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Full-Text Articles in Law
Protection, Not Protectionism: Multilateral Environmental Agreements And The Gatt, Betsy Baker
Protection, Not Protectionism: Multilateral Environmental Agreements And The Gatt, Betsy Baker
Vanderbilt Journal of Transnational Law
In this Article, Dean Baker examines the compatibility of multilateral environmental agreements with the provisions of the General Agreement on Tariffs and Trade (GATT). The author discusses the key provisions of the Basel Convention on the Control of Transboundary Movements of Hazardous Waste, the Montreal Protocol on Substances that Deplete the Ozone Layer, the United Nations Framework Convention on Climate Change, and the GATT. The author then reviews the conflict between unilateral environmental protection and open and free trade under the GATT. The author concludes the collective interests represented by international environmental agreements, and the agreements themselves, should provide a …
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
This Case Digest provides brief analyses of cases that represent cur-rent aspects of transnational law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped in topical categories and references are given for further research.
The Environmental Laws And Policies Of Taiwan: A Comparative Law Perspective, Dennis T. Tang
The Environmental Laws And Policies Of Taiwan: A Comparative Law Perspective, Dennis T. Tang
Vanderbilt Journal of Transnational Law
This Article discusses the development of environmental regulation and preservation in Taiwan in light of United States environmental law. The Article begins with a discussion of how few measures have been enacted to protect the Taiwanese environment. It then illuminates some of the problems with the Taiwanese environmental regulations that do exist. According to the author, some of these problems include: ambiguous and conflicting goals enunciated in the legislation; political pressures on the authorities influencing environmental policies; poor enforcement mechanisms; a legislative bias in favor of regulating new sources of pollution and against enforcing regulations in the case of old …
It's Not Easy Bein' Green: The Psychology Of Racism, Environmental Discrimination, And The Argument For Modernizing Equal Protection Analysis, Edward P. Boyle
It's Not Easy Bein' Green: The Psychology Of Racism, Environmental Discrimination, And The Argument For Modernizing Equal Protection Analysis, Edward P. Boyle
Vanderbilt Law Review
More than 120 years have passed since the states ratified the Fourteenth Amendment, making equal protection of the laws a constitutional right for all citizens. Since the Amendment's passage, courts and academics have struggled to define exactly what government actions are prohibited by the Equal Protection Clause. Courts and scholars generally have understood equality to mean that similar groups should be treated similarly. This definition recognizes that differences exist be- tween people and that ensuring that all people are treated equally in spite of these differences would inhibit progress. The United States Supreme Court, however, has not interpreted the Clause …
The Shadow Of The Future: Discount Rates, Later Generations, And The Environment, Daniel A. Farber, Paul A. Hemmersbaugh
The Shadow Of The Future: Discount Rates, Later Generations, And The Environment, Daniel A. Farber, Paul A. Hemmersbaugh
Vanderbilt Law Review
If saving a life is worth spending $1 million today, how much should we spend to save a life in twenty years? The answer, according to the federal Office of Management and Budget (OMB), is $150,000. OMB uses a ten percent annual "discount rate" to convert future regulatory costs and benefits into their "present value."' Because government regulation of carcinogens cannot be expected to affect the cancer rate for twenty or thirty years, OMB's choice of discount rates has dramatic implications for regulatory policy. Its choice of discount rates has even greater impact on long-term global environmental issues such as …
Environmental Torts, Troyen A. Brennan
Environmental Torts, Troyen A. Brennan
Vanderbilt Law Review
Over the last two decades, a new class of torts has emerged that targets personal injuries caused by toxic substances in the environment. These hybrid environmental torts are quite distinct from the trespass-nuisance precedent that is part of traditional tort theory; nor are environmental torts simply a subset of the mass hazardous sub- stance litigation that has remade product liability law. Environmental torts are informed, in a way product law is not, by environmental regulation. These torts are unique because their deterrent signal is transmitted to producers of hazardous environmental pollutants by litigants who have suffered physical injury or disease. …