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Full-Text Articles in Law

Tpp And Environmental Regulation, Errol Meidinger Aug 2019

Tpp And Environmental Regulation, Errol Meidinger

Contributions to Books

Published as Chapter 8 in Megaregulation Contested: Global Economic Ordering After TPP, Benedict Kingsbury, David M. Malone, Paul Mertenskötter, Richard B. Stewart, Thomas Streinz & Atsushi Sunami, eds.

This article examines the environment-related provisions of the Trans-Pacific Partnership Agreement (TPP) to assess how and how much they contribute to a larger megaregulatory program for the Asia-Pacific region. The TPP calls for ‘high levels’ of environmental protection and effective enforcement; incorporates duties from several multilateral environmental agreements; adds new provisions addressing several important environmental problems; mandates administrative best practices; promotes corporate social responsibility and the use of voluntary certification systems; and …


The Public Trust Doctrine In Environmental And Natural Resources Law, Second Edition, Mary C. Wood, Michael Blumm Jan 2015

The Public Trust Doctrine In Environmental And Natural Resources Law, Second Edition, Mary C. Wood, Michael Blumm

Contributions to Books

The public trust doctrine (PTD) is an ancient property law doctrine which first surfaced in Roman law in the Justinian Code, was revived in medieval England largely through the efforts of Sir Mathew Hale, and became entrenched in American law in the nineteenth century through the process of statehood. In the twentieth century, the doctrine became a favorite of the law professoriate and the environmental community for its potential to recognize public rights in private property. Thus, the doctrine both promotes public access to trust resources and justifies public regulation of them. It also equips the public with the right …


The Reform Of The Governance Of The Ifis: A Critical Assessment, Daniel Bradlow Jan 2012

The Reform Of The Governance Of The Ifis: A Critical Assessment, Daniel Bradlow

Contributions to Books

The thesis of this chapter is that, despite all the governance changes that the IFIs have undergone, they still do not have adequate governance arrangements and will need to undergo further reform if they are to perform their mandates effectively. In order to establish this thesis, this chapter is divided into four parts. First, it describes the reforms the IFIs have agreed to and have implemented. Second, it sets out some benchmarks against which these governance reforms can be measured. Third, it assesses the adequacy of the reforms undertaken based on the benchmarks identified in the second section. The final …


Introduction, Daniel Bradlow, David Hunter Sep 2010

Introduction, Daniel Bradlow, David Hunter

Contributions to Books

This is the introduction to an edited volume of papers on International Financial Institutions and International Law. The introduction provides an explanation of the editors motivation for undertaking this book project and an overview of the chapters in the book.


Conclusion: The Future Of International Law And International Financial Institutions, Daniel Bradlow, David Hunter Sep 2010

Conclusion: The Future Of International Law And International Financial Institutions, Daniel Bradlow, David Hunter

Contributions to Books

This is the conclusion to the edited volume, International Financial Institutions and International Law. After a brief overview of the key points made in the volume, the authors offer some observations on the role that international law plays and should play in the functioning of international financial institutions and some suggestions for future research on the topic.