Law Commons^™

No Ordinary Fish Tale: Working Toward A Transnational Solution To The Cod Crisis In The Gulf Of Maine, Michael Ruderman

Indiana Law Journal

In response to a National Oceanic and Atmospheric Administration (NOAA) survey that showed “record-low levels of abundance” of groundfish in the Gulf of Maine (“Gulf”), local fisherman Brian Pearce asserted: “It concerns [me] that what [NOAA is] saying and what we [the local fishermen] are seeing is such a contrast . . . . Who sees more fish in the ocean than the fishermen?” Despite Mr. Pearce’s skepticism, the state of the cod fishery in the Gulf of Maine—home to “critical” and “legendary" fishing grounds in Canadian and American territories—is, in fact, dire. According to the NOAA survey, conducted in …

Environment Chapter In Korea's Fta: Suggestions For Korea's Model Text, Jun Ha Kang

Maurer Theses and Dissertations

The aim of this dissertation is to delve into solutions for making Korea's FTA greener. The main question is whether and how Korea's FTA policy towards sustainable development may be sustainable. In answering this question, I critically reviewed the structure of the Environment Chapter of Korea’s FTA as well as its main contents. I also scrutinized the meaning of each provision and its significance in practice. Based on the analysis, I made suggestions on what strategies and contents are needed for Korea in its future FTA negotiations.

Firstly, Korea needs to initiate future FTA negotiations on the environment with its …

Lessons From Pollution Control: Response To Heller And Hobbs 2014, Robert L. Fischman, James Salzman

Articles by Maurer Faculty

Heller and Hobbs (2014) provide an incisive analysis of the challenges inherent in setting endpoint states as conservation goals. The social construct of nature, nonequilibrium ecosystems, global climate change, large-scale transformations of the landscape, and increasing population and economic activity confound efforts to establish conservation goals. Stakeholders often disagree on endpoint targets, whereas competing notions of historic fidelity and future flexibility frustrate our ability to articulate success, never mind actually achieve it. As Heller and Hobbs describe, this leaves managers in the bind of finding the “balance between future-looking management emphasizing change and past-looking management emphasizing persistence.” As a result, …

Advantages Of A Polycentric Approach To Climate Change Policy, Daniel H. Cole

Articles by Maurer Faculty

Lack of progress in global climate negotiations has led scholars to reconsider polycentric approaches to climate policy. Several examples of subglobal mechanisms to reduce greenhouse-gas emissions have been touted, but it remains unclear why they might achieve better climate outcomes than global negotiations alone. Decades of work conducted by researchers associated with the Vincent and Elinor Ostrom Workshop in Political Theory and Policy Analysis at Indiana University have emphasized two chief advantages of polycentric approaches over monocentric ones: they provide more opportunities for experimentation and learning to improve policies over time, and they increase communications and interactions — formal and …

Using A Community-Based Strategy To Address The Impacts Of Globalization On Underwater Cultural Heritage Management In The Dominican Republic, Lydia Barbash-Riley

Indiana Journal of Global Legal Studies

This Note addresses the management of the Underwater Cultural Heritage (UCH) in the Dominican Republic as a case study of the effects of two aspects of globalization on cultural and environmental resource management in the developing world: the international convergence of values and the horizontal delegation of state power to private actors due to economic constraints. This Note posits that even as the global community of states moves toward a consensus on the ethical management of the UCH, this convergence combined with the global trend of horizontal delegation may incentivize some lesser-developed countries to deal with the economic pressures of …

The Problem Of Shared Irresponsibility In International Climate Law, Daniel H. Cole

Articles by Maurer Faculty

States have treaty-based and customary international law-based responsibilities to ensure that greenhouse gas emissions emanating from their territory do not cause transboundary harm. However, those international legal responsibilities conflict with the observed behavior of states, which suggests a general rule of irresponsible treatment of the global commons. This paper, written for a conference (and eventual book) on shared responsibility in international law, examines that conflict and two potential mechanisms for resolving it: (1) international litigation and (2) various types of polycentric approaches to climate governance.

Several international legal scholars have been advocating litigation as a means of compensating victims and …