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Full-Text Articles in Law
The Basel Convention On The Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal: A Legal Misfit In Global Ship Recycling Jurisprudence, Ishtiaque Ahmed
Washington International Law Journal
The Basel Convention has tempted developed nations into the practice of exporting hazardous waste into undeveloped nations’ territories simply for money in the name of recycling. Being extremely business unfriendly, particularly for the recycling industry, this convention has not been welcomed by many developing nations, leading to serious policy and legal uncertainty in those jurisdictions. However, in the absence of any dedicated, enforceable international legal instrument, the Basel Convention currently remains the foundation of ship-recycling jurisprudence in the domestic courts of all dominant, ship-recycling states and the rest of the world, and the basis for curbing the movement of end-of-life …
Combating Climate Reclacitrance: Carbon-Related Border Tax Adjustments In A New Era Of Global Climate Governancec, David A.C. Bullock
Combating Climate Reclacitrance: Carbon-Related Border Tax Adjustments In A New Era Of Global Climate Governancec, David A.C. Bullock
Washington International Law Journal
This article argues that carbon-related border tax adjustments (“CRBTAs”) can be used effectively to complement the compliance mechanisms of the Paris Agreement against a truly recalcitrant party. The soft enforcement mechanisms envisioned by the Paris Agreement—facilitative assistance and political or moral suasion—are unlikely to provide a sufficient response to a party that becomes truly recalcitrant. CRBTAs provide parties to the Paris Agreement with a hard-edged economic tool able to respond to a party that disavows the Paris regime. This article outlines the features of a CRBTA regime that would be lawful under the General Agreement on Tariffs and Trade and …
Paris When It Sizzles: What Agenda 21 Can Tell Us About The Likely Success Of The Paris Agreement, Jennifer Devlin Calkins
Paris When It Sizzles: What Agenda 21 Can Tell Us About The Likely Success Of The Paris Agreement, Jennifer Devlin Calkins
Washington International Law Journal
The Paris Agreement seeks to address the problem of climate change, a pressingly urgent issue, and one that is extraordinarily difficult to tackle. A primary mitigation mechanism is the requirement that member countries report their nationally determined contributions (“NDCs”) goals and provide metrics for measuring progress in reducing greenhouse gas emissions. This is a “bottom-up” mechanism that does not bind parties to particular emissions targets, but acts to shift party behavior by making progress transparent. To predict the potential effectiveness of this mechanism, this Comment investigates the effectiveness of a similar mechanism contained in Agenda 21, a plan of action …
The Fight For Green Economies: The Role Of Sustainable Development In Nations Facing Turmoil, Lucy K. Infeld
The Fight For Green Economies: The Role Of Sustainable Development In Nations Facing Turmoil, Lucy K. Infeld
Washington International Law Journal
The international focus on sustainable development, and lessening the damage to our environment, can be seen in numerous international conventions and the laws of many individual countries. While most countries around the world have attempted some action to lessen the impact of global warming, not all of these efforts have been successful. Notably, Syria created numerous legal reforms aimed at sustainable development, but has had difficulty implementing these reforms. Contrarily, Morocco, a country with similar climate and obstacles in implementing sustainable development has had great success. A question remains as to whether the lack of implementation of sustainable development practices …
Garbage Day: Will Italy Finally Take Out Its Trash In The Land Of Fires?, Jason A. Slaybaugh
Garbage Day: Will Italy Finally Take Out Its Trash In The Land Of Fires?, Jason A. Slaybaugh
Washington International Law Journal
The illegal dumping and burning of waste and toxic waste in southern Italy has caused such immense environmental damage that the disaster is now known as “Italy’s Chernobyl”. In early 2014, the Italian Senate passed the Land of Fires Decree, a sweeping new law aimed at solving a problem that Italy has historically failed to adequately address. Despite the broad grants of power and the new crime created, the lack of political will renders these new tools useless and means little will likely change. Italy can no longer put this fire out by itself. As such, Italy should look to …
Human Rights, Environmental Protection, And The Sustainable Development Goals, John H. Knox
Human Rights, Environmental Protection, And The Sustainable Development Goals, John H. Knox
Washington International Law Journal
In recent years, international human rights tribunals and other bodies have identified ways that environmental harm can interfere with the enjoyment of human rights, and have clarified that States have obligations to protect human rights against such interference. For example, States have duties to provide access to environmental information, to protect rights of free expression and association in relation to environmental issues, and to provide for participation in environmental decision-making. This article examines how well the draft Sustainable Development Goals (“SDGs”) proposed by the United Nations Open Working Group reflect the human rights obligations relating to environmental protection. It concludes …
Repeating The Failures Of Carbon Trading, Brittany A. Harris
Repeating The Failures Of Carbon Trading, Brittany A. Harris
Washington International Law Journal
Carbon emissions trading, or cap-and-trade, is increasingly in vogue among Pacific Rim countries as a means of combating climate change. In theory, cap-and-trade promises to solve climate change by capping and gradually reducing the amount of carbon dioxide and greenhouse gas emissions, and to do so with maximum economic efficiency. In reality, environmentally effective and economically efficient carbon emission trading systems have eluded both the international community and the European Union, and in practice have arguably increased emissions by artificially prolonging and legitimizing reliance on fossil fuels. In spite of this poor track record, five countries on the Pacific Rim …
Fishers Of Men: The Neglected Effects Of Environmental Depletion On Labor Trafficking In The Thai Fishing Industry, Joanna G. Sylwester
Fishers Of Men: The Neglected Effects Of Environmental Depletion On Labor Trafficking In The Thai Fishing Industry, Joanna G. Sylwester
Washington International Law Journal
Migrant fishermen are left out. Both Thailand’s labor trafficking laws and anti-trafficking measures espoused by international bodies fail to effectively protect men coerced into working in Thailand’s fishing industry. Thailand is a prominent destination for human trafficking victims because of the country’s economic, social, and political conditions. The majority of trafficking victims identified within Thailand are migrants from Thailand’s neighbors—predominantly Myanmar (Burma)—who often escape from conditions of poverty or political persecution. Because of a high demand for Thai fish products and labor shortages in the fishing industry, the commercial fishing industry is a hotbed for labor trafficking. The Government of …
Reap What You Sow: Soil Pollution Remediation Reform In China, Dustin D. Drenguis
Reap What You Sow: Soil Pollution Remediation Reform In China, Dustin D. Drenguis
Washington International Law Journal
As China undergoes the fastest economic development in the history of the world, so too has its environmental problems shattered all precedents. While China’s leaders recognize they must change course, environmental concerns have long taken a back seat to economic development. Soil pollution is destroying China’s environment, affecting public health, and reducing the country’s food supply. Soil pollution slows China’s economic development, preventing land development in urban centers. Soil pollution also threatens China’s social stability because it has inspired marginalized groups to organize in protest of environmental conditions. Environmental remediation, or the obligations of a facility or the government to …
The Problem Of Enforcing Nature's Rights Under Ecuador's Constitution: Why The 2008 Environmental Amendments Have No Bite, Mary Elizabeth Whittenmore
The Problem Of Enforcing Nature's Rights Under Ecuador's Constitution: Why The 2008 Environmental Amendments Have No Bite, Mary Elizabeth Whittenmore
Washington International Law Journal
In 2008, Ecuador became the first nation to give rights to nature when it ratified constitutional amendments (new articles 71-74) that grant the environment the inalienable right to exist, persist, and be respected. Environmentalists hope Ecuador’s amendments will lead to improvement in a country devastated by resource exploitation, and that other countries will follow. Yet, many wonder whether the amendments will be enforced. This comment argues that—all things considered—successful execution of the amendments is unlikely. Ecuador’s President has not demonstrated a sincere intention or ability to implement the amendments. Further, plaintiffs who sue under the amendments face significant legal barriers, …
Incentives For Change: China's Cadre System Applied To Water Quality, Wyatt F. Golding
Incentives For Change: China's Cadre System Applied To Water Quality, Wyatt F. Golding
Washington International Law Journal
The Chinese government has struggled to enforce environmental law, due in part to local protectionism. In an attempt to overcome local protectionism, the 2008 Law on the Prevention and Control of Water Pollution uses the cadre system to incentivize local officials to enforce national water quality standards. This comment argues that the cadre system presents a pragmatic means of attaining enforcement of quantified environmental standards because it implements the already existing Chinese Communist Party’s system of vertical hierarchy that has proven relatively successful in achieving other social goals. The cadre system, however, will only produce clean water over the long-term …
Unjust Enrichment: An Alternative To Tort Law And Human Rights In The Climate Change Context?, Aura Weinbaum
Unjust Enrichment: An Alternative To Tort Law And Human Rights In The Climate Change Context?, Aura Weinbaum
Washington International Law Journal
It is generally accepted within the scholarly international community that global climate change is occurring and is due at least in part to anthropogenic activity. Strategies to mitigate climate change harms and adapt to inevitable climate change-induced consequences are influencing legal, political, and human rights frameworks. Thus far, international litigation attempts to hold emitters accountable have been unsuccessful: Tuvalu’s threat to sue the United States and Australia at the International Court of Justice, and the Inuit’s petition to the Inter-American Commission on Human Rights were both hampered by procedural and substantive legal issues. Perhaps in response, the United Nations and …
Victoria's Window Dressing: How The Environment Effects Act Of 1978 Failed At Bastion Point, Taylor K. Wonhoff
Victoria's Window Dressing: How The Environment Effects Act Of 1978 Failed At Bastion Point, Taylor K. Wonhoff
Washington International Law Journal
In 1978, Victoria’s Parliament enacted the Environment Effects Act 1978 (“EEA”), creating procedures by which the state could call for environmental impact assessments prior to beginning work on proposed construction projects. The EEA, however, is significantly flawed, in that it authorizes the Planning Minister, an elected official, the power not only to promulgate guidelines for the administration of the environmental assessment process, but also the power to determine whether the environmental effects of a project are outweighed by the economic or social benefits of the project’s completion. A case study involving Bastion Point offers a prime example of the effect …
Death By A Thousand Cuts: Incorporating Cumulative Effects In Australia's Environment Protection And Biodiversity Conservation Act, Jessica T. Dales
Death By A Thousand Cuts: Incorporating Cumulative Effects In Australia's Environment Protection And Biodiversity Conservation Act, Jessica T. Dales
Washington International Law Journal
The Environment Protection and Biodiversity Conservation Act 1999 (“EPBCA” or “the Act”) is the Australian government's keystone piece of environmental legislation. The EPBCA provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities, and heritage places—defined in the Act as matters of National Environmental Significance (“NES”). The Act comes into play when a proposed action has the potential to have a significant impact on a matter of national environmental significance. Although it has played a vital role in protecting Australia’s environment, the EPBCA does not explicitly address the cumulative impact of multiple actions on …
Climate Refugees Require Relocation Assistance: Guaranteeng Adequate Land Assets Through Treaties Based On The National Adaptation Programmes Of Action, Holly D. Lange
Washington International Law Journal
Rising ocean levels in the South Pacific threaten thousands of inhabitants with displacement. Many of these small Pacific island states lack available land to internally accommodate displaced individuals. Thus, thousands of “climate refugees” will be forced to move off their island homes and, without provisions of adequate land rights, will most likely end up in refugee camps in other countries. Climate change exemplifies an inherently global challenge. Developed countries produce disproportionately more greenhouse gases, and developing countries lack resources to adequately respond to climatic displacement. International treaties establish a legal responsibility to assist developing states adapt to climate change. However, …
An Ill Wind: Air Pollution In The Pearl River Delta, Caitlin Morray
An Ill Wind: Air Pollution In The Pearl River Delta, Caitlin Morray
Washington International Law Journal
Marine transport is an efficient and cost-effective way to transport goods around the world; at least ninety percent of all global trade is served by the shipping industry and shipping trade is expected to triple in the next two decades. However, because of the poor quality of the fuel used by the shipping industry, ocean-going ships disproportionately impact the environment and human health. The shipping industry is presently estimated to generate almost thirty percent of the world’s smog-forming nitrogen oxide emissions and nearly ten percent of sulfur dioxide emissions that cause acid rain and deadly fine particles. The Pearl River …
China's Environmental Problems: Is A Specialized Court The Solution?, Darcey J. Goetz
China's Environmental Problems: Is A Specialized Court The Solution?, Darcey J. Goetz
Washington International Law Journal
China’s economic growth has come at a high price: environmental and natural resource destruction. Presently, China’s legal system is not prepared to protect China’s environmental resources. China’s State Council has expressed an interest in establishing a civil and administrative system to manage environmental matters. Some of the objectives expressed by the State Council could be achieved by creating a special tribunal to address environmental issues, similar to New Zealand’s Environment Court. A specialized court promotes environmental protection, and specialization creates experts in a specific field, allowing for consistency among decisions. An environmental court will fit into China’s current legal system …
"Pollute First, Control Later" No More: Combating Environmental Degradation In China Through An Approach Based In Public Interest Litigation And Public Participation, Christine J. Lee
Washington International Law Journal
As China continues to face severe environmental degradation as a side effect of torrid economic growth and rise in population, the Chinese government has promulgated numerous environmental laws over the past few decades to address this critical issue. The efficacy of these laws, however, has been highly questionable. Although the laws themselves—modeled substantially on United States and European environmental laws—are relatively complete and comprehensive, difficulties in implementation and particularly enforcement have led to the continued deterioration of China’s environment. These failures in implementation and enforcement of environmental laws emerge from numerous factors, most notably from the decentralized structure of China’s …
Picking Up On What's Going Underground: Australia Should Exempt Carbon Capture And Geo-Sequestration From Part Iiia Of The Trade Practices Act, Adam M. Andrews
Picking Up On What's Going Underground: Australia Should Exempt Carbon Capture And Geo-Sequestration From Part Iiia Of The Trade Practices Act, Adam M. Andrews
Washington International Law Journal
Australia has identified carbon capture and geo-sequestration (“CCS”) as a partial solution to the problem of global warming. CCS involves capturing carbon dioxide from large point-source emitters, such as power plants, and injecting it deep below ground level for disposal. Australia has not yet enacted CCS-specific regulations. As it stands now, Australia’s third-party access law, Part IIIA of the Trade Practices Act, creates regulatory uncertainty for CCS infrastructure projects and will deter investment in the industry. This regulatory uncertainty results from the ambiguous criteria used to determine whether a piece of infrastructure is appropriate for third-party access. Legislators could address …
If I Had A Hammer: The Oecd Guidelines For Multinational Enterprises As Another Tool To Protect Indigenous Rights To Land, Heather Bowman
If I Had A Hammer: The Oecd Guidelines For Multinational Enterprises As Another Tool To Protect Indigenous Rights To Land, Heather Bowman
Washington International Law Journal
As developing countries embrace market economies, a primary source of investment is in the form of foreign direct investment through action by Multinational Enterprises (“Multinationals”) inside a country’s borders. Activity by a Multinational is often regulated only by the host country, which may place minimal restrictions on it for fear of losing investment. This places the country’s people and environment at risk. Indigenous peoples affected by poorly planned or managed development have no opportunity to change plans before they are enacted, and have little chance to obtain reparation for damages suffered. A way of addressing this lack of participation in …
Korean Environmental Regulations: Ready To Take On One Of The World's Largest Private Real Estate Development Projects?, Joon H. Kim
Washington International Law Journal
The South Korean government designated three new Free Economic Zones in an effort to become the financial and logistical hub of Northeast Asia. One of these zones, the Incheon Free Economic Zone (“IFEZ”), will encompass 209 square kilometers of completely new development on reclaimed land and is said to be the biggest real estate development project currently in the world. China started using economic zones much earlier in history and although China experienced economic benefits, it also experienced severe environmental degradation in its highly successful special economic zones. Similarly tremendous economic growth will result from the influx of foreign direct …
State Responsibility And The High Seas Marine Environment: A Legal Theory For The Protection Of Seamounts In The Global Commons, Gregory D. Pendleton
State Responsibility And The High Seas Marine Environment: A Legal Theory For The Protection Of Seamounts In The Global Commons, Gregory D. Pendleton
Washington International Law Journal
At its latest session, the United Nations General Assembly urged States to consider a temporary ban on bottom trawling on the high seas. Bottom trawling technology causes extensive damage both to the habitat of deep sea living marine resources ("LMRs") and to the LMRs themselves. This damage is particularly acute at heavily fished undersea mountains known as seamounts. The pronouncement by the General Assembly, while certainly a positive step, is another unfortunate example of short-sighted fisheries management: instead of creating a legitimate protection regime—such as a moratorium or a system of High Seas Marine Protected Areas ("HSMPA")—for these rare and …
Treading Deep Waters: Substantive Law Issues In Tuvalu's Threat To Sue The United States In The International Court Of Justice, Rebecca Elizabeth Jacobs
Treading Deep Waters: Substantive Law Issues In Tuvalu's Threat To Sue The United States In The International Court Of Justice, Rebecca Elizabeth Jacobs
Washington International Law Journal
In 2002, in response to the United States' refusal to ratify the Kyoto Protocol, the Pacific island nation of Tuvalu, vulnerable to submersion due to the rising sea level, threatened to bring a lawsuit against the United States in the International Court of Justice for damages to its island. Outside of various jurisdictional issues that may preempt the suit, Tuvalu's suit will likely have a number of substantive law problems. Tuvalu must show not only that the United States is unlawfully causing the island damage, but also that it has a right to future damages that have yet to occur. …
Regulatory Diversification And The Monitoring State: The Direction Of Environmental Regulation In Taiwan, Beth E. Kinne
Regulatory Diversification And The Monitoring State: The Direction Of Environmental Regulation In Taiwan, Beth E. Kinne
Washington International Law Journal
Rapid industrialization in Taiwan in the latter half of the twentieth century resulted in dramatic increases in industrial pollution and municipal waste, leaving few places on the small island spared from severe pollution. Public pollution protests in the 1970s and 1980s both contributed to and increased with the liberalization of Taiwanese society. With the end of martial law in 1987 and subsequent creation of the Environmental Protection Agency, Taiwan adopted a command and control regulatory scheme that achieved limited success. From the 1980s onward, the Taiwanese government came to rely upon the participation of a greater number and variety of …
Where The Oregon Trail Meets The Silk Road: Why China's Path To Sustainability Should Bypass Oregon, Samuel A. Rodabough
Where The Oregon Trail Meets The Silk Road: Why China's Path To Sustainability Should Bypass Oregon, Samuel A. Rodabough
Washington International Law Journal
With a substantial population and continued exponential economic growth, China is perceived as exerting ever-increasing pressure on its natural environment. The concept of sustainable development has been posited by many in the international community as a means of overcoming China's bleak environmental outlook, while simultaneously preserving its economic prosperity. However, because of widespread disagreement as to the precise nature, scope, and practical application of sustainable development, the concept remains elusive and has proven difficult to implement. In its most basic form, sustainable development seeks to simultaneously meet environmental, economic, and social needs. With respect to these needs, China has affirmed …
From Techical Fix To Regulatory Mix: Japan's New Environmental Law, Lara Fowler
From Techical Fix To Regulatory Mix: Japan's New Environmental Law, Lara Fowler
Washington International Law Journal
In post-industrial countries like Japan, modem environmental problems defy easy clean up solutions. Thus, effective clean up depends on diverse regulation. Historically, the Japanese government has relied on statutes that mandated technical "fixes" to clean up highly publicized pollution problems. Although such regulations have been successful in areas like air pollution, recent newspaper headlines highlight the extent to which environmental issues continue to affect densely populated Japan. Beginning with the passage of the Environmental Impact Assessment Law in 1997, however, Japan has significantly diversified its environmental policy. Along with strict new regulatory standards, new national laws now allow public access …
From Techical Fix To Regulatory Mix: Japan's New Environmental Law, Lara Fowler
From Techical Fix To Regulatory Mix: Japan's New Environmental Law, Lara Fowler
Washington International Law Journal
In post-industrial countries like Japan, modem environmental problems defy easy clean up solutions. Thus, effective clean up depends on diverse regulation. Historically, the Japanese government has relied on statutes that mandated technical "fixes" to clean up highly publicized pollution problems. Although such regulations have been successful in areas like air pollution, recent newspaper headlines highlight the extent to which environmental issues continue to affect densely populated Japan. Beginning with the passage of the Environmental Impact Assessment Law in 1997, however, Japan has significantly diversified its environmental policy. Along with strict new regulatory standards, new national laws now allow public access …
Rising Seas And Disappearing Islands: Can Island Inhabitants Seek Redress Under The Alient Tort Claims Act?, Rosemary Reed
Rising Seas And Disappearing Islands: Can Island Inhabitants Seek Redress Under The Alient Tort Claims Act?, Rosemary Reed
Washington International Law Journal
Sea levels are rising as a result of increasing greenhouse gas concentrations and global warming. The rising seas threaten to submerge many Pacific Island nations within the next century. The island inhabitants have sought help from the global community, but thus far have been denied assistance. However, the island inhabitants could seek redress in U.S. District Courts against major greenhouse gas emitters under the Alien Tort Claims Act. To satisfy the ATCA's requirement that tort claims must be in violation of international law, the islanders could claim that they are victims of environmental human rights violations and possibly genocide. While …
Punishment And Preventing Pollution In Japan: Is American-Style Criminal Enforcement The Solution?, Robert G. Kondrat
Punishment And Preventing Pollution In Japan: Is American-Style Criminal Enforcement The Solution?, Robert G. Kondrat
Washington International Law Journal
Both Japan and the United States face the ongoing threat of intentional and preventable pollution. From 1970 until the mid-1980s, Japan utilized its environmental crime laws to punish and prevent intentional and preventable acts of pollution. After this period, however, the number of environmental crime arrests and prosecutions in Japan declined. In contrast, since the 1980s, the United States has continued to expand the number of prosecutors and investigators dedicated to the enforcement of environmental crime laws. These divergent trends can be explained by the different pollution histories, enforcement personnel structures, regulatory strategies, and case law of the two countries. …
The Rhetoric And Reality Of Water Quality Protection In China, W. Scott Railton
The Rhetoric And Reality Of Water Quality Protection In China, W. Scott Railton
Washington International Law Journal
With the majority of its freshwater sources polluted, and the pursuant incurrence of significant economic losses, and substantial health risks, China has reached a critical stage in its water resource management. Past efforts to legislate for water quality protection, although promising in content, have been less than effective. Four modes of enforcement—administrative controls, economic incentives, legal responsibility, and campaigns—have achieved only moderate success. This Comment examines the statutory and regulatory framework for water pollution control in China and suggests that if China's water pollution controls are ever to be more than mere rhetoric, China must focus on eliminating conflicts of …