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Full-Text Articles in Law
Reclaiming Sacred Homelands: Asserting Treaty Rights And The Path Towards Restoration Of The Badger-Two Medicine, Sarah Greenberg
Reclaiming Sacred Homelands: Asserting Treaty Rights And The Path Towards Restoration Of The Badger-Two Medicine, Sarah Greenberg
American Indian Law Journal
“In order for law to have an influence in the lives of ordinary people, it must have something to do with the emotional feelings of justice, it must speak to our basic humanity, and it must give us common sense directions as to what behavior and beliefs are right and wrong"
Ute Indian Tribe Of The Uintah & Ouray Reservation V. U.S. Dep't Of Interior, Valan Anthos
Ute Indian Tribe Of The Uintah & Ouray Reservation V. U.S. Dep't Of Interior, Valan Anthos
Public Land & Resources Law Review
The Ute Indian Tribe of the Uintah & Ouray Reservation brought 16 claims against federal agencies and the State of Utah for alleged mismanagement of water resources held in trust and for alleged discrimination in water allocation. The United States District Court for the District of Columbia dismissed several of the claims as time-barred and others as lacking a proper statutory basis to create an enforceable trust duty. The remaining claims were transferred to the United States District Court of the District of Utah because the events occurred in Utah and most of the parties reside there.
Unmuddying The Waters: Evaluating The Legal Basis Of The Human Right To Water Under Treaty Law, Customary International Law, And The General Principles Of Law, Ndjodi Ndeunyema
Unmuddying The Waters: Evaluating The Legal Basis Of The Human Right To Water Under Treaty Law, Customary International Law, And The General Principles Of Law, Ndjodi Ndeunyema
Michigan Journal of International Law
This article evaluates the existence of a freestanding, general human right to water under each of the three principal sources of international law: treaty, customary international law, and the general principles of law. To date, the right to water has been derived from treaty law, most prominently as part of the right to an adequate standard of living in article 11 of the International Covenant on Economic, Social and Cultural Rights (as implied by General Comment 15 to the ICESCR). The potential importance of a non-treaty based right to water––as a matter of customary international law or a general principle …
Evolution Of Water Institutions In The Indus River Basin: Reflections From The Law Of The Colorado River, Erum Sattar, Jason Robison, Daniel Mccool
Evolution Of Water Institutions In The Indus River Basin: Reflections From The Law Of The Colorado River, Erum Sattar, Jason Robison, Daniel Mccool
University of Michigan Journal of Law Reform
Transboundary water institutions in the Indus River Basin can be fairly characterized as broken in key respects. International relations between India and Pakistan over the Indus Waters Treaty, as well as interprovincial relations within Pakistan over the 1991 Water Accord, speak to this sentiment. Stemming from research undertaken by the authors for the Harvard Water Federalism Project and the United States Agency for International Development (USAID), this Article seeks to spur the evolution of the Indus River Basin’s water institutions by offering a comparative perspective from North America’s most “institutionally encompassed” basin, the Colorado River Basin. Mindful of the importance …
Ocean Ecosystem Stewardship, W. M. Von Zharen
Ocean Ecosystem Stewardship, W. M. Von Zharen
William & Mary Environmental Law and Policy Review
No abstract provided.
Dial V. Navajo-Hopi Relocation Commission: Relocation Benefits
Dial V. Navajo-Hopi Relocation Commission: Relocation Benefits
American Indian Law Review
No abstract provided.
Hard Minerals On The Deep Ocean Floor: Implications For American Law And Policy, Robert F. Pietrowski Jr.
Hard Minerals On The Deep Ocean Floor: Implications For American Law And Policy, Robert F. Pietrowski Jr.
William & Mary Law Review
No abstract provided.