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Full-Text Articles in Law

The Doha Declaration And Beyond: Giving A Voice To Non-Trade Concerns Within The Wto Trade Regime, Larry A. Dimatteo, Kiren Dosanjh, Paul L. Frantz, Peter Bowal, Clyde Stoltenberg Jan 2003

The Doha Declaration And Beyond: Giving A Voice To Non-Trade Concerns Within The Wto Trade Regime, Larry A. Dimatteo, Kiren Dosanjh, Paul L. Frantz, Peter Bowal, Clyde Stoltenberg

Vanderbilt Journal of Transnational Law

The World Trade Organization (WTO) has been a significant force in the liberalization of trade across international borders since its inception in 1995. Commentators suggest that its reforms have converted the focus of international trade policy from removal of barriers to positive policy-making--a field historically occupied by domestic authorities. And although largely successful in the promotion of international trade, the Authors suggest that the binding provisions of the WTO ignore non-trade concerns such as environmental protection, consumer rights, labor rights, and state sovereignty. The Agreement's inattention to these related concerns is the primary locus of criticism of the WTO, culminating …


Southern Utah Wilderness Alliance V. Norton: The Continuing Battle To Hold The Bureau Of Land Management Accountable For Off-Road Vehicle Damage, Nicholas J. Hilosky Jan 2003

Southern Utah Wilderness Alliance V. Norton: The Continuing Battle To Hold The Bureau Of Land Management Accountable For Off-Road Vehicle Damage, Nicholas J. Hilosky

Villanova Environmental Law Journal

No abstract provided.


National Parks And Conservation Association V. Babbitt: Titanic Mess, Restricting Cruise Ships In Order To Protect Glacier Bay, Monica Mintz Jan 2003

National Parks And Conservation Association V. Babbitt: Titanic Mess, Restricting Cruise Ships In Order To Protect Glacier Bay, Monica Mintz

Villanova Environmental Law Journal

No abstract provided.


Bi-Polar And Polycentric Approaches To Human Rights And The Environment, Michael Burger Jan 2003

Bi-Polar And Polycentric Approaches To Human Rights And The Environment, Michael Burger

Sabin Center for Climate Change Law

Within the well-established human rights system, there exist at least three ways to promote environmental ends (each of which is discussed further in Section III below): (1) mobilizing existing rights to achieve environmental ends; (2) reinterpreting existing rights to include environmental concerns; and (3) creating new rights, such as the right to a clean environment. To justify engaging in any one of these processes, an advocate must recognize both their moral legitimacy and legal utility. As one author has argued, "the justification for rights is to be found in the way in which they enable us to address a key …


A Different Kind Of "Republican Moment" In Environmental Law, Richard J. Lazarus Jan 2003

A Different Kind Of "Republican Moment" In Environmental Law, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The purpose of this Essay is to propose and discuss the possibility that the nation currently faces another, albeit very different, "republican moment" that may well test the future of environmental protection laws in the United States. This new "moment" has as its modifier an uppercase "Republican" rather than a lowercase "republican." While the latter "republican" invokes the political tradition referred to as "civic republicanism," the former "Republican" refers instead to the current National Republican Party. The "moment" facing environmental law is the virtually unprecedented ascendancy of the Republican Party in all three branches of the federal government.