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Looking To The Practices Of Transnational Corporations To Protect The Global Environment: A New Theory Of Custom In International Environmental Law, Matthew Thurmer
Looking To The Practices Of Transnational Corporations To Protect The Global Environment: A New Theory Of Custom In International Environmental Law, Matthew Thurmer
Matthew A Thurmer Mr.
To a large extent, international environmental law has been unsuccessful. As a result, new and creative thinking is needed to protect the global environment. This paper, in particular, considers an approach to customary international law that is based on the practices of transnational corporations (TNCs) rather than the practices of states. Of course, many TNCs are harming the Earth. Thus, the state must regulate these multinational companies to establish practices that are environmentally sound. If enough states pass and enforce such laws, then at some point a rule of custom will arise that can protect the global environment.
Anticipating The Storm: Predicting And Preventing Global Technology Conflicts, Sabrina Safrin
Anticipating The Storm: Predicting And Preventing Global Technology Conflicts, Sabrina Safrin
Sabrina Safrin
This article helps lay the foundation for a new field of international law — International Law and Technology — and opens novel avenues of inquiry in law and technology and intellectual property more broadly. It analyzes as a starting point why some technologies generate global conflicts while others do not. Technologies that face international resistance can trigger a barrage of international legal responses, ranging from trade bans and WTO disputes to international regulatory regimes and barriers to patenting. Agricultural biotechnology triggered all of these legal flashpoints, while the cellphone, a technology that grew up alongside it, triggered none. Why?
Understanding …