Law Commons^™

Book Review: Differential Treatment In International Environmental Law, Maxwell Chibundu

Maxwell O. Chibundu

A review of Differential Treatment in International Environmental Law by Phillippe Cullet. Brookfield, Ashgate Publishing Co., 2003.

Book Review: International Environmental Treaties And State Behavior: Factors Influencing Cooperation, Maxwell Chibundu

Maxwell O. Chibundu

No abstract provided.

The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth

David A. Wirth

Any day now, a World Trade Organization panel is expected to rule in a dispute between the U.S. and the EU concerning market access for genetically-engineered foods and crops. This piece, written before the release of the WTO panel's report, analyzes novel systemic issues concerning the impact of WTO law on regulatory design, at both the national and international levels, that are raised by this dispute. These include (1) the application of WTO disciplines to regulatory schemes that require prior governmental approval to protect the environment and public health from newly-introduced products and substances; (2) the role of precaution as …

Legitimacy, Accountability, And Partnership: A Model For Advocacy On Third World Environmental Issues, David A. Wirth

David A. Wirth

To date, there has been little effort to define the characteristics of responsible environmental reform efforts by private citizens and organizations in the United States on foreign environmental problems, such as the quality of foreign aid. Moreover, there have been virtually no attempts to identify a principled role for American lawyers in Third World environmental issues. This Essay will respond to these lacunae by articulating a new approach to advocacy based on a partnership model. In Part I, this Essay identifies the need for American public interest advocates to establish partnerships with directly affected groups on Third World environmental issues. …

The President, The Environment, And Foreign Policy: The Globalization Of Environmental Politics, David A. Wirth

David A. Wirth

By comparison with domestic environmental issues, international environmental diplomacy is distinguished by the far greater role of the Executive Branch, and in particular the President, in making law. This essay explores the legal consequences of the President's dual role in international environmental diplomacy: his duty faithfully to execute statutory mandates adopted by Congress while also serving as the Nation's chief diplomat and negotiator of international agreements with foreign powers. The piece discusses the legal and policy dynamics surrounding two concrete examples affecting domestic and international environmental policy, in which Presidential power assumes dramatically different forms: (1) climate change, and in …

Marine Mammals And International Trade: Balancing Social Conscience With Trade Obligations – A Summary And Update On The World Trade Organization Seal Products Dispute, Chad J. Mcguire

Chad J McGuire

Iron Ocean Fertilization And International Law, David Freestone, Rosemary Rayfuse

Rosemary Rayfuse

Intentional ocean fertilisation and the commercial sale of associated carbon offsets raise a number of issues in international law. On the one hand states are obliged to adopt adaptation and mitigation measures to prevent dangerous climate change. On the other hand, international law obliges states to protect and preserve the marine environment and to act in a precautionary manner in the face of scientific uncertainty. This article examines the application of the international law of the sea to ocean fertilisation, with particular reference to the dumping regime which prohibits the dumping of wastes or other materials from vessels into the …

Warm Waters And Cold Shoulders: Jostling For Jurisdiction In Polar Oceans, Rosemary Rayfuse

Rosemary Rayfuse

In May 2008 the five Arctic coastal states adopted the Ilullisat Declaration in which they asserted their role as stewards, for the international community, of the Arctic Ocean ecosystem. This paper discusses the legal basis for their claim to stewardship with particular reference to the high seas portion of the central Arctic Ocean, and their assertion that no need exists for a new comprehensive legal regime in respect of those high seas waters. It is argued that while the high seas regime of the Arctic may be extensive, it is not comprehensive. Thus, the legitimacy of the claim to stewardship …

Australia And Climate Change Diplomacy: Towards A Post-2012 Regime – Policy Proposals On Australia’S Climate Change Diplomacy, Rosemary Rayfuse, Shirley Scott

Rosemary Rayfuse

A workshop on Australia and Climate Change Diplomacy: Towards a Post-Kyoto Regime (the Workshop) was held at the Faculty of Law, University of New South Wales on 22-23 November 2007. The purpose of the Workshop was to evaluate Australia’s past and current climate change diplomacy and to make policy recommendations for the future. The interdisciplinary Workshop brought together 19 leading experts in economics, science, international relations, law, and business. The majority were academics, but the group also included private consultants and NGO representatives from Australia with one visitor from China. The Workshop was organised and hosted by Associate Professor Rosemary …

Regional Allocation Issues Or Zen And The Art Of Pie Cutting, Rosemary Rayfuse

Rosemary Rayfuse

Regional Fisheries Management Organisations (RFMOs) have increasingly become the mechanism of choice through which high seas fisheries are to be managed. How these organisations allocate fishing opportunities for the dwindling resources under their jurisdiction is, however, a difficult and often controversial issue. Achieving equitable, scientifically reliable and sustainable allocations as between members and as between members and non-members has serious implications for the operational efficacy and legitimacy of an RFMO and its management regime. This paper examines the allocation practices adopted in RFMOs in the context of the tension between state sovereignty and the development of rules of international law …