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Full-Text Articles in Law
Biodiversity In The Marine Environment: Resource Implications For The Law Of The Sea, Christopher C. Joyner
Biodiversity In The Marine Environment: Resource Implications For The Law Of The Sea, Christopher C. Joyner
Vanderbilt Journal of Transnational Law
Professor Joyner begins by explaining what biodiversity is and how it is currently being threatened. He then describes the existing international prescriptions that relate to the preservation of biodiversity, including the Convention on Biodiversity, the Convention on the Law of the Sea, the Convention on the Prevention of Marine Pollution by Dumping and Other Matter, and the International Convention for the Prevention of Pollution from Ships. Professor Joyner examines how these prescriptions protect or fail to protect biodiversity in the marine environment, both independently and in conjunction with related international environmental law. Finally, he assesses how international organizations, regional protection …
The Biodiversity Convention: How To Make It Work, Lee A. Kimball
The Biodiversity Convention: How To Make It Work, Lee A. Kimball
Vanderbilt Journal of Transnational Law
The Symposium convenors posed the following question: "Is a United Nations convention the most appropriate means to pursue the goal of biodiversity?" In response, the author notes that the Biodiversity Convention does not entail many binding obligations; rather, it provides a management framework from which further detailed action programs may develop. In the context of nonbinding international "soft law," the author advocates the adoption of a series of best practice "menus" for individual industries and sectors of activity, based on a review of existing technical criteria and guidelines. The author recognizes that specialized initiatives pursuant to the regional seas agreements …
Responsibility For Biological Diversity Conservation Under International Law, Catherine Tinker
Responsibility For Biological Diversity Conservation Under International Law, Catherine Tinker
Vanderbilt Journal of Transnational Law
Professor Tinker begins with a general discussion of biodiversity law within the context of existing international environmental issues and traditional international lawmaking. The article analyzes the legal issues that attend the fulfillment of the objectives of the Biodiversity Convention. The article examines the work of the International Law Commission on state responsibility and liability for environmental harm. The article then explores the precautionary principle and argues that it should be more aggressively applied in order to fulfill the mandate of the Biodiversity Convention.