Law Commons^™

Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell

Indiana Journal of Global Legal Studies

Professor O'Connell discusses the tradtional methods used for international law "enforcement," and she argues that international law is generally obeyed Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement, however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through domestic courts. …

International Environmental Law And The "Bottom-Up" Approach: A Review Of The Desertification Convention, Kyle W. Danish

Indiana Journal of Global Legal Studies

The media was once filled with images of encroaching deserts and

starving populations. Attention has since shifted to other issues, but

the problems remain. Desertification is acute not only in familiar

desert regions such as the Sahara, but in regions such as the Sahelian

and Other drylands which comprise nearly thirty-five percent of the

earth's total land area. Mr. Danish analyzes the Desertification

Convention of 1995, discussing both the Convention's efforts to

address the environmental degradation and the Convention's impact

on international notions of the state, crafting large-scale responses,

and generating centralized regulation. This Convention employs a

"bottom-up" approach; it …