vattenverksamhet (11:2-5 MB), Nyttoövervikt (11:6 MB), Tillståndsplikt (11:9 MB), - Förordning (1998:1388) om vattenverksamhet, - Rådighet över vatten, Lag (1998:812) med särskilda bestämmelser om vattenverksamhet, 2 kap., - Hänsynsregler, 2 kap. MB, - Hushållningsregler för mark- och vattenområden 3 och 4 kap. MB, 4:6 MB.

Paying For Suburban Sprawl: Relating Commercial Finance Law To Environmental Harm, Heather Hughes

Heather Hughes

This Article relates contemporary financing practices to land use results on the ground. Demonstrating a relationship between financing practices and environmental consequences requires excavation of core questions about the scope and structure of the private law rules that comprise commercial finance law. Private law mechanisms such as rules governing common forms of financial transactions can relieve the tension between financial incentives driving commercial actors, on the one hand, and the goals of environmental regulation, on the other. This Article explores the relationship between one, typical form of real estate development finance – the securitized mezzanine loan – and one, major …

Notional Generosity, Josh Eagle

Josh Eagle

This article explores a phenomenon that might be called “gift-form generosity”: people earning similar amounts of income are more willing to part with a dollar’s worth of one kind of property than another. Among all income groups, the form of property with which charitable donors are most willing to part is the “conservation easement.” Data show, for example, that the average charitable easement donation is more than 100 times greater in value than the total, annual charitable contribution made by the average American taxpayer. Why are donors so willing to part with conservation easements? The answer may lie in donors’ …

Mapping The Terrain Of Earth Jurisprudence: Landscape, Thresholds And Horizons, Anne Louise Schillmoller, Alessandro Pelizzon

Anne Schillmoller

Earth jurisprudence is an emerging area of law in which the integrity and health of ecosystems become a central concern of human legal and political institutions. In recent years, several countries have proposed constitutional reforms which mandate legal recognition of ecosystems’ ‘right to exist’. In September 2008 Ecuador became the first country in the world to declare constitutional ‘rights of nature’ and to codify a new system of environmental governance. The new laws grant citizens the right to sue on behalf of an ecosystem, even if not injured themselves. As one of the architects of this new legal framework observed, …

Immortal Beloved And Beleaguered: Towards The Integration Of The Law On Assisted Death And The Scientific Pursuit Of Life Extension, Mary J. Shariff

Mary J. Shariff

This article sets out to explore the scientific pursuit of life extension in the context of current controversies surrounding death, particularly those that involve competent individuals who desire death but are unable to bring it about without the assistance of another individual. Humans are on the threshold of being able to significantly increase their life expectancy yet, in Canada and elsewhere, we have still not come to any consensus as to how we are permitted to die. After a brief introduction in Part I, Part II of this article summarizes the legal position in Canada on assisted death and explores …

Sustainable Approaches To Managing Small-Scale Ecosystems: A Case Study Of Vernal Pool Protection In The Commonwealth Of Massachusetts, United States Of America, Chad J. Mcguire

Chad J McGuire

Cases And Materials On Environmental Law 2nd Edition, Oscar Gray

Oscar S. Gray

No abstract provided.

The Anthropocene, Autopoiesis And The Disingenuousness Of The Genuine Link: Addressing Enforcement Gaps In The Legal Regime For Areas Beyond National Jurisdiction, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

Bränsle För Ett Bättre Klimat - Marknad Och Politik För Biobränslen, Cecilia Hammarlund, Karin Ericsson, Helena Johansson, Robert Lundmark, Anna Olsson, Evgenia Pavlovskaia, Fredrik Wilhelmsson

Evgenia Pavlovskaia

No abstract provided.

Moving Beyond The Tragedy Of The Global Commons: The Grotian Legacy And The Future Of Sustainable Management Of The Biodiversity Of The High Seas, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

Områdesskydd Enligt Miljöbalken, Fortsättning, Evgenia Pavlovskaia

Evgenia Pavlovskaia

- EU rätt Fågelskyddsdirektivet 79/409/EEG→2009/147/EEG Livsmiljödirektivet 92/43/EEG - Implementering i svensk rätt, kap. 7 MB - Skydd för djur och växter, kap. 8 MB - Praxis

India's Integrated Energy Policy: A Source Of Economic Nirvana Or Environmental Disaster?, Deepa Badrinarayana

Deepa Badrinarayana

Abstract: India’s rapidly growing economy naturally demands increasing energy needs from the industrial scale down to the personal. Mindful of potential negative impacts of economic development, India is making efforts to encourage growth while preserving and protecting the environment and human rights. India’s Integrated Energy Policy sets out the roadmap for how the country plans to achieve the balance among development, environmental protection, citizens’ rights, energy security, and a host of other priorities and concerns. Though ambitious and broad in scope, the Policy may prove inadequate in mitigating environmental impacts of development, and thus inadequate in balancing India’s needs, particularly …

Transporting India Into A New Climate: The Implications For Energy Law And Policy, Deepa Badrinarayana

Deepa Badrinarayana

Abstract: India’s rapidly growing economy naturally demands increasing energy needs from the industrial scale down to the personal. Mindful of potential negative impacts of economic development, India is making efforts to encourage growth while preserving and protecting the environment and human rights. India’s Integrated Energy Policy sets out the roadmap for how the country plans to achieve the balance among development, environmental protection, citizens’ rights, energy security, and a host of other priorities and concerns. Though ambitious and broad in scope, the Policy may prove inadequate in mitigating environmental impacts of development, and thus inadequate in balancing India’s needs, particularly …