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The Problem Of Enforcing Nature's Rights Under Ecuador's Constitution: Why The 2008 Environmental Amendments Have No Bite, Mary Elizabeth Whittenmore
The Problem Of Enforcing Nature's Rights Under Ecuador's Constitution: Why The 2008 Environmental Amendments Have No Bite, Mary Elizabeth Whittenmore
Washington International Law Journal
In 2008, Ecuador became the first nation to give rights to nature when it ratified constitutional amendments (new articles 71-74) that grant the environment the inalienable right to exist, persist, and be respected. Environmentalists hope Ecuador’s amendments will lead to improvement in a country devastated by resource exploitation, and that other countries will follow. Yet, many wonder whether the amendments will be enforced. This comment argues that—all things considered—successful execution of the amendments is unlikely. Ecuador’s President has not demonstrated a sincere intention or ability to implement the amendments. Further, plaintiffs who sue under the amendments face significant legal barriers, …
Incentives For Change: China's Cadre System Applied To Water Quality, Wyatt F. Golding
Incentives For Change: China's Cadre System Applied To Water Quality, Wyatt F. Golding
Washington International Law Journal
The Chinese government has struggled to enforce environmental law, due in part to local protectionism. In an attempt to overcome local protectionism, the 2008 Law on the Prevention and Control of Water Pollution uses the cadre system to incentivize local officials to enforce national water quality standards. This comment argues that the cadre system presents a pragmatic means of attaining enforcement of quantified environmental standards because it implements the already existing Chinese Communist Party’s system of vertical hierarchy that has proven relatively successful in achieving other social goals. The cadre system, however, will only produce clean water over the long-term …
Unjust Enrichment: An Alternative To Tort Law And Human Rights In The Climate Change Context?, Aura Weinbaum
Unjust Enrichment: An Alternative To Tort Law And Human Rights In The Climate Change Context?, Aura Weinbaum
Washington International Law Journal
It is generally accepted within the scholarly international community that global climate change is occurring and is due at least in part to anthropogenic activity. Strategies to mitigate climate change harms and adapt to inevitable climate change-induced consequences are influencing legal, political, and human rights frameworks. Thus far, international litigation attempts to hold emitters accountable have been unsuccessful: Tuvalu’s threat to sue the United States and Australia at the International Court of Justice, and the Inuit’s petition to the Inter-American Commission on Human Rights were both hampered by procedural and substantive legal issues. Perhaps in response, the United Nations and …
Victoria's Window Dressing: How The Environment Effects Act Of 1978 Failed At Bastion Point, Taylor K. Wonhoff
Victoria's Window Dressing: How The Environment Effects Act Of 1978 Failed At Bastion Point, Taylor K. Wonhoff
Washington International Law Journal
In 1978, Victoria’s Parliament enacted the Environment Effects Act 1978 (“EEA”), creating procedures by which the state could call for environmental impact assessments prior to beginning work on proposed construction projects. The EEA, however, is significantly flawed, in that it authorizes the Planning Minister, an elected official, the power not only to promulgate guidelines for the administration of the environmental assessment process, but also the power to determine whether the environmental effects of a project are outweighed by the economic or social benefits of the project’s completion. A case study involving Bastion Point offers a prime example of the effect …
Death By A Thousand Cuts: Incorporating Cumulative Effects In Australia's Environment Protection And Biodiversity Conservation Act, Jessica T. Dales
Death By A Thousand Cuts: Incorporating Cumulative Effects In Australia's Environment Protection And Biodiversity Conservation Act, Jessica T. Dales
Washington International Law Journal
The Environment Protection and Biodiversity Conservation Act 1999 (“EPBCA” or “the Act”) is the Australian government's keystone piece of environmental legislation. The EPBCA provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities, and heritage places—defined in the Act as matters of National Environmental Significance (“NES”). The Act comes into play when a proposed action has the potential to have a significant impact on a matter of national environmental significance. Although it has played a vital role in protecting Australia’s environment, the EPBCA does not explicitly address the cumulative impact of multiple actions on …