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Science And Compliance In The Arctic: A Constructivist Approach To The Un Commission On The Limits Of The Continental Shelf, Sari M. Graben, Peter Harrison
Science And Compliance In The Arctic: A Constructivist Approach To The Un Commission On The Limits Of The Continental Shelf, Sari M. Graben, Peter Harrison
Sari M Graben
The United Nations Commission on the Limits of the Continental Shelf is expected to play an essential role in delineating the rights of the Arctic states to sea bed resources in the Arctic Ocean. Positivist theories of international law generally source Arctic state compliance to the binding effect of Article 76 of the UN Convention on the Law of the Sea. However, positivist explanations fail to answer why the Arctic states, which are authorized to establish their own limits, would accept the sovereignty costs associated with the Commission’s legal and scientific interpretations. In order to better understand how the Commission …
Climate Change, Forests, And International Law: Redd's Descent Into Irrelevance, Annecoos Wiersema
Climate Change, Forests, And International Law: Redd's Descent Into Irrelevance, Annecoos Wiersema
Annecoos Wiersema
Forestry activities account for over 17% of human-caused greenhouse gas emissions. Since 2005, parties to the United Nations Convention on Climate Change have been negotiating a mechanism known as REDD – Reducing Emissions from Deforestation and Degradation – to provide an incentive for developing countries to reduce carbon emissions and limit deforestation at the same time. Many believe this mechanism will not only mitigate climate change but will also provide biodiversity and forests with the hard international law regime that has so far been missing. These commentators assume REDD will develop into this kind of hard international law regime. They …
Enforcing International Law: States, Ios, And Courts As Shaming Reference Groups, Roslyn Fuller, Sandeep Gopalan
Enforcing International Law: States, Ios, And Courts As Shaming Reference Groups, Roslyn Fuller, Sandeep Gopalan
Roslyn Fuller
We seek to answer the question as to whether international law imposes meaningful constraints on state behaviour. Unabated drone strikes by the dominant superpower in foreign territories, an ineffective United Nations, and persistent disregard for international law obligations, as evidenced by states killing their own citizens, all suggest that the sceptics have won the debate about whether international law is law and whether it affects state behaviour. We argue that such a conclusion would be in error because it grossly underestimates the complex ways in which IL affects state behaviour. We argue that scholars who claim that the lack of …
The Law Of The Sea In The Strait Of Hormuz: Contending Legal Regimes At The Cusp Of Conflict, James Kraska
The Law Of The Sea In The Strait Of Hormuz: Contending Legal Regimes At The Cusp Of Conflict, James Kraska
James Kraska
This article resolves long-standing confusion over the legal regime that applies to passage through the Strait of Hormuz. Iran and the United States profoundly disagree about the applicable international law in the Strait of Hormuz, a narrow stretch of water through which travels 17 million barrels of oil per day—20 percent of the world total. The strait connects the Arabian Sea to the Persian Gulf, and is ground zero in the clash between the two states. Each year 12,000 vessels, half of them oil tankers greater than 150,000 gross tons, converge in dense traffic patterns in Iranian territorial seas en …
The Eu’S Ets And Global Aviation: Why “Local Rules” Still Matter In A Globalized World And Why They Might Matter Even More In The Future, Michael Buenger
The Eu’S Ets And Global Aviation: Why “Local Rules” Still Matter In A Globalized World And Why They Might Matter Even More In The Future, Michael Buenger
Michael Buenger
Over the last 60 years, the globe’s most powerful states and blocs of states (hereinafter “states”) have put considerable effort into coordinating international activities through the use of formal treaties and the acceptance of broad concepts of customary law. Yet in recent years entirely new forms of international lawmaking have emerged as evidenced by the rise of supernational institutions like the EU, non-state actors, and the unilateral extension of municipal law to shape global behavior. The EU’s unilateral extension of the ETS to global aviation is an example of this later development. Because of their economic size and political acumen, …