Law Commons^™

To Have And To Be: An International Human Right To Clean, Healthy, And Sustainable Environment, Deepa Badrinarayana

William & Mary Environmental Law and Policy Review

In July 2022, the United Nations General Assembly passed Resolution 76/300 (“the Resolution”)—affirming a human right to clean, healthy, and sustainable environment (“environmental human rights”). The Resolution essentially affirms a linkage between environmental human rights and “other rights and existing international law,” and “calls upon States, international organizations, business enterprises and other relevant stakeholders to adopt policies, to enhance international cooperation, strengthen capacity-building and continue to share good practices,” to achieve environmental human rights.

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This Article offers a glass half-full perspective on the Resolution, with the caveat that the glass could rapidly become empty unless the right is internalized …

Brief Of Law Professors As Amici Curiae In Support Of Plaintiff-Appellee, Evan J. Criddle

Briefs

No abstract provided.

It Takes Two: Cites, Illegal Wildlife Trade, And Importing Country Accountability, Erica Lyman

William & Mary Environmental Law and Policy Review

This Article proposes that the CITES [Convention on International Trade in Endangered Species of Wild Fauna and Flora] compliance mechanism is fit-for-purpose in its design but its application is biased against source countries and ignores consumer countries both as drivers of illegal wildlife trade and as noncompliant actors. Bringing a justice-based sensibility to the application of the CITES compliance process requires a whole-of-supply-chain analysis and, drawing on the core relational foundations of the treaty, an international perspective, to identity the root causes of non-compliance that allow illegal trade to fester. Ultimately, the compliance mechanism must gel with the machinery and …

Foreword To International Environmentalism: A Global Approach To Global Challenges, Cameron Krause

William & Mary Environmental Law and Policy Review

As the effects of climate change progress, people and governments in every country are left grappling with how to combat the consequences. Recognizing that such global challenges necessitate an international approach, this Symposium was convened to critically examine the domestic application of international law, the role of non-governmental organizations (“NGOs”), transnational ecological harms, and international environmental agreements. Articles and contributions from panelists in the Symposium contemplated the best paths forward in the face of an ever-changing international landscape.

This abstract has been taken from the author's opening paragraphs.

Turning Sanctions Into Reparations: Lessons For Russia/Ukraine, Evan J. Criddle

Faculty Publications

Within the past year, members of Congress have introduced nearly a dozen bills to make Russia pay for its military aggression against Ukraine. This Essay argues that none of the bills are satisfactory because they would either violate international law or fail to deliver meaningful compensation to Ukraine. Instead, the Essay urges policymakers to use economic sanctions as leverage to compel Russia to make reparations through an international claims-settlement process.

Advances In Patent Rights Acquisition In International Patent Law, Sarah R. Wasserman Rajec

Faculty Publications

At this centennial event, we have been asked to reflect on the most consequential developments in international intellectual property law of the last 100 years, with an eye towards important future developments as well. This is no small task, given the proliferation of intellectual property-related treaties and the profound changes in business structures, manufacturing, and trade that the last century has seen. The rise of the multinational corporation has been fueled in part by changes to trade laws, and the inclusion of intellectual property in trade-related treaties has facilitated cross-border research and development, manufacturing, and distribution of goods subject to …