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Full-Text Articles in Law
Mexico's Implementation Of The Biodiversity Convention And The Catagena Protocol In The Gmo Era: Challenges In Principles, Policies, And Practices, Juan Antonio Herrera
Mexico's Implementation Of The Biodiversity Convention And The Catagena Protocol In The Gmo Era: Challenges In Principles, Policies, And Practices, Juan Antonio Herrera
PhD Dissertations
Recent developments in genetic modification and the use of Living Modified Organisms (LMOs) in agriculture have ignited a debate over the potential effects of these organisms on biological diversity. This controversy materializes in the clash between the international environmental and trade regimes. Multilateral Environmental Agreements (MEAs), such as the 1992 Convention on Biological Diversity (CBD) focus on the preservation of biological diversity and, in the case of the Cartagena Protocol on Biosafety (Cartagena Protocol), the safe transfer of LMOs. These Agreements encourage States to base national decisions to allow LMO imports on environmental and risk assessments using the precautionary principle. …
Justifying An Analysis Of The Ecclesiological Development Of Subsidiarity Via Civil And Common Law Jurisprudential Epistemology, William Pieratt Demond
Justifying An Analysis Of The Ecclesiological Development Of Subsidiarity Via Civil And Common Law Jurisprudential Epistemology, William Pieratt Demond
Seton Hall University Dissertations and Theses (ETDs)
This article seeks to justify an examination of subsidiarity's development within Catholicism. Due to the fact that the European Union ["EU"] codified subsidiarity via the Treaty of Maastricht, subsidiarity is now a part of EU law. Although seemingly intended to resolve questions concerning the proper allocation of powers, its codification has generated substantial debate concerning the proper meaning(s) (if any) and/or application(s) of subsidiarity within the EU. Due to the facts that 1) the EU's legal traditions are heavily influenced by both the civil and common law traditions, 2) both of these traditions advocate the use of established jurisprudential methodologies …
Trade, Competition And The Wto : An Assessment From A Developing Country Perspective, Waleed M Shoukry
Trade, Competition And The Wto : An Assessment From A Developing Country Perspective, Waleed M Shoukry
Archived Theses and Dissertations
No abstract provided.
Post-Realist Law And Development: Amartya Sen's Critical Theory Of Values, Samuel Maverick Bayard
Post-Realist Law And Development: Amartya Sen's Critical Theory Of Values, Samuel Maverick Bayard
Archived Theses and Dissertations
This thesis asks whether Amartya Sen's idea of "development as freedom" is inconsistent with certain theoretical insights of American legal realism. Specifically, it examines whether Sen's apparent optimism with respect to free markets is undermined by Robert Hale's arguments about the ubiquity of coercion in economic relations and law's implication in the distribution of resources and power in society. It also asks whether taking the expansion of "freedom" as the object of development ignores the Hohfeldian insight that designing particular legal rules is a legislative act that creates winners and losers and is the site of political struggle and conflicting …