Environmental Law Commons^™

Dec 5 1996 A.Wilkes, Breton Woods To Ngos Re Meeting Wb Managing Director Re Private Sector, Alex Wilks

IFC E&S Performance Standards

No abstract provided.

Oct. 31 1996 Letter From Richard Frank To Alex Wilks Re Envtl Policies In Guarantees, Richard Frank

IFC E&S Performance Standards

No abstract provided.

Implementing The Public Welfare Requirement In New Mexico's Water Code, Consuelo Bokum

Publications

Despite the fact that the New Mexico legislature added a public welfare criterion to the water code over 10 years ago, the State Engineer Office has not addressed the application of the criterion by regulation and has only addressed the public welfare briefly in a few decisions. There is almost no case law in New Mexico addressing this issue. More and more participants, however, are raising public welfare in water rights protests. This paper addresses how the public welfare criterion has developed in western water law and proposes an approach for use of the criterion in New Mexico.

The Big Push: Emigration In The Age Of Environmental Catastrophe, William Plummer

Indiana Journal of Global Legal Studies

No abstract provided.

Aug. 1996, R. Frank, Managing Director, Letter To A. Wilks Bwp Re Envtl Policies In Guarantees, Alex Wilks

IFC E&S Performance Standards

No abstract provided.

Jun. 6, 1996, J. Lindbaek, Ifc Exec. Vp, Address To Ngos, Jannik Lindbaek

IFC E&S Performance Standards

No abstract provided.

International Environmental Law Considerations During Miltary Operations Other Than War, Bruce A. Harlow, Michael E. Mcgregor

International Law Studies

No abstract provided.

The Environmental Threat Of Military Operations, William M. Arkin

International Law Studies

No abstract provided.

Sept. 1996 A. Durbin, Et Al, Foe 'Private Sector Frenzy' Report On Wb And Privatization, Andrea Durbin, Michelle Chan, Michael Messer

IFC E&S Performance Standards

No abstract provided.

State Responsibity And Civil Reparation For Environmental Damage, Leslie C. Green

International Law Studies

No abstract provided.

The Impact Of War And Military Operations Other Than War On The Marine Environment: Policy Making On The Frontiers Of Knowledge, Ronald A. Demarco, John P. Quinn

International Law Studies

No abstract provided.

International Water Law And The Protection Of River System Ecosystem Integrity, A. Dan Tarlock

Brigham Young University Journal of Public Law

No abstract provided.

Environmental Realpolitik: Joint Implementation And Climate Change, Thomas C. Heller

Indiana Journal of Global Legal Studies

Professor Heller's article discusses why there has been little

progress after the Rio Earth Summit in developing the Framework

Convention on Climate Change. He argues that, beyond the scientific

uncertainties about climate change and its economic impacts,

agreement on the legal structure of a comprehensive regime has been

hampered by institutional factors. These include: the political

discounting of damage to future populations, the diverse risks of

global warming in different regions, and the distrust in many nations

with market instruments, like taxes or tradable permits, that are

favored by many industrial nations dependent on fossil fuels.

Resolving these problems will …

Future Directions In International Environmental Law: Precaution, Integration And Non-State Actors, James Cameron

Dalhousie Law Journal

In this, the Horace E. Read Memorial Lecture for 1995, James Cameron discusses three developments in international environmental law,-the principles of precaution and of integration and the roles of non-state actors. The precautionary principle calls for regulatory intervention to prevent environmental harm even though the risk of damage remains scientifically uncertain. A wide consensus exists in favour of a precautionary approach to environmental management and state practice is sufficient to assert the principle has attained the status of customary international law, but it remains controversial because it demands changes in practice. The principle of integration takes a holistic approach to …

Russian Dumping Of Radioactive Wastes In The Sea Of Japan: An Opportunity To Evaluate The Effectiveness Of The London Convention 1972, James R. Mccullagh

Washington International Law Journal

By dumping 900 tons of radioactive waste into the Sea of Japan on October, 13, 1993, the Russian navy violated the moratorium on low-level radioactive waste dumping of the London Convention (the international treaty controlling ocean dumping). However, legal liability under the London Convention, the 1982 United Nations Convention on the Law of the Sea, and international customary law arguably does not attach to this activity. Indeed, even though the London Convention was amended in November of 1993 to prohibit all ocean dumping of radioactive waste, Russia remains legally entitled to use the ocean as a disposal site for low-level …

Deforestation In Cambodia And Malaysia: The Case For An International Legal Solution, Heather A. Wolf

Washington International Law Journal

The logging of tropical timber for the export market is the primary cause of deforestation in Southeast Asia. The problem of controlling the tropical timber trade has been addressed on both the national and international level. The existing legal mechanisms, however, have proven to be inadequate. A new multilateral agreement based on the import and export permit system of the Basel Agreement is necessary to control the timber trade and to aid in halting deforestation.

The Dolphin/Tuna Controversy And Environmental Issues: Will The World Trade Organization's "Arbitration Court" And The International Court Of Justice's Chamber For Environmental Matters Assist The United States And The World In Furthering Environmental Goals?, Alison Raina Ferrante

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Nafta Accession And Environmental Protection: The Prospects For An "Earth Friendly" Integration Of Latin American Nations Into The North American Trading Bloc, Russel M. Lazega

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Greening World Trade: Reconciling Gatt And Multilateral Environmental Agreements Within The Existing World Trade Regime, Charles R. Fletcher

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Environmental Rights And Indigenous Wrongs, Mahnoush H. Arsanjani

St. Thomas Law Review

The early writers of international law were environmentally literate. Grotius, for example, in his great novel, The Law of War and Peace, prohibited certain potentially advantageous tactics because of their long-term environmental costs. But, the early writers lived in a preindustrial era, where it was reasonable to design a public order based on maximum access and use, and minimum regulation. After all, no matter how many wind driven ships sailed the ocean surface, the ocean would not "wear out." The industrial revolution irrevocably changed that reality. International concern about the protection of the environment began to take political form and …

The Law Of Sustainable Development, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

I am going to talk briefly, as dictated by the format of this seminar, about the law of sustainable development and how it has been developing. Sustainable development is, today, the guiding theme for both public and private measures to improve social conditions and strengthen economic conditions around the world. It did not become a guiding theme overnight. The recognition that sustainable development is fundamental has been growing gradually. The concept recognizes that the sort of development that was popular in the 1960s and 1970s in the United States of America and elsewhere was, by itself, an inadequate base on …

Ifc Legal Department, Model Investment Agreement E&S Provisions, 1996, Ifc

IFC E&S Performance Standards

No abstract provided.

A Matter Of Trust: Federal Environmental Responsibilities To Native Americans Under Customary International Law, Karyn I. Wendelowski

American Indian Law Review

No abstract provided.

Green Helmets: A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone

Faculty Publications

No abstract provided.

Book Review, Lakshman D. Guruswamy

Publications

No abstract provided.

Application Of International Water Law To Transboundary Groundwater Resources, And The Slovak-Hungarian Dispute Over Gabcikovo-Nagymaros, Gabriel Eckstein

Faculty Scholarship

The growth in global population and economic development has resulted in tremendous pressures on existing sources of fresh water. Human water use over the past three centuries increased by a factor of thirty-five and is growing by four to eight percent annually. Coupled with recurring international disputes over water resources, poor water management, and the realization that water is an indispensable but finite resource, these trends have propelled the use and management of transboundary groundwater resources to the forefront of legal debate.

Until recently, matters relating to groundwater resources were relatively ignored in the context of international law applicable to …

International Law, Industrial Location, And Pollution, Duane Chapman, Jean Agras, Vivek Suri

Indiana Journal of Global Legal Studies

The dominant position of economists on trade and environment is that

increasing trade raises living standards, which provide the economic

basis for reduced pollution. Professors Chapman, Agras, and Suri

present a perspective that raises very different points. First, the dramatic

growth of manufacturing in East Asia for global markets is

based entirely (or nearly so) on the importation of processed

pollution-intensive raw materials. For a typical product in this global

system, a U.S. consumer purchasing an Asian product made from

imported resources benefits from a lower price and a cleaner local

environment; however, energy use and pollution associated with the …

Introduction: International Environmental Law And Agencies: The Next Generation Symposium, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

Customary (And Not So Customary) International Environmental Law, Daniel Bodansky

Indiana Journal of Global Legal Studies

In this article, Professor Bodansky examines the creation and importance of customary international law. He suggests that the debate over the legal status of any given norm may be misplaced Instead, he suggests that international lawmakers should spend their time and energy incorporating norms, regardless of their true status, into "concrete treaties and actions." The author begins his discussion by providing a working definition of customary international law. He asserts that such law can be based not just on uniformities of state behavior, as is traditionally held, but also on regularities in behavior. Thus, customary international law can be formed …

Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell

Indiana Journal of Global Legal Studies

Professor O'Connell discusses the tradtional methods used for international law "enforcement," and she argues that international law is generally obeyed Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement, however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through domestic courts. …