Open Access. Powered by Scholars. Published by Universities.®
- Publication
- Publication Type
Articles 1 - 9 of 9
Full-Text Articles in Law
Patents And Plants: Rethinking The Role Of International Law In Relation To The Appropriation Of Traditional Knowledge Of The Uses Of Plants (Tkup), Ikechi Mgbeoji
PhD Dissertations
Legal control and ownership of plants and traditional knowledge of the uses of plants (TKUP) is often a vexed issue, particularly at the international level because of the conflicting interests of states or groups of states in the matter. The most widely used form of juridical control of plants and TKUP is the patent system which originated in Europe. This thesis rethinks the role of international law and legal concepts, the major patent systems of the world and international agricultural research institutions as they affect legal ownership and control of plants and TKUP. The analysis is cast in various contexts …
Revisiting Transnational Corporations And Extractive Industries: Climate Justice, Feminism, And State Sovereignty, Sara Seck
Articles, Book Chapters, & Popular Press
This Article explicitly examines the relationship between climate justice, gender, and transnational fossil fuel extractive industries by drawing upon feminist theoretical insights. First, I provide an overview of the differential impacts of climate change on women and briefly review insights from select international legal scholars who have considered gender and climate change. Second, I describe the Philippines climate petition, a novel attempt to seek an investigation into the accountability of transnational fossil fuel companies for climate harms. Third, I examine three sets of issues arising in the Philippines climate petition and draw explicitly upon Karen Knop’s Re/Statements: Feminism and State …
Intellectual Property, Traditional Knowledge, And Biodiversity In The Global Economy: The Potential Of Geographical Indications For Protecting Traditional Knowledge-Based Agricultural Products, Teshager W. Dagne
PhD Dissertations
The relationship between international regimes regulating intellectual property, traditional knowledge and biodiversity has received much attention in recent times. Of the many complex and controversial issues in contemporary international legal discourse on this matter, the protection of traditional knowledge (TK) stands out as a significant challenge. Choices abound in the search for modalities to regulate rights to use and control TK systems and their underlying biodiversity. In recent times, the protection of geographical indications (GIs) has emerged as an option for protecting TK. Despite the considerable enthusiasm over it, there is appreciable research dearth on how far and in what …
Revisiting The Doctrine Of Intergenerational Equity In Global Environmental Governance, Lynda M. Collins
Revisiting The Doctrine Of Intergenerational Equity In Global Environmental Governance, Lynda M. Collins
Dalhousie Law Journal
In the absence of binding international enforcement mechanisms, global environmental governance must rely on a legal framework that has widespread normative force around the world. In addition, such a framework should be sufficiently detailed and pragmatic to allow for effective implementation, should achieve the goal of environmental protection, and should be reasonable in terms of the level of sacrifice expected of the present generation, particularly in the developing world. Itis arguedthat the comprehensive doctrine ofintergenerational equity is an effective and appropriate legal framework for global environmental governance. The doctrine ofintergenerational equityposits thepresent generation of humans as simultaneously beneficiaries of the …
The Ocean And International Environmental Law: Swimming, Sinking, And Treading Water At The Millennium, Douglas M. Johnston, David Vanderzwaag
The Ocean And International Environmental Law: Swimming, Sinking, And Treading Water At The Millennium, Douglas M. Johnston, David Vanderzwaag
Articles, Book Chapters, & Popular Press
Various images help capture the status and trends of international law and policy efforts to protect the ocean environment. While “treading water” and “sinking” partly describe legal conditions at the millennium, this paper examines seven challenges in the international environmental law field which at the very least promise to make for a “hard swim” in coming decades. Those challenges include: coping with the proliferation of negotiated instruments; overcoming political opposition to environmental commitments; clarifying the jurisprudential underpinnings of international environmental law; sorting out the relation of environmental ethics, science and the rule of law; fleshing out the principles of sustainable …
International Fisheries Management: A Comparative Analysis Of Legal Approaches To Management In The Context Of Polar Fisheries Regimes, Stuart Bruce Kaye
International Fisheries Management: A Comparative Analysis Of Legal Approaches To Management In The Context Of Polar Fisheries Regimes, Stuart Bruce Kaye
PhD Dissertations
This thesis examines the management of marine living resources in international law. The thesis considers the development of the two principal approaches to fisheries management. The first approach is based upon maximising the yield of particular stocks, and is reflected in the content of the 1982 United Nations Convention on the Law of the Sea. It has evolved out of fisheries management theory developed since the 1950s, and focuses upon extracting the maximum harvest of a particular stock while still permitting that stock's biological regeneration. The second approach uses the precautionary principle, and may include management directed at the entire …
Future Directions In International Environmental Law: Precaution, Integration And Non-State Actors, James Cameron
Future Directions In International Environmental Law: Precaution, Integration And Non-State Actors, James Cameron
Dalhousie Law Journal
In this, the Horace E. Read Memorial Lecture for 1995, James Cameron discusses three developments in international environmental law,-the principles of precaution and of integration and the roles of non-state actors. The precautionary principle calls for regulatory intervention to prevent environmental harm even though the risk of damage remains scientifically uncertain. A wide consensus exists in favour of a precautionary approach to environmental management and state practice is sufficient to assert the principle has attained the status of customary international law, but it remains controversial because it demands changes in practice. The principle of integration takes a holistic approach to …
Acid Rain And Ozone Layer Depletion: International Law And Regulation, Kernaghan Webb
Acid Rain And Ozone Layer Depletion: International Law And Regulation, Kernaghan Webb
Dalhousie Law Journal
Although international customary and conventional law have addressed aspects of transfrontier pollution problems for decades,' the regional and global environmental degradations which have come to the forefront in the 1980s and 1990s - acid rain, ozone depletion, and global warming, to name but three - represent new challenges to existing international law institutions and concepts. In a sense, the world has over the past two centuries gone through a period of what could be called "technological adolescence", as individuals and corporations, largely from industrialized nations, exploited the earth's resources with little if any concern for the immediate and long-term implications …
Conflicting Principles Of Canadian Environmental Reform: Trubeck And Habermas V. Law And Economics And The Law Reform Commission, Rod Northey
Dalhousie Law Journal
Early in the 1970s, the American legal scholar, David Trubeck, made a far-reaching observation: Law is a practical science. It does not ordinarily dwell on fundamental questions about the social, political and economic functions of the legal order. Satisfied with implicit working assumptions about these matters, legal thought moves rapidly to more tractable questions. But when law's solutions to social problems fail to satisfy, it becomes necessary to examine the basic theory from which they derive. Trubeck expounded this thesis in connection with legal developments in the Third World. Using an idea he termed the "core conception" of law, Trubeck …