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Looking To The Practices Of Transnational Corporations To Protect The Global Environment: A New Theory Of Custom In International Environmental Law, Matthew Thurmer
Looking To The Practices Of Transnational Corporations To Protect The Global Environment: A New Theory Of Custom In International Environmental Law, Matthew Thurmer
Matthew A Thurmer Mr.
To a large extent, international environmental law has been unsuccessful. As a result, new and creative thinking is needed to protect the global environment. This paper, in particular, considers an approach to customary international law that is based on the practices of transnational corporations (TNCs) rather than the practices of states. Of course, many TNCs are harming the Earth. Thus, the state must regulate these multinational companies to establish practices that are environmentally sound. If enough states pass and enforce such laws, then at some point a rule of custom will arise that can protect the global environment.
Archaeological Sites And Mangrove Forest: A Legal Overview Of The Ecologically Critical Areas In The Bangladesh Context, Arpeeta Shams Mizan
Archaeological Sites And Mangrove Forest: A Legal Overview Of The Ecologically Critical Areas In The Bangladesh Context, Arpeeta Shams Mizan
Arpeeta Shams Mizan
Ecologically critical area as a concept is practised globally to preserve the natural biodiversity of environmentally endangered areas. These areas also fall under the criteria of natural and cultural heritage. Since the Stockholm Declaration, leading international legal instruments have reiterated their sanctity in consonance with the principles of Intergenerational equity and also of human rights. The environmental law in Bangladesh has incorporated these principles by making provisions for Ecologically Critical Areas (ECAs) in the Bangladesh Environment Conservation Act 1995 (as amended in 2010) and the Environment Conservation Rules 1997. Bangladesh is a signatory to the World Heritage Convention, the principal …
Incorporating The Third Party Beneficiary Principle In Natural Resource Contracts, James T. Gathii
Incorporating The Third Party Beneficiary Principle In Natural Resource Contracts, James T. Gathii
James Thuo Gathii
Third world citizens—parties who often have the most to lose in natural resource contracts between their governments and foreign investors—often have no voice in negotiations of the contracts and consequently have no remedy under contract law when harms occur or when the contracts are not properly enforced. The privity doctrine, which permits contract suits only by parties to the contract, bars these citizens from suing because they were not in privity with any of the contracting parties, despite that these contracts are generally made for the benefit of these citizens. However, some countries have adopted—and this Essay argues other countries …
An Other History Of Knowledge And Decision In Precautionary Approaches To Sustainability, Saptarishi Bandopadhyay
An Other History Of Knowledge And Decision In Precautionary Approaches To Sustainability, Saptarishi Bandopadhyay
Saptarishi Bandopadhyay
In this paper, I offer an alternative reading of precaution with the hope of recovering the capacity of this ethic to facilitate legal and political decisions. Despite being a popular instrument of international environmental governance, decision-makers continue to understand this principle as reflecting an immemorial and natural instinct for preserving the environment in cases of scientific uncertainty. Such a reading, however, ignores the history and moral basis underlying this principle and thereby renders it obvious, and automatically adaptable to the politics of Sustainable Development. By offering a thicker history of precautionary governance at exemplary moments of ecological crisis I trace …
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
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, …
Defending The Environment: A Mission For The World's Militaries, Mark P. Nevitt
Defending The Environment: A Mission For The World's Militaries, Mark P. Nevitt
Mark P Nevitt
Critics often fault the U.S. military for its environmental stewardship, and legal scholarship frequently highlights efforts by the military to seek national security exemptions from various environmental laws and the military’s poor cleanup record. Yet the Department of Defense (“DoD”) is largely subject to and complies with the full array of American environmental laws in the same manner and extent as any agency of the federal government. While the military’s environmental record is far from perfect, a comparative legal survey shows that the U.S. is at the relative forefront of effectively balancing environmental stewardship with national security.
This article surveys …