Environmental Law Commons^™

The Puzzling Relationship Between Trade And Environment: Nafta, Competitiveness, And The Pursuit Of Environmental Welfare Objectives, Ileana M. Porras

Indiana Journal of Global Legal Studies

The North American Free Trade Agreement (NAFTA) is often claimed to be a "promising beginning" for the reconciliation of trade and environment. Professor Porras, however, suggests that the form that "reconciliation" takes in NAFTA is extremely problematic. Harmonization of standards to facilitate the free flow of trade is a familiar trade goal. NAFTA's provisions regarding environmental standards, however, are not a straightforward requirement to harmonize standards. Rather, NAFTA recognizes state autonomy in standard setting, on the one hand, while requiring a form of upward harmonization, on the other. According to Professor Porras, the result of such an arrangement is the …

International Environmental Law And The "Bottom-Up" Approach: A Review Of The Desertification Convention, Kyle W. Danish

Indiana Journal of Global Legal Studies

The media was once filled with images of encroaching deserts and

starving populations. Attention has since shifted to other issues, but

the problems remain. Desertification is acute not only in familiar

desert regions such as the Sahara, but in regions such as the Sahelian

and Other drylands which comprise nearly thirty-five percent of the

earth's total land area. Mr. Danish analyzes the Desertification

Convention of 1995, discussing both the Convention's efforts to

address the environmental degradation and the Convention's impact

on international notions of the state, crafting large-scale responses,

and generating centralized regulation. This Convention employs a

"bottom-up" approach; it …

Sept. 18, 1995, Treasury Sec. R. Rubin, Letter To Vp Al Gore Jr. Re Ifc Envtl Standards, Robert E. Rubin

IFC E&S Performance Standards

No abstract provided.

Sept. 12, 1995, Cong. N. Pelosi And Cong. J. Porter, Letter To Treasury Sec. R. Rubin Re Ifc Polices, Nancy Pelosi

IFC E&S Performance Standards

No abstract provided.

Sept. 12, 1995, Cong. N. Pelosi And Cong. J. Porter, Letter To Wb Pres. J. Wolfensohn Re Ifc Policies, Nancy Pelosi

IFC E&S Performance Standards

No abstract provided.

Jun. 30, 1995, Sen. J. Kerry And Rep. J. Porter, Co-Chairs Of Globe, Letter To Vice Pres Al Gore Re Ifc Information Policy, John F. Kerry, John Edward Porter

IFC E&S Performance Standards

No abstract provided.

May 10, 1995, C. Dobson, Letter To L. Summers, Undersecretary For Int'l Affairs, Treasury Re Adb And Ifc Policies, Chad Dobson

IFC E&S Performance Standards

No abstract provided.

Apr. 25, 1995, L. Summers, Under-Secretary, Memo To Secretary Rubin Re Fy 1995 Ifc Appropriation Conditions, Lawrence Summers

IFC E&S Performance Standards

No abstract provided.

The African Elephant, Africa, And Cites: The Next Step, Bill Padgett

Indiana Journal of Global Legal Studies

No abstract provided.

Legal Imagery In The "Garden Of England", Eve Darian-Smith

Indiana Journal of Global Legal Studies

Ms. Darian-Smith explores the relationship between law and the

concept of "landscapes, "which she describes as the spatial imagery

through which law is conceived and from which it draws meaning.

She first defines the complex and historically rich concept of the

"garden image," both in general and as it is seen in (and by)

England, its people, and its surrounding political, cultural, and

spatial contexts. In general terms, the garden image is injected into

issues of environmental law. Further, she notes that the garden has

been a fluid, ever-changing concept for England's society and its

developing legal system. Specifically, Darian-Smith …

Great Lakes Water Quality Initiative: National Standards Governing A Binational Resource A Call For International Rulemaking, Sean P. Gallagher

Indiana Journal of Global Legal Studies

No abstract provided.

Transboundary Shipments Of Toxic Waste: The Basel And Bamako Conventions: Do Third World Countries Have A Choice?, B. John Ovink

Penn State International Law Review (1982 - 2011)

No abstract provided.

Friends Of The Earth, Pol'y Brief, Analysis Of Ifc Procedures And Policies Against Fy 95 Certification Requirements Undated, 1995, Friends Of The Earth

IFC E&S Performance Standards

No abstract provided.

Feb. 3, 1995, Amy Mcrae To D. Hunter (Ciel), Ifc Information, Ifc

IFC E&S Performance Standards

No abstract provided.

1995 (Undated), Foe, Pol'y Brief, Analysis Of Ifc Procedures Against Fy 95 Certification Requirements, Friends Of The Earth

IFC E&S Performance Standards

No abstract provided.

The General Agreement: From Tariffs And Trade To Sustainable Development, Mark Anthony Drumbl

Scholarly Articles

In order to deal adequately with the immense environmental problems we face, it is not sufficient to clean up past mistakes. We must also restructure traditional trade practices to curtail future environmental harms. This article is an attempt to offer ideas as to how such a restructuring could take place.

Environmental degradation is increasingly becoming an issue of global security. Water depletion, air pollution, deforestation, soil erosion, and the possibility of rising sea levels in overcrowded regions are all phenomena that may prompt mass migrations. This, in turn, might incite group conflicts. In this regard, environmentally related issues could constitute …

Indigenous People File Suit Alleging Environment As A Human Right, Denise Thomasson

Human Rights Brief

No abstract provided.

The European Bank For Reconstruction And Development: Legal And Policy Issues, John Linarelli

Scholarly Works

No abstract provided.

To Dream The Impossible Dream: Globalization And Harmonization Of Environmental Laws, 20 N.C. J. Int'l L. & Com. Reg. 205 (1995), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

The International Convention To Combat Desertification: Drawing A Line In The Sand?, William C. Burns

Michigan Journal of International Law

The purpose of this article is to assess the potential efficacy of the Convention in the face of devastation of the world's dryland resources. In this pursuit, I will: 1) Outline the causes and implications of desertification; 2) Present a brief history of past efforts to battle desertification; 3) Discuss the contours and the Convention; and 4) Assess the prospects for the Convention to make a meaningful difference in the struggle to save the world's land.

Environment And Trade Concepts And Principles Of International Law: An Introduction, David Hunter

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Hazardous Waste Exportation: The Global Manifestation Of Environmental Racism, Hugh J. Marbury

Vanderbilt Journal of Transnational Law

During the last decade, the United Nations and other international organizations have been struggling with the issue of hazardous waste exportation to developing countries. At the same time, the United States has been grappling with environmental racism. However, critics of both hazardous waste exportation and environmental racism have overlooked their similarities, namely, that hazardous waste exportation and environmental racism place a disproportionate burden on the same classes of people, the poor and minorities. The exportation of hazardous waste to developing countries is essentially environmental racism on an international scale.

This Note briefly explains the history and economic motivations behind hazardous …

Issues In The Measurement Of Biological Diversity, Andrew R. Solow, James M. Broadus

Vanderbilt Journal of Transnational Law

There are many national and international efforts to conserve biological diversity. However, since conservation resources are scarce, they must be used as effectively as possible. This Article examines recent developments in the definition and measurement of biological diversity . The authors explore the advantages and disadvantages of various measures of biological diversity, and the sensitivity of the optimal allocation of conservation resources to alternative measures. This Article demonstrates the importance of the choice of a biological diversity measure while simultaneously indicating that this choice is only one part of the ultimate goal of conservation.

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

Journal Articles

Professor O'Connell discusses the traditional 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. …

Biodiversity: Opportunities And Obligations, Jonathan I. Charney

Vanderbilt Journal of Transnational Law

This issue of the Vanderbilt Journal of Transnational Law is devoted to the Symposium on Biological Diversity that was convened by the Journal at the Vanderbilt University School of Law on January 20-21, 1995. The focus of the Symposium was the United Nations Convention on Biological Diversity. Biological diversity is a relatively new term in international law and relations. The Biological Diversity Convention was one of the products of the United Nations Conference on Environment and Development (UNCED) that was held in Rio de Janeiro, Brazil in June of 1992. Since the Convention was a product of UNCED, its substance …

International Law And The Protection Of Biological Diversity, Daniel M. Bodansky

Vanderbilt Journal of Transnational Law

This article provides a general overview of international environmental law and biodiversity. First, the article argues that biodiversity is an international issue because international cooperation is necessary to implement national preservation policies effectively and because the benefits of biodiversity accrue in part to the international community. Second, the article discusses existing international law relevant to biodiversity, including wildlife and habitat protection treaties, the 1992 Convention on Biological Diversity, and general principles of international environmental law such as the precautionary principle, the principle of intergenerational equity, and the principle of differentiated responsibilities. Finally, the article recommends that the international community use …

Biodiversity In The Marine Environment: Resource Implications For The Law Of The Sea, Christopher C. Joyner

Vanderbilt Journal of Transnational Law

Professor Joyner begins by explaining what biodiversity is and how it is currently being threatened. He then describes the existing international prescriptions that relate to the preservation of biodiversity, including the Convention on Biodiversity, the Convention on the Law of the Sea, the Convention on the Prevention of Marine Pollution by Dumping and Other Matter, and the International Convention for the Prevention of Pollution from Ships. Professor Joyner examines how these prescriptions protect or fail to protect biodiversity in the marine environment, both independently and in conjunction with related international environmental law. Finally, he assesses how international organizations, regional protection …

Responsibility For Biological Diversity Conservation Under International Law, Catherine Tinker

Vanderbilt Journal of Transnational Law

Professor Tinker begins with a general discussion of biodiversity law within the context of existing international environmental issues and traditional international lawmaking. The article analyzes the legal issues that attend the fulfillment of the objectives of the Biodiversity Convention. The article examines the work of the International Law Commission on state responsibility and liability for environmental harm. The article then explores the precautionary principle and argues that it should be more aggressively applied in order to fulfill the mandate of the Biodiversity Convention.

Can International Legal Principles Promote The Resolution Of Central And East European Transboundary Environmental Disputes?, Paul Williams

Scholarly Articles in Law Reviews & Journals

The fall of communism and the subsequent opening of Central and Eastern Europe (CEE) have revealed a regional ecosystem under serious strain after over forty years of communist stewardship. Although the entire region suffers from an exploited ecosystem, particular destruction has occurred in the border regions of the CEE states. The substantial environmental destruction and continuing degradation in these border regions give rise to a number of transboundary environmental disputes, which must be resolved if the situation is to be alleviated.'

Iucn's Proposed Covenant On Environment & Development, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This article examines the genesis and scope of the IUCN draft Covenant. It (a) describes IUCN's interest and experience in preparing the proposed draft Covenant; (b) analyzes the roles the draft Covenant can serve; and (c) identifies some illustrative precedents for the Articles of the draft Covenant.