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Full-Text Articles in Law
The Cost Of Doing Business In Asia: A Comparative Legal Study Of Environmental Regulations In The Emerging Markets Of Thailand, Malaysia, And Indonesia, Brooke R. Padgett
The Cost Of Doing Business In Asia: A Comparative Legal Study Of Environmental Regulations In The Emerging Markets Of Thailand, Malaysia, And Indonesia, Brooke R. Padgett
Brooke R. Padgett
Abstract: This article explores whether voluntary standards, customary law, or more binding bilateral investment treaties are best for corporations, the emerging markets of Thailand, Indonesia, and Malaysia, and the environment itself. While corporations, markets, and the environment facially seem to have divergent priorities, environmental disasters are more costly after the fact than they are to prevent so in reality their priorities may not be so different after all. Some of the potential issues the paper will examine and address are big picture macro level such as fairness to future generations, intergenerational rights; the actual cost through questions of polluter pays, …
Global Climate Governance To Enhance Biodiversity & Well-Being: Integrating Non-State Networks And Public International Law In Tropical Forests, Andrew Long
Andrew Long
Environmental governance frequently represents a leading edge of global regulation. The climate regime even continues to create new modes of regulation despite a negotiation impasse. These new initiatives, like existing legal approaches to environmental challenges, too often embrace a fragmented view of issue areas that fails to reflect fundamental connections between the objects of regulation. The shortcomings of a state-driven international issue-by-issue approach to global environmental governance have long been obvious in some areas (such as tropical forests), and are becoming ever clearer in others (most notably climate change). Therefore, private networks play an increasingly important role in global environmental …
A Faustian Bargain: Creating A Successful Agreement In The Wto Negotiations On Trade In Maritime Services, Rod Sullivan
A Faustian Bargain: Creating A Successful Agreement In The Wto Negotiations On Trade In Maritime Services, Rod Sullivan
Rod Sullivan
The WTO has struggled for over a decade to lower trade barriers in services, but few areas have proven as difficult as those barriers which exist in field of the carriage of goods by sea. Ships and shipping are emotional issues, filled with concerns about national pride, national self-sufficiency, and the need for national defense. In just the past few months, the European Community has taken a major step toward free trade by eliminating the liner conference system, a system of cargo and ocean traffic regulation which has been in place for over a century and a half. This change …