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Articles 1 - 7 of 7

Full-Text Articles in Law

New Opportunities For Native American Tribes To Pursue Environmental And Natural Resource Claims, Allan Kanner, Ryan Casey, Barrett Ristroph Oct 2003

New Opportunities For Native American Tribes To Pursue Environmental And Natural Resource Claims, Allan Kanner, Ryan Casey, Barrett Ristroph

Duke Environmental Law & Policy Forum

No abstract provided.


An Analysis Of The Rights-Based Justification For Federal Intervention In Environmental Regulation, Daveed Gartenstein-Ross Oct 2003

An Analysis Of The Rights-Based Justification For Federal Intervention In Environmental Regulation, Daveed Gartenstein-Ross

Duke Environmental Law & Policy Forum

No abstract provided.


Liability For Damage To The Marine Environment From Ships, Michael White Apr 2003

Liability For Damage To The Marine Environment From Ships, Michael White

Dalhousie Law Journal

Marine pollution damage from ships is not a major problem in Australian jurisdictions, but there are regular incidents. The Australian law relating to marine pollution from ships closely follows the international conventions. Australia is a party to almost all of the relevant IMO conventions and, as is required for common law countries, the domestic legislation to give effect to them needs to be put in place. This has been done for the most part by the Commonwealth, the states and the Northern Territory as Australia is a federation. The Commonwealth and the states have established adequate enforcement resources for the …


The Allocation Of Civil Liability For Damage To The Marine Environment In The New Canadian Law Of Merchant Shipping, Or The Polluter Pays How Much?, Hugh M. Kindred Apr 2003

The Allocation Of Civil Liability For Damage To The Marine Environment In The New Canadian Law Of Merchant Shipping, Or The Polluter Pays How Much?, Hugh M. Kindred

Dalhousie Law Journal

Infrequent but catastrophic incidents of pollution by ships have attracted worldwide attention to the regulation of the merchant shipping industry for the protection of the marine environment. Under the detailed legal regime that has been established, ships and their owners are held strictly liable for the pollution of the oceans that they cause. Less well known but equally well established are other principles of maritime law that allow shipowners to limit their liability for the expense and damage their polluting ships incur. Canada has recently undertaken a major reform of its shipping laws and, in the process, it has revamped …


Jonathan I. Charney: An Appreciation, W. Michael Reisman Jan 2003

Jonathan I. Charney: An Appreciation, W. Michael Reisman

Vanderbilt Journal of Transnational Law

Jonathan Charney was one of the leading international legal scholars of his generation. He was the authority on the Law of the Sea and his magisterial four-volume work on international maritime boundaries quickly became the "vade mecum" for anyone involved in virtually any aspect of the Law of the Sea. But Law of the Sea was only a part of his awesome oeuvre. He wrote authoritatively on the use of force and humanitarian intervention; self-determination; customary international law and, in particular, soft law; international environmental law, international tribunals and jurisdiction, technology, and constitutional law. All of his work was marked …


Harmon V. Browner: A Flawed Interpretation Of Epa Overfiling Authority, Wendy R. Zeft Jan 2003

Harmon V. Browner: A Flawed Interpretation Of Epa Overfiling Authority, Wendy R. Zeft

Villanova Environmental Law Journal

No abstract provided.


A Call To Restructure Existing International Environmental Law In Light Of Africa's Renaissance: The United Nations Convention To Combat Desertification And The New Partnership For Africa's Development (Nepad), Leslie C. Clark Jan 2003

A Call To Restructure Existing International Environmental Law In Light Of Africa's Renaissance: The United Nations Convention To Combat Desertification And The New Partnership For Africa's Development (Nepad), Leslie C. Clark

Seattle University Law Review

This Comment warns that recent, continent-wide economic development strategies have threatened the ability of Africa to combat desertification. Therefore, the existing desertification treaty, UNCCD, must be amended to ensure its ability to effectuate environmental protection.