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Environmental Law

1994

LLM Theses and Essays

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Liability For Injurious Consequences To The Global Climate, Sudha Rp Rao Jan 1994

Liability For Injurious Consequences To The Global Climate, Sudha Rp Rao

LLM Theses and Essays

Preservation of the environment is a major concern in the modern era. This paper explains the scientific basis of the global warning theory and the potential impacts of climate change on the environment. When regulating the causes of global warming, accountability and liability arise in the areas of both prevention of future emissions of green house gases into the atmosphere and remedial measures to clean up the damage that has already occurred. The responsibility for the costs in these areas are examined as well as the International Law Commission’s work on “Liability for Injurious Consequences Arising out of Acts not …


The Global Loss Of Biological Diversity: A Perspective, In The Context Of The Controversy Over Intellectual Property Rights, Ajay K. Sharma Jan 1994

The Global Loss Of Biological Diversity: A Perspective, In The Context Of The Controversy Over Intellectual Property Rights, Ajay K. Sharma

LLM Theses and Essays

All nations have a stake in preserving biodiversity for ethical, medical, and economic reasons. This thesis discusses objections to the Convention on Biological Diversity and argues for establishing international agreements that set conservation standards to which all parties can be held accountable. These agreements should also include internationally accepted standards for the protection of intellectual property rights.


"Snitching" For The Common Good: In Search Of A Response To The Legal Problems Posed By Environmental Whistleblowing, Stefan Ruetzel Jan 1994

"Snitching" For The Common Good: In Search Of A Response To The Legal Problems Posed By Environmental Whistleblowing, Stefan Ruetzel

LLM Theses and Essays

Despite the increase in public awareness of diminishing natural resources, mounting waste, and pollution and more comprehensive environmental regulations since the 1970’s, non-compliance with environmental laws and non-enforcement by government authorities is still a major problem in the United States. Disclosure of violations of environmental regulations by an employee of a private polluter, or whistleblowing, is an effective tool in enforcing the law and thereby protecting the environment. After examining the current whistleblowing law that has evolved in various jurisdictions across the country, this thesis proposes that a uniform state statute should be enacted to encourage employees to report violations …