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Articles 1 - 5 of 5
Full-Text Articles in Law
Because The Cart Situates The Horse: Unrecognized Movements Underlying The Indian Supreme Court’S Internalization Of International Environmental Law, Saptarishi Bandopadhyay
Because The Cart Situates The Horse: Unrecognized Movements Underlying The Indian Supreme Court’S Internalization Of International Environmental Law, Saptarishi Bandopadhyay
Saptarishi Bandopadhyay
The text that follows is intended to serve as an examination of the approaches and methods employed by the Indian Supreme Court in its effort to integrate international environmental norms such as the principle of Sustainable Development, the Precautionary Principle and the Polluter Pays Principle as part of the existing body of binding, municipal rules in India. Virtually all of Indian legal jurisprudence that speaks to this subject has been developed by the Supreme Court. Likewise, in no small part for this contribution, the Court has developed a reputation for being an activist institution that has since the mid 1980s …
Emerging Law Addressing Climate Change And Water, Prof. Elizabeth Burleson
Emerging Law Addressing Climate Change And Water, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
The World Economic Forum recognizes that while restrictions on energy affect water systems and vice versa, energy and water policy are rarely coordinated. The International Panel on Climate Change predicts that wet places will become wetter and dry places will become dryer. Transboundary water, energy and climate coordination can occur through international consensus building.
Climate Change, Sustainable Development, And Ecosystems: 2009 Annual Report, John Dernbach
Climate Change, Sustainable Development, And Ecosystems: 2009 Annual Report, John Dernbach
John C. Dernbach
No abstract provided.
Making The States Full Partners In A National Climate Change Effort: A Necessary Element For Sustainable Economic Development, John Dernbach, Robert Mckinstry, Thomas Peterson
Making The States Full Partners In A National Climate Change Effort: A Necessary Element For Sustainable Economic Development, John Dernbach, Robert Mckinstry, Thomas Peterson
John C. Dernbach
This article explains why states and localities need to be full partners in a national climate change effort based on federal legislation or the existing Clean Air Act. A large share of reductions with the lowest cost and the greatest co-benefits (e.g., job creation, technology development, reduction of other pollutants) are in areas that a federal cap-and-trade program or other purely federal measures will not easily reach. These are also areas where the states have traditionally exercised their powers—including land use, building construction, transportation, and recycling. The economic recovery and expansion will require direct state and local management of climate …
Legal Questions And Scientific Answers: Ontological Differences And Epistemic Gaps In The Assessment Of Causal Relations, Lena Wahlberg
Legal Questions And Scientific Answers: Ontological Differences And Epistemic Gaps In The Assessment Of Causal Relations, Lena Wahlberg
Lena Wahlberg
A large number of legal rules create an obligation to prevent, repair or otherwise mitigate damage to human health or the environment. Many of these rules require that a legally relevant causal relation between human behaviour and the damage at issue is established, and in the establishment of causal relations of this kind scientific information is often pressed into service. This thesis examines this specifically legal use of scientific information. It shows that many legally relevant causal relations cannot be established in this way. It also shows that the legal strategy for dealing with epistemic difficulties (uncertainty and ignorance) by …