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Articles 1 - 25 of 25
Full-Text Articles in Law
Using Sustainability Criteria For Biomass, Evgenia Pavlovskaia
Using Sustainability Criteria For Biomass, Evgenia Pavlovskaia
Evgenia Pavlovskaia
This article explores the use of sustainability criteria for biomass as a tool to promote and safeguard sustainability of this product. Much attention is paid to the issues that sustainability criteria for biomass should consider. Among them the priority for food supply and food security, the emission reduction of green house gases (GHG) through the whole production chain, the preservation of areas of high ecological value, the protection of soil and water quality, and the requirements to the use of genetically modified organisms (GMOs) are highlighted. In general, different issues relevant for sustainable biomass can be outlined and promoted. Their …
On Genealogy Of Proposals To Reform Investor-State Arbitration, Ahmad Ghouri
On Genealogy Of Proposals To Reform Investor-State Arbitration, Ahmad Ghouri
Ahmad Ali Ghouri
Investor-State arbitration cases involving public interest regulation have been understood as struggles between advocates of the free movement of investment capital, such as multinational corporations, and environmental or human rights interest groups. The critical questions have been framed as follows: should the competing values and interests in public interest regulatory disputes be reconciled through investor-State arbitration? Should arbitrators be permitted to incorporate non-investment international norms into investment law and interpret investment treaties by applying international law generally? Is the development of international law better served by States, as representatives of their peoples, determining the balance of protection and costs by …
Governance Approaches That Can Be Used To Implement Sustainability Criteria, Evgenia Pavlovskaia
Governance Approaches That Can Be Used To Implement Sustainability Criteria, Evgenia Pavlovskaia
Evgenia Pavlovskaia
Implementation of sustainability criteria, both in legal frameworks and voluntary sustainability standards, is an urgent and important issue. In the article, three less state-centric governance approaches and their capacity to be used to implement sustainability criteria have been investigated. The chosen approaches are good governance, multi-level governance and selfgovernance. Their potential strengths and weaknesses have been pointed out. The research indicates that sustainability criteria can be implemented in different ways, which have the potential to highlight, strengthen or weaken different aspects of their function. The use of different governance approaches, or their combinations, can lead to different implementation results for …
Rtop's Second Pillar: The Responsibility To Assist In Theory And Practice In Solomon Islands, Charles Hawksley, Nichole Georgeou
Rtop's Second Pillar: The Responsibility To Assist In Theory And Practice In Solomon Islands, Charles Hawksley, Nichole Georgeou
Nichole Georgeou
This paper explores the implementation of a regional capacity-building program in Solomon Islands, a state that experienced significant violence and political tension between 1998 and 2003. The July 2003 intervention of the Regional Assistance Mission to Solomon Islands (RAMSI) is a useful and relevant case study for understanding the operationalization of Pillar II of RtoP, which the authors have termed the “Responsibility to Assist” (RtoA). While RAMSI has not consciously adopted RtoP language in its operations, the rationale for the intervention included humanitarian as well as wider regional security concerns. The mission’s emphasis on developing the state’s capacities in policing …
Analysis Of The Mechanisms To Control The Fulfillment Of The Eu Sustainability Criteria For Biofuels In Directive 2009/28/Ec, (Part Ii), Evgenia Pavlovskaia
Analysis Of The Mechanisms To Control The Fulfillment Of The Eu Sustainability Criteria For Biofuels In Directive 2009/28/Ec, (Part Ii), Evgenia Pavlovskaia
Evgenia Pavlovskaia
The article analyzes mechanisms established to control the fulfillment of the EU sustainability criteria for biofuels that were presented in Directive 2009/28/EC. The article is the continuation of the research started in the work Pavlovskaia, E. (2013) “Controlling the Fulfillment of the EU Sustainability Criteria for Transport Biofuels”, which was published in RELP 4/2013. The conducted analysis is grounded in the opinions of the leading researchers in the environmental energy studies. The results of the article highlight that there are difficulties to achieve the desirable quality of control when the EU sustainability criteria are implemented. It is pointed out that …
Readmission Agreements And Refugee Rights: From A Critique To A Proposal, Mariagiulia Giuffré
Readmission Agreements And Refugee Rights: From A Critique To A Proposal, Mariagiulia Giuffré
Mariagiulia Giuffré
Against the backdrop of the bilateral cooperation on migration control between individual EU Member States and third countries, this paper examines whether the implementation of readmission agreements hampers access to protection for asylum-seekers subjected to a return procedure. It concludes that no issue of incompatibility with refugee and human rights law stems from the text of readmission agreements, administrative tools used to articulate the procedures for a smooth return of irregular migrants and rejected refugees to countries of origin or transit. Nonetheless, instances of informal practices of border control, especially in situations of emergency and mass influxes demonstrate how the …
Can Coal Miners Escape Black Lung? An Analysis Of The Coal Miner Job Transfer Program And Its Implications For Occupational Medical Removal Protection Programs, Emily Spieler
Emily A. Spieler
No abstract provided.
Assessing Fairness In Workers' Compensation Reform: A Commentary On The 1995 West Virginia Workers' Compensation Legislation, Emily Spieler
Assessing Fairness In Workers' Compensation Reform: A Commentary On The 1995 West Virginia Workers' Compensation Legislation, Emily Spieler
Emily A. Spieler
No abstract provided.
Controlling The Fulfillment Of The Eu Sustainability Criteria For Transport Biofuels (On The Basis Of Directive 2009/28/Ec), Part I, Evgenia Pavlovskaia
Controlling The Fulfillment Of The Eu Sustainability Criteria For Transport Biofuels (On The Basis Of Directive 2009/28/Ec), Part I, Evgenia Pavlovskaia
Evgenia Pavlovskaia
The present article researches the mechanisms suggested for controlling the fulfillment of the EU sustainability criteria for transport biofuels that have been presented in the central legal framework in this area, which is Directive 2009/28/EC. The analysis is extended to the related EU policy documents of a non-binding explanatory and recommendatory character. Judging from the content of Directive 2009/28/EC, two main levels of the EU control can be distinguished. The first one is exercised by the EU internal bodies on how the sustainability criteria are fulfilled by the Member States. This level of control is primarily characterized by the scheduled …
State Responsibility Beyond Borders: What Legal Basis For Italy's Push-Backs To Libya?, Mariagiulia Giuffré
State Responsibility Beyond Borders: What Legal Basis For Italy's Push-Backs To Libya?, Mariagiulia Giuffré
Mariagiulia Giuffré
This article takes Italy’s widely-debated 2009 push-backs to Libya campaign as a point of reference to address whether bilateral agreements for technical and police cooperation provide the legal foundation for the forced return of intercepted refugees to countries of embarkation. Through a detailed analysis of both the facts and the texts of the published and unpublished bilateral accords, it concludes that, although push-backs do not have a clear legal basis, the agreements between Italy and Libya constitute a fundamental component of the multifaceted legal and political framework underpinning Italy’s practice of interdiction and return. Moreover, by entrusting a non-EU third …
Gay Parenthood And The Revolution Of The Modern Family: An Examination Of The Unique Barriers Confronting Gay Adoptive Parents, Nicholas Arntsen
Gay Parenthood And The Revolution Of The Modern Family: An Examination Of The Unique Barriers Confronting Gay Adoptive Parents, Nicholas Arntsen
Nicholas Benedict Arntsen
Abstract: In recent decades, the structure of the American family has been revolutionized to incorporate families of diverse and unconventional compositions. Gay and lesbian couples have undoubtedly played a crucial role in this revolution by establishing families through the tool of adoption. Eleven adoptive parents from the state of Connecticut were interviewed to better conceptualize the unique barriers gay couples encounter in the process adoption. Both the scholarly research and the interview data illustrate that although gay couples face enormous legal barriers, the majority of their hardship comes through social interactions. As a result, the cultural myths and legal restrictions …
Cliff Jumping: Working For A Non-Aba-Accredited Law School - Why The Reward Is Worth The Risk, Katherine Marsh, Jordan Gilbertson
Cliff Jumping: Working For A Non-Aba-Accredited Law School - Why The Reward Is Worth The Risk, Katherine Marsh, Jordan Gilbertson
Katherine Marsh
No abstract provided.
Watered-Down Rights On The High Seas: Hirsi Jamaa And Others V Italy, Mariagiulia Giuffré
Watered-Down Rights On The High Seas: Hirsi Jamaa And Others V Italy, Mariagiulia Giuffré
Mariagiulia Giuffré
No abstract provided.
Homecoming: The Ritual Of Writing History, Deborah Post
Homecoming: The Ritual Of Writing History, Deborah Post
Deborah W. Post
No abstract provided.
Eu Migration Control: Made By Gaddafi?, Gregor Noll, Mariagiulia Giuffré
Eu Migration Control: Made By Gaddafi?, Gregor Noll, Mariagiulia Giuffré
Mariagiulia Giuffré
No abstract provided.
Appropriation & Transculturation In The Creation Of Community, Deborah Post
Appropriation & Transculturation In The Creation Of Community, Deborah Post
Deborah W. Post
No abstract provided.
Misuse And Abuse Of The Lsat: Making The Case For Alternative Evaluative Efforts And A Redefinition Of Merit, Phoebe Haddon, Deborah Post
Misuse And Abuse Of The Lsat: Making The Case For Alternative Evaluative Efforts And A Redefinition Of Merit, Phoebe Haddon, Deborah Post
Deborah W. Post
No abstract provided.
Having One's Property And Eating It Too: When The Article 9 Security Interest Becomes A Nuisance, F. Knippenberg, Lawrence Ponoroff
Having One's Property And Eating It Too: When The Article 9 Security Interest Becomes A Nuisance, F. Knippenberg, Lawrence Ponoroff
F. Stephen Knippenberg
No abstract provided.
Environmental Impact Assessment In The European Community: Shaping International Norms, William Tabb
Environmental Impact Assessment In The European Community: Shaping International Norms, William Tabb
William M. Tabb
No abstract provided.
Debtors Who Convert Their Assets On The Eve Of Bankruptcy: Villians Or Victims Of The Fresh Start, F. Knippenberg
Debtors Who Convert Their Assets On The Eve Of Bankruptcy: Villians Or Victims Of The Fresh Start, F. Knippenberg
F. Stephen Knippenberg
No abstract provided.
Twenty-Five Years Of The Clean Air Act In Perspective, William Tabb
Twenty-Five Years Of The Clean Air Act In Perspective, William Tabb
William M. Tabb
No abstract provided.
Reflections On Identity, Diversity And Morality, Deborah Post
Reflections On Identity, Diversity And Morality, Deborah Post
Deborah W. Post
No abstract provided.
Reconsidering The Application Of Laches In Environmental Litigation, William Tabb
Reconsidering The Application Of Laches In Environmental Litigation, William Tabb
William M. Tabb
No abstract provided.
Uniformity And Efficiency In The Uniform Commercial Code: A Partial Research Agenda, F. Knippenberg, William Woodward
Uniformity And Efficiency In The Uniform Commercial Code: A Partial Research Agenda, F. Knippenberg, William Woodward
F. Stephen Knippenberg
No abstract provided.
Debtor Name Changes And Collateral Transfers Under 9-402(7): Drafting From The Outside-In, F. Knippenberg
Debtor Name Changes And Collateral Transfers Under 9-402(7): Drafting From The Outside-In, F. Knippenberg
F. Stephen Knippenberg
No abstract provided.