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Articles 1 - 5 of 5
Full-Text Articles in Law
The Deliberative Dimensions Of Modern Environmental Assessment Law, Jocelyn Stacey
The Deliberative Dimensions Of Modern Environmental Assessment Law, Jocelyn Stacey
Dalhousie Law Journal
Environmental assessment (EA) is a cornerstone of environmental law. It provides a legal framework for public decision-making about major development projects with implications for environmental protection and the rights and title of Indigenous Peoples. Despite significant literature supporting deliberation as the preferred mode of engagement with those affected by EA decisions, the specific legal demands of EA legislation remain undeveloped. This article suggests a legal foundation for deliberative environmental assessment. It argues that modern EA can be understood through three public law frames: procedural fairness, public inquiry, and the framework for the duty to consult and accommodate. It further argues …
Customary Law Of Indigenous Communities: Making Space On The Global Environmental Stage, Melissa L. Tatum
Customary Law Of Indigenous Communities: Making Space On The Global Environmental Stage, Melissa L. Tatum
Michigan Journal of Environmental & Administrative Law
The high stakes often involved in controversies regarding who owns valuable natural resources and who has the authority to regulate environmental contaminants have resulted in fierce legal battles and struggles to establish and define international principles of law. Grand theoretical debates have played out on the international stage regarding the principle of free, prior, and informed consent and the legal contours of corporate social responsibility. Meanwhile, often under the radar, Indigenous people around the world have worked to create a sustained niche for their community and culture in the face of exploitation and environmental devastation at the hands of the …
Honoring Sally Jewell, Charles Wilkinson
Honoring Sally Jewell, Charles Wilkinson
Honoring Sally Jewell, Charles Wilkinson
University of Colorado Law Review
No abstract provided.
Decolonization: Treaties, Resource Use, And Environmental Conservation, Gerald Torres
Decolonization: Treaties, Resource Use, And Environmental Conservation, Gerald Torres
University of Colorado Law Review
No abstract provided.