Law Commons^™

Towards A Network Of Marine Protected Areas In The South China Sea: Legal And Political Perspectives, Hai Dang Vu

PhD Dissertations

The once pristine and rich marine environment of the South China Sea is degrading at an alarming rate due to the rapid socioeconomic development of the region. Despite this, and because mainly of complicated sovereignty and maritime boundary disputes, coastal States have not been able to develop effective regional cooperation to safeguard the shared marine environment. This dissertation, “Towards a Network of Marine Protected Areas in the South China Sea: Legal and Political Perspectives”, researches legal and political measures to support the development of a network of marine protected areas in the South China Sea. Such a network, if properly …

International Environmental Law As An Art And A Craft, Jae-Hyup Lee

Jae-Hyup Lee

This is a review article about Professor Daniel Bodansky's "The Art and Craft of International Environmental Law." The book provides an accessible, yet comprehensive, overview of international environmental law, a field that has undergone rapid development and has become one of the most important issues of our time. Although there are many treatises and casebooks on this subject, this single source stands out because of its thematic and pragmatic approaches to the problem. Author's characterization of international environmental law as an "art" and a "craft" quite convincing and every reader will enjoy reading this excellent book.

The Growth Of Environmental Justice And Environmental Protection In International Law: In The Context Of Regulation Of The Arctic’S Offshore Oil Industry, E.A. Barry-Pheby

Sustainable Development Law & Policy

No abstract provided.

A Proposal For Addressing Violations Of Indigenous Peoples' Environmental And Human-Rights In The Inter-American Human Rights System, Natalia Gove

Student Works

International concerns in the areas of human rights, health, and environment have expanded considerably in the past several decades. International environmental law primarily focuses on environmental damage, rather than its impact on human beings. The focus of environmental treaties is primarily on constraining environmentally deleterious behavior, rather than preventing injuries to people. Part I of this paper will discuss the significance of environmental protection for indigenous peoples. Part II will analyze the linkage between environmental and human rights, as well as the lack of a direct enforcement mechanism for redressing violations of environmental rights. It will also describe the existing …

Poverty, Wealth, And Obligation In International Environmental Law, Mark A. Drumbl

Mark A. Drumbl

Developing nations are demonstrating some success in basing their participation in international environmental governance upon commitments by developed nations to provide financial resources and technology transfer. In recent years, these commitments have achieved textual status with a number of multilateral agreements. Part II of this Article identifies and documents treaty-based examples of this swap of resources in exchange for participation, with particular focus on the areas of climate change, biodiversity use/conservation, and ozone protection. This Article suggests that this swap represents a dynamic and emerging relationship between the North and the South that can best be described as a "shared …

Climate Changes Disputes At The World Trade Organization: National Energy Policies And International Trade Liability, Nilmini Silva-Send

San Diego Journal of Climate & Energy Law

This Article draws attention to the different outcomes that may result when WTO law is applied to resolve climate related national energy policy disputes, signals this might send for national energy policies, and how a subtle effect of indirect state liability may arise. Several pending or unresolved complaints currently at the WTO are used to demonstrate these effects. The complaints include the greenhouse gas controversy, the wind energy subsidies complaint, and the feed-in tariffs complaint. The next section, Section II, presents the basic WTO obligations of the four countries involved in these complaints (Japan, Canada, USA, China), and ways that …

International Law In The Anthropocene: Responding To The Geoengineering Challenge, Karen N. Scott

Michigan Journal of International Law

From The Odyssey to The Tempest and beyond, the control and deliberate manipulation of the weather constitutes an enduring and universal theme in myth and literature. In the twenty-first century, it is scientists and engineers rather than authors and artists who dream of weather and climate control, and their story, as described by James Rodger Fleming, "is not, in essence, a heroic saga about new scientific discoveries that can save the planet, as many of the participants claim, but a tragicomedy of overreaching, hubris, and self-delusion." This notwithstanding, the argument that we should deliberately manipulate earth systems and natural processes …

The Icj, Itlos And The Precautionary Approach: Paltry Progressions, Jurisprudential Jousting, David Vanderzwaag

Articles, Book Chapters, & Popular Press

The precautionary approach, although highly touted as a fundamental principle of international environmental law, has become well-known for the confusion surrounding its interpretation and practical implications. Confusion has emanated from definitional generalities and variations and even debates over appropriate terminology. A spectrum of precautionary measures exist and viewpoints on whether strong versions of precaution or weaker versions should prevail have differed.

Climate Engineering Research: A Precautionary Response To Climate Change?, Jesse Reynolds, Floor Fleurke

Jesse Reynolds