Comparative and Foreign Law Commons^™

Climate Change Effects On Snow Conditions And The Human Rights Of Reindeer Herders, Stefan Kirchner

Pace Environmental Law Review

By ignoring the needs of indigenous livelihoods, traditional forms of land use that have long been sustainable, new forms of land use and the construction of infrastructure threaten the right of indigenous peoples to engage in traditional livelihoods. It is the aim of this article to analyze the rights of indigenous peoples in the context of primary and secondary effects of climate change. For the purposes of this paper, the term “primary effects” will be used to describe immediate effects of climate change. This includes temperatures which move around freezing instead of being solidly below freezing.

Primary effects of climate …

Environmental Crimes And Imprisonment: Does Prison Work To Prevent And Punish Environmental Criminals?, Rafael Wolff

Dissertations & Theses

Environmental degradation is a global problem. Humans need natural resources to survive and, as those resources are limited, humans’ use of these resources should respect a sustainable pace established by law. There are many approaches to addressing environmental degradation that do not honor the legal limitations and one of them is through criminal law. The question that is posed in this thesis is whether imprisonment, one of the most severe methods of punishment, is a suitable option to repress and prevent environmental crimes.

This thesis is divided in three chapters. The first chapter discusses why environmental crimes are relevant. It …

The Grass Is Not Always Greener: Congressional Dysfunction, Executive Action, And Climate Change In Comparative Perspective, Hari M. Osofsky, Jacqueline Peel

Chicago-Kent Law Review

Partisan climate change politics, paired with a legislative branch that is often deeply divided between two parties, has led to congressional gridlock in the United States. Numerous efforts at passing comprehensive climate change legislation have failed, and little prospect exists for such legislation in the foreseeable future. As a result, executive action under existing federal environmental statutes—often in interaction with litigation—has become the primary mechanism for national-level regulation of greenhouse gas emissions from motor vehicles and power plants.

Although many observers critique this state of affairs and wish for a legislature more able to act, this essay argues that more …

A Future For A Forgotten Predator: Assessment Of The Global And Regional Legal Frameworks For Protection And Recovery Of The Caribbean Sawfishes Pristis Pristis And Pristis Pectinata And Recommendations For The Course Forward, Olga Koubrak

LLM Theses

Two species of sawfish, Pristis pristis and Pristis pectinata, used to be common in the coastal waters of the Caribbean Region. However, due to direct and incidental fishing pressures, national and international trade in body parts, and habitat loss, the populations of these ecologically and culturally significant species have drastically declined. This thesis identifies and reviews global and regional, binding and non-binding legal instruments in effect in the Caribbean Region that encourage states to protect biodiversity in general or address identified threats to sawfishes specifically. Despite the presence of obligations that call upon states to adopt sawfish conservation and habitat …

Water Law Reform In The Face Of Climate Change: Learning From Drought In Australia And The Western United States, Barbara Cosens

Articles

Western societies have developed three approaches to governance of common pool resources such as water: 1) The division of the resource into private property; (2) government regulation; and 3) local self-organization. This article asserts that all three are needed in varying combinations to rise to the challenge presented by the impact of climate change on water supply and demand. Drought presents a preview of potential future climate scenarios and Australia and the western United States are both responding to its harshness through innovation in water governance. These experiments present an opportunity to compare the approaches of Australia and the western …

Ocean Law Reform: A Multi-Level Comparative Law Analysis Of Nigerian Maritime Zone Legislation, Aldo Chircop, David Dzidzornu, Chidi Oguamanam

Articles, Book Chapters, & Popular Press

Recently, Nigeria introduced a Bill in the House and Senate that aims at modernizing its maritime zone legislation to enable it to maximize benefits it has received from the United Nations Convention on the Law of the Sea, 1982. Although Nigeria has been a party to the Convention for many years, the legislative initiative was triggered only recently by a mixture of events, including a submission to the Commission on the Limits of the Continental Shelf and the delimitation of maritime boundaries and adoption of joint development zones with neighboring States, including the implementation of a judgment of the International …

Constitutions As Counter-Curses: Revenue Allocation And The Resource Curse, Tom Brower

Journal of Law and Policy

The resource curse—the paradoxical relationship between natural resource abundances and poorer economic growth, weaker political institutions, and higher levels of conflict—remains one of the most confounding issues in international development. Although the literature has proffered a plethora of institutional solutions to the resource curse, they have been vexed by a common theme: their unsuccessful implementation in developing countries without the proper institutional foundations that act as a bulwark against policy reversal and the perpetuation of rent-seeking behavior. This Article introduces constitutionally protected natural resource revenue allocation institutions as a superior mechanism for a state to allocate rents from natural resources. …

A Comparison Between Shale Gas In China And Unconventional Fuel Development In The United States: Water, Environmental Protection, And Sustainable Development, Paolo D. Farah, Riccardo Tremolada

Brooklyn Journal of International Law

China is believed to have the world's largest exploitable reserves of shale gas, although several legal, regulatory, environmental, and investment-related issues will likely restrain its exploitation. China's capacity to face these hurdles successfully and produce commercial shale gas will have a crucial impact on the regional gas market and on China’s energy mix, as Beijing strives to decrease reliance on imported oil and coal, and, at the same time, tries to meet growing energy demand and maintain a certain level of resource autonomy. The development of the unconventional natural gas extractive industry will also provide China with further negotiating power …

The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna

Master's Theses

Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21^st century and it affects everyone. By using …

Actions And Reactions: The Evolution Of Environmental Common Law And Judicial Activism In India And The United States, Elizabeth B. Fata

University of Miami International and Comparative Law Review

No abstract provided.

Submerging Islands: Tuvalu And Kiribati As Case Studies Illustrating The Need For A Climate Refugee Treaty, Rana Balesh

Environmental and Earth Law Journal (EELJ)

Climate change will significantly impact vulnerable populations. Included in those populations are island indigenous peoples. Small island developing states are particularly vulnerable to the rise in seal level. Loss of territory due to rising sea levels is not the only problem however, infrastructure and food supplies are also at risk. As such, this article addresses the need for a comprehensive climate change refugee treaty using Tuvalu and Kiribati's circumstances to illustrate the situation.

Improving The Legal Implementation Mechanisms For A Carbon Tax In China, Haifeng Deng

Pace Environmental Law Review

Within the framework of existing Chinese environmental laws, carbon taxation faces four main challenges: the contradiction of existing taxes, conflict with the carbon emissions trading system, necessary adjustments to the organizational structure of tax collection and management, and coordination with international trade rules. Implementing a carbon tax is a complete and systematic process containing three stages: introduction, collection, and impacts assessment. In order to address these problems, it is necessary to construct legal implementation mechanisms for carbon taxation in China. The legal mechanisms of implementing a carbon tax include a series of coordination and safeguard measures aimed at optimizing the …

Regulation Of Chemical Risks: Lessons For Reform Of The Toxic Substances Control Act From Canada And The European Union, Adam D.K. Abelkop, John D. Graham

Pace Environmental Law Review

The purpose of this Article is to compare the regulatory systems in Canada and the EU, and use comparative insights to draw some lessons that may be of interest to U.S. policy makers engaged in TSCA reform. CEPA and REACH are seen by stakeholders as state of the art in chemicals assessment and management, and thus the U.S. may draw useful insights from them. Indeed, the European Union and Canada have each been urging other countries to join in a globalization of the REACH or Canadian programs, respectively. Regardless of what TSCA reformers choose to learn from the Canadian and …

Environment Chapter In Korea's Fta: Suggestions For Korea's Model Text, Jun Ha Kang

Maurer Theses and Dissertations

The aim of this dissertation is to delve into solutions for making Korea's FTA greener. The main question is whether and how Korea's FTA policy towards sustainable development may be sustainable. In answering this question, I critically reviewed the structure of the Environment Chapter of Korea’s FTA as well as its main contents. I also scrutinized the meaning of each provision and its significance in practice. Based on the analysis, I made suggestions on what strategies and contents are needed for Korea in its future FTA negotiations.

Firstly, Korea needs to initiate future FTA negotiations on the environment with its …

The Damage From Mega-Sporting Events In Brazil, J. Justin Woods

Elisabeth Haub School of Law Student Publications

Over the past several years, Brazil’s federal government and the city and state governments of Rio de Janeiro have invested tens of billions of dollars to develop the transportation, stadium, tourist, communications and security infrastructure required to host the 2007 Pan American Games, 2014 World Cup, and 2016 Summer Olympics. As Brazil seeks to use these mega- sporting events to assert itself as a major economic player on the word stage, its strategy demonstrates how hosting mega-events serves to attract regional and global capital, and to reinforce unequal power structures at the expense of the public treasury, environmental quality and …

Promoting Sustainable Development Through Environmental Law: Prospects For Saudi Arabia, Faisal K. Alturki

Dissertations & Theses

The Kingdom of Saudi Arabia enjoys a rich cultural and natural heritage and has an advanced state of socio- economic development. It also suffers from a wide range of growing environmental problems such as securing its potable water supply, coping with solid and liquid waste, ensuring clean air or protecting the marine environment. It is the objective of sustainable development to ensure that further development in the Kingdom does not damage the public health of the people or the natural environment. The policies underlying sustainable development have developed internationally over the past four decades and are well explained in Agenda …

Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher French

Faculty Scholarship

Flooding is the most common natural catastrophe Americans face, accounting for 90% of all damage caused by natural catastrophes. Hurricanes Katrina and Sandy, for example, collectively caused over $160 billion in damage, but only approximately 10% of the Hurricane Katrina victims and 50% of the Hurricane Sandy victims had insurance to cover their flood losses. Consequently, both their homes and lives were left in ruins in the wake of the storms. Nationwide, only approximately 7% of homeowners have insurance that covers flood losses even though the risk of flooding is only increasing as coastal areas continue to be developed and …

Book Review: Environmental Protection And Coastal Zone Management In Asia And The Pacific. Kato, Kumamoto, Matthews, & Suhaimi Eds. Tokyo University Press. 1985., Thomas J. Schoenbaum

Georgia Journal of International & Comparative Law

No abstract provided.

The Failure Of Environmental International Law During Times Of War, Blake Lara

University of Baltimore Journal of Land and Development

Throughout history, war and armed conflict have maintained a continuous presence around the world. Though the reasons for war change, various nations emerge and subside, and populations alter, one of the constant elements of war is its degrading effect on the environment. In addition to indirect effects on the environment that ultimately result from war, nations have used the environment as both a weapon and target of war. For example, during the Peloponnesian War, the Spartans salted Athenian lands to make them infertile. In the Franco-Dutch War from 1672 to 1678, dikes and damns were destroyed in order to create …

International Power On "Power", Steven Ferrey

Suffolk University Law School Faculty Works

Can international power be effectively used to control ‘power’? Power sector carbon emissions to the environment must be solved for a solution to the international problem of climate change. Many of the large developing countries are underwriting the largest in world history push into more high-carbon coal-fired power, which will wholly frustrate world climate control goals. The United Nations scientific panel concluded, with high certainty, that the world is passing the point of being able to control increase in world temperature to less than 2 degrees C. (3.8 degrees Fahrenheit), the so-called ‘tipping point’ of the Planet’s climate.

Tightening the …

Biosimilar Naming: A Call For Uniformity In A Complex Field, Jacqueline Genovese

Brooklyn Journal of International Law

Recombinant technology has opened a pathway for a means of producing a variety of therapeutic proteins and generating the growth of the biopharmaceutical industry. Further, due the patent expirations of a number of biologics in the coming years, there has been an increased interest in the development of generic biologics, also known as biosimilars, and a widespread push for biosimilar FDA approval in the United States. While the pressure for the expansion of biosimilar approval is warranted, the FDA must be cautious when implementing regulatory guidelines. Since biologics differ greatly from small-molecule drugs, biologics have a distinct approval process. The …

Toward A Patent Exhaustion Regime For Sustainable Development, 32 Berkeley J. Int'l Law. 330 (2014), Benjamin Liu

UIC Law Open Access Faculty Scholarship

This Article argues that the current exhaustion doctrine, when applied to the refurbishing industry, fails to balance its mandate of promoting technological progress with the broader program of sustainable development and is therefore unsuitable for countries on the modernization path. First, what constitutes an infringing “making” remains underdetermined. Second, the evidentiary hurdle for proving legal refurbishment is too onerous for the low margin and under-resourced refurbishing industry. Finally, the all-or-nothing approach to judging infringement fails to account for the nuanced cost-benefit nexus that exists between patentees, refurbishers, and society at large and discourages private ordering. To recalibrate the balance between …

Conceptualizing Climate Justice In Kivalina, Marissa Knodel

Seattle University Law Review

Due to climate change, indigenous communities in Alaska are forced to develop in ways that adversely affect their livelihoods and culture. For example, decreases in sea ice, increases in the frequency of sea storms, and melting permafrost have so accelerated the erosion of one barrier island that an entire village faces relocation. These indigenous communities, which have contributed little to causing climate change, are limited in their ability to adapt. After examining three broad questions about the effects of climate change on indigenous communities, this Article reaches four preliminary conclusion about relocation as a climate adaptation strategy and its relations …

Fisheries Governance And How It Fits Within The Broader Arctic Governance, Adam Soliman

Seattle University Law Review

Climate change is causing the Arctic ice to melt and fish stocks to change their migration patterns. These changes are increasing access to Arctic fisheries, as well as moving other fish stocks to the north. To prevent the depletion of fish stocks and to protect the Arctic environment, proper fisheries governance requires collaboration between nation-states and specific populations. Fisheries present unique governance and management issues. Unlike other natural resources, fish stocks do not stay in the same place. The non-stationary nature of fish stocks, along with shared sovereignty over the oceans, make coordination between stakeholders the most difficult as well …

Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation, In The Arctic, Taylor Simpson-Wood

Seattle University Law Review

For more than two centuries, the imagination of mariners has been captured by visions of a trade route across the Arctic Sea allowing vessels to travel from the Atlantic to the Pacific Ocean. Known as the Northwest Passage, this fabled route is a time- and money-saving sea lane running from the Atlantic Ocean Arctic Circle to the Pacific Ocean Arctic Circle. Now, the thinning of the ice in the Arctic may transform what was once only a dream into a reality. New shipping lanes linking the Atlantic and Pacific oceans are likely to open between 2040 and 2059. If loss …

Oil And Gas In America's Arctic Ocean: Past Problems Counsel Precaution, Michael Levine, Peter Van Tuyn, Layla Hughes

Seattle University Law Review

This Article provides context for the controversy facing government agencies charged with making decisions about the future of America’s Arctic Ocean. It then distill themes that, if addressed, could help further a lasting solution for this region that respects its natural and human values while crafting a reasonable path forward for decisions about development. First, this Article offers background about the region, the threats facing it, and some of the challenges in managing the natural resources there. Second, it provides an overview of the legal framework through which the United States government makes decisions about whether and under what conditions …

Not A Drop To Spare: The Global Water Crisis Of The Twenty-First Century, Ranee Khooshie Lal Panjabi

Georgia Journal of International & Comparative Law

No abstract provided.

European Economic Community - Environmental Policy - Economic And Fiscal Instruments - Report Of The Working Group Of Experts From The Member States Proposes The Use Of Economic And Fiscal Instruments To Attain Community-Wide Environmental Goals, John B. Nicholson

Georgia Journal of International & Comparative Law

No abstract provided.

European Economic Communities - Environmental Policy - Legal Basis And International Implications Of Council Regulation On The Supervision And Control Of Shipments Of Hazardous Waste, Kurt M. Rozelsky

Georgia Journal of International & Comparative Law

No abstract provided.

Environmental Health And Safety - International Standardization Of Right-To-Know Legislation In Response To Refusal Of United States Multinationals To Publish Toxic Emissions Data For Their United Kingdom Facilities, Melissa S. Padgett

Georgia Journal of International & Comparative Law

No abstract provided.