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Articles 1 - 14 of 14
Full-Text Articles in Law
The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone
The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone
Linda A. Malone
Major issues and complexities arise when one is looking at the international puzzle that is Antarctica. Despite being uninhabited year round and lacking substantial long-term international law rules for sovereignty, states still try to claim their sovereignty over various parts of Antarctica. The consortium of states under the Antarctica Treaty System (“ATS”) then further aggravates these complexities, especially when other states outside of the ATS have been arguing for different regimes and approaches to dealing with Antarctica and resource exploitation. Due to these major issues and a desperate need for a resolution in times of global climate change, this Article …
Exercising Environmental Human Rights And Remedies In The United Nations System, Linda A. Malone, Scott Pasternack
Exercising Environmental Human Rights And Remedies In The United Nations System, Linda A. Malone, Scott Pasternack
Linda A. Malone
No abstract provided.
Book Review Of Principles Of International Environmental Law, Linda A. Malone
Book Review Of Principles Of International Environmental Law, Linda A. Malone
Linda A. Malone
No abstract provided.
The North-South Divide In International Environmental Law: Framing The Issues, Carmen G. Gonzalez, Sumudu Atapattu
The North-South Divide In International Environmental Law: Framing The Issues, Carmen G. Gonzalez, Sumudu Atapattu
Carmen G. Gonzalez
The unprecedented degradation of the planet’s vital ecosystems is among the most pressing issues confronting the international community. Despite the proliferation of legal instruments to combat environmental problems, conflicts between rich and poor nations (the North-South divide) have compromised the effectiveness of international environmental law, leading to deadlocks in environmental treaty negotiations and non-compliance with existing agreements. Through contributions from scholars based in five continents, International Environmental Law and the Global South examines both the historical origins of the North-South divide in European colonialism as well as its contemporary manifestations in a range of issues, including food justice, energy justice, …
International Environmental Law And The Global South, Carmen G. Gonzalez
International Environmental Law And The Global South, Carmen G. Gonzalez
Carmen G. Gonzalez
The unprecedented degradation of the planet’s vital ecosystems is among the most pressing issues confronting the international community. Despite the proliferation of legal instruments to combat environmental problems, conflicts between rich and poor nations (the North-South divide) have compromised the effectiveness of international environmental law, leading to deadlocks in environmental treaty negotiations and non-compliance with existing agreements. Through contributions from scholars based in five continents, International Environmental Law and the Global South examines both the historical origins of the North-South divide in European colonialism as well as its contemporary manifestations in a range of issues, including food justice, energy justice, …
China's Engagement With Latin America: Partnership Or Plunder?, Carmen G. Gonzalez
China's Engagement With Latin America: Partnership Or Plunder?, Carmen G. Gonzalez
Carmen G. Gonzalez
The emergence of China as a significant economic force in Latin America has sparked both optimism and alarm. With titles such as 'The Coming China Wars' and 'The Dragon in the Backyard,' recent books and articles depict China as a rising imperial power scouring the globe for natural resources and as a competitive threat to Latin America. Other studies applaud China’s pragmatic, unorthodox development strategies and portray China as a successful model for developing countries. The competing narratives about China’s rise do agree on one thing: China has become a formidable force in the developing world whose influence merits careful …
Global Laws, Local Lives: Impact Of The New Regionalism On Human Rights Compliance, Stephen Powell, Patricia Pérez
Global Laws, Local Lives: Impact Of The New Regionalism On Human Rights Compliance, Stephen Powell, Patricia Pérez
Stephen Joseph Powell
Continuation of the brisk pace of international economic growth with its necessarily increased use of natural resources—often at unsustainable levels—and its higher levels of pollution—often at the cost of citizen health—combine with the rules of the global trading system to threaten human rights to health, to freedom from forced or child labor, to non-discrimination, to a fair wage, to a healthy environment, even to democratic governance and participation in the political process. As a result, in recent years a growing number of economists begrudgingly acknowledge the incontrovertible—although presently dysfunctional—linkage between trade and human rights and the need to integrate these …
China En América Latina: Derecho, Economía Y Desarrollo Sostenible, Carmen G. Gonzalez
China En América Latina: Derecho, Economía Y Desarrollo Sostenible, Carmen G. Gonzalez
Carmen G. Gonzalez
Los crecientes vínculos económicos y políticos entre China y América Latina han desatado controversias entre académicos, eruditos en la materia, y personas encargadas de elaborar políticas. Algunos académicos afirman que China es una potencia imperial emergente, comprometida en la lucha por obtener los recursos del mundo en desarrollo, y una amenaza competitiva para América Latina. Otros aplauden las estrategias de desarrollo chinas, pragmáticas y poco ortodoxas, y las describen como un modelo exitoso para los países en desarrollo. El presente artículo pone en duda las narratives predominantes sobre la cresciente influencia de China en América Latina, e interroga las implicaciones …
China In Latin America: Law, Economics, And Sustainable Development, Carmen G. Gonzalez
China In Latin America: Law, Economics, And Sustainable Development, Carmen G. Gonzalez
Carmen G. Gonzalez
The growing economic and political ties between China and Latin America have sparked controversy among scholars, pundits, and policy-makers. Some scholars contend that China is a rising imperial power scouring the globe for natural resources, exploiting less powerful nations, and rejecting international environmental agreements that would curb its profligate consumption of the world’s natural resources. Others applaud China’s unorthodox development strategies and portray China as a successful model for developing countries and as a welcome counterweight to U.S. economic and political hegemony. This paper interrogates the competing narratives about China’s growing influence in Latin America and examines the implications of …
Sovereignty And Environmental Justice In International Law, André Nollkaemper
Sovereignty And Environmental Justice In International Law, André Nollkaemper
André Nollkaemper
No abstract provided.
Regional Economic Arrangements And The Rule Of Law In The Americas: The Human Rights Face Of Free Trade Agreements, Stephen Powell
Regional Economic Arrangements And The Rule Of Law In The Americas: The Human Rights Face Of Free Trade Agreements, Stephen Powell
Stephen Joseph Powell
In past studies, we explored the more visible and controversial linkages between international trade law and non-trade issues that span a broad range of vital interests we may collectively describe as human rights law. We have addressed the widespread criticism that international trade rules are insensitive to basic human rights and that globalization has done little with its enormous power to preserve exhaustible natural resources and otherwise promote sustainable development, to alleviate the gap between rich and poor, to encourage states to grant their citizens basic human rights contained in U.N. treaties, to resolve the often conflicting policies underlying essential …
The Place Of Human Rights Law In World Trade Organization Rules, Stephen Joseph Powell
The Place Of Human Rights Law In World Trade Organization Rules, Stephen Joseph Powell
Stephen Joseph Powell
WTO rules routinely are linked to the inability of nations to make meaningful progress in sharpening environmental and other human rights protections, for example, the failure of the 2002 Johannesburg World Summit on Sustainable Development to usher in any new treaties despite the bright promise of the Rio Earth Summit of the previous decade. The common brief of environmental, medical, and development interest groups is that the market principles of supply and demand, comparative advantage, and non-discrimination on which global trade rules are built have encumbered pursuit by nations of fundamental non-economic objectives that must in any reasoned legal hierarchy …
Compliance Control In International Environmental Law: Traversing The Limits Of The National Legal Order, André Nollkaemper
Compliance Control In International Environmental Law: Traversing The Limits Of The National Legal Order, André Nollkaemper
André Nollkaemper
No abstract provided.
Justice For The Sea Turtle: Marine Conservation And The Court Of International Trade, Paul Stanton Kibel
Justice For The Sea Turtle: Marine Conservation And The Court Of International Trade, Paul Stanton Kibel
Paul Stanton Kibel
No abstract provided.