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Full-Text Articles in Law
Globalization And The Institutional Dynamics Of Global Environmental Governance, Tun Myint
Globalization And The Institutional Dynamics Of Global Environmental Governance, Tun Myint
Indiana Journal of Global Legal Studies
This paper is concerned with globalization and the institutional dynamics of global environmental governance. How do the phenomena of globalization shape the study of the institutional dimensions of global environmental governance, and how do these phenomena influence the practicality of law and state-centric politics? These questions guide the direction of this paper and its aim to advance theories and research methods for the study of the dynamics of institutions for governance. By synthesizing the conceptual findings of the literature, this paper develops an analytical framework of globalization and analytical themes to advance the systematic study of the dynamics of institutions, …
Emerging Global Environmental Governance, N. Brian Winchester
Emerging Global Environmental Governance, N. Brian Winchester
Indiana Journal of Global Legal Studies
Environmental thinking and activism are steadily gaining widespread, even global acceptance, but are often in conflict with economic interests and international politics. Environmental priorities are further challenged by scientific uncertainty involving effects that in some cases will only become manifest far into the future. Nonetheless, accompanying this global environmental awakening has been an extraordinary number of international agreements on a wide range of critical environmental issues. While many of these environmental regimes lack adequate financial support and sanctions for non-compliance, they involve a variety of non-state actors, suggesting meaningful movement towards an evolving, complex form of global environmental governance. Indeed, …
Democracy In Global Environmental Governance: Issues, Interests, And Actors In The Mekong And The Rhine, Tun Myint
Indiana Journal of Global Legal Studies
Globalization and Governance: The Prospects for Democracy, Symposium
Sustainable Agriculture: Do Gmos Imperil Biosafety?, Lakshman D. Guruswamy
Sustainable Agriculture: Do Gmos Imperil Biosafety?, Lakshman D. Guruswamy
Indiana Journal of Global Legal Studies
No abstract provided.
An Examination Of International Environmental Racism Through The Lens Of Transboundary Movement Of Hazardous Wastes, Rozelia S. Park
An Examination Of International Environmental Racism Through The Lens Of Transboundary Movement Of Hazardous Wastes, Rozelia S. Park
Indiana Journal of Global Legal Studies
No abstract provided.
The Tragedy Of The Global Commons, Erin A. Clancy
The Tragedy Of The Global Commons, Erin A. Clancy
Indiana Journal of Global Legal Studies
No abstract provided.
Global Environmental Change: Health And The Challenge For Human Rights, Satvinder Juss
Global Environmental Change: Health And The Challenge For Human Rights, Satvinder Juss
Indiana Journal of Global Legal Studies
No abstract provided.
The Big Push: Emigration In The Age Of Environmental Catastrophe, William Plummer
The Big Push: Emigration In The Age Of Environmental Catastrophe, William Plummer
Indiana Journal of Global Legal Studies
No abstract provided.
Environmental Realpolitik: Joint Implementation And Climate Change, Thomas C. Heller
Environmental Realpolitik: Joint Implementation And Climate Change, Thomas C. Heller
Indiana Journal of Global Legal Studies
Professor Heller's article discusses why there has been little
progress after the Rio Earth Summit in developing the Framework
Convention on Climate Change. He argues that, beyond the scientific
uncertainties about climate change and its economic impacts,
agreement on the legal structure of a comprehensive regime has been
hampered by institutional factors. These include: the political
discounting of damage to future populations, the diverse risks of
global warming in different regions, and the distrust in many nations
with market instruments, like taxes or tradable permits, that are
favored by many industrial nations dependent on fossil fuels.
Resolving these problems will …
The Role Of Multilateral Finance And The Environment: A View From The World Bank, Andrew Steer, Jocelyn Mason
The Role Of Multilateral Finance And The Environment: A View From The World Bank, Andrew Steer, Jocelyn Mason
Indiana Journal of Global Legal Studies
Dr. Steer and Mr. Mason begin by noting that since fundingfor
the Rio Earth Summit agreements has not been forthcoming,
multilateralfinanciailn stitutions (MFIs) have taken responsibilityf or
advancing the environmental agenda set forth at the Summit. Dr.
Steer and Mr. Mason note that MFIs furnish three crucial functions
in implementing the global environmental agenda. First, MFIs are
able to target investments in developing countries that involve
important environmental issues. Second, MFIs are able to support
policy reforms within developing countries to ensure environmental
standards and issues are properly addressed. Finally, MFIs can
multiply a small amount offunding into a significant …
International Law, Industrial Location, And Pollution, Duane Chapman, Jean Agras, Vivek Suri
International Law, Industrial Location, And Pollution, Duane Chapman, Jean Agras, Vivek Suri
Indiana Journal of Global Legal Studies
The dominant position of economists on trade and environment is that
increasing trade raises living standards, which provide the economic
basis for reduced pollution. Professors Chapman, Agras, and Suri
present a perspective that raises very different points. First, the dramatic
growth of manufacturing in East Asia for global markets is
based entirely (or nearly so) on the importation of processed
pollution-intensive raw materials. For a typical product in this global
system, a U.S. consumer purchasing an Asian product made from
imported resources benefits from a lower price and a cleaner local
environment; however, energy use and pollution associated with the …
Customary (And Not So Customary) International Environmental Law, Daniel Bodansky
Customary (And Not So Customary) International Environmental Law, Daniel Bodansky
Indiana Journal of Global Legal Studies
In this article, Professor Bodansky examines the creation and importance of customary international law. He suggests that the debate over the legal status of any given norm may be misplaced Instead, he suggests that international lawmakers should spend their time and energy incorporating norms, regardless of their true status, into "concrete treaties and actions." The author begins his discussion by providing a working definition of customary international law. He asserts that such law can be based not just on uniformities of state behavior, as is traditionally held, but also on regularities in behavior. Thus, customary international law can be formed …
The Puzzling Relationship Between Trade And Environment: Nafta, Competitiveness, And The Pursuit Of Environmental Welfare Objectives, Ileana M. Porras
The Puzzling Relationship Between Trade And Environment: Nafta, Competitiveness, And The Pursuit Of Environmental Welfare Objectives, Ileana M. Porras
Indiana Journal of Global Legal Studies
The North American Free Trade Agreement (NAFTA) is often claimed to be a "promising beginning" for the reconciliation of trade and environment. Professor Porras, however, suggests that the form that "reconciliation" takes in NAFTA is extremely problematic. Harmonization of standards to facilitate the free flow of trade is a familiar trade goal. NAFTA's provisions regarding environmental standards, however, are not a straightforward requirement to harmonize standards. Rather, NAFTA recognizes state autonomy in standard setting, on the one hand, while requiring a form of upward harmonization, on the other. According to Professor Porras, the result of such an arrangement is the …
Introduction: International Environmental Law And Agencies: The Next Generation Symposium, Alfred C. Aman
Introduction: International Environmental Law And Agencies: The Next Generation Symposium, Alfred C. Aman
Indiana Journal of Global Legal Studies
No abstract provided.
Institutional Aspects Of International Governance, Elisabeth Zoller
Institutional Aspects Of International Governance, Elisabeth Zoller
Indiana Journal of Global Legal Studies
Professor Elisabeth Zoller discusses the domain and the methods of internationalg overnance. In PartI , she addresses the notion of the "international community." Professor Zoller argues that the international community is not really a community at all, but several "intertangled communities" with common interests. These common interests emerged as a result of several worldwide events, such as World War I and the Great Depression. The author asserts that common interests among nation states and priority setting are the two prerequisites necessary for international governance. In Part II, the authore xamines the methods of internationalg overnance, beginning with the proposition that …
Great Words Needed For The Great Lakes: Reasons To Rewrite The Boundary Waters Treaty Of 1909, Daniel K. Dewitt
Great Words Needed For The Great Lakes: Reasons To Rewrite The Boundary Waters Treaty Of 1909, Daniel K. Dewitt
Indiana Law Journal
No abstract provided.
From Stockholm To Nairobi To Caracas: Route Toward A New International Law?, Lynton K. Caldwell
From Stockholm To Nairobi To Caracas: Route Toward A New International Law?, Lynton K. Caldwell
IUSTITIA
In the future, as in the past, one function of international law will be to formalize and clarify procedures to deal with emergent problems. The international environmental developments noted in this paper, e.g. global monitoring, supervision of the seabed, protection of endangered species, resource allocation, and many others, will require institutional arrangements differing from those with which nations have had experience. Innovation in legal principles and procedures is an almost certain consequence of such developments. Innovations in principle have been among the more obvious outputs of the international environmental conferences and programs since 1968. As these principles are translated, often …