Environmental Law Commons^™

Current Legal Framework On South Africa And Cameroon Relating To Plastic Pollution To The Environment On A Comparative Basis : Case Study : South Africa And Cameroon, Temah Larry Besong Ndi

World Maritime University Dissertations

The objective of these studies is to compare the environmental laws of South Africa and Cameroon with focus on plastic pollution laws on both nations, with a yard stick of that of IMO international conventions. The reason to better the environmental laws of Cameroon, copying that of South Africa which is very much advanced and are signatories to several IMO conventions, in abide to put Cameroon administration on same level. The importance of the marine environment need not be over emphasis as the plastics pollution is now a global concerned and Cameroon at the mouth of Atlantic Ocean, with a …

A Legal Analysis On The Implementation And Enforcement Of Fishery Laws Of The Coastal State In Its Exclusive Economic Zone : A Philippine Perspective, Fatima Aleli Angeles

World Maritime University Dissertations

This dissertation scrutinizes the extent of the rights that the Philippines as a coastal State has with regards to the implementation and enforcement of fishery laws in its Exclusive Economic Zone (EEZ). By examining how the right to engage in fishing and the concept of EEZ emerged, as well as laying down the fishery rights of the States in the different maritime zones, this research was able to establish the legal regime involving the fishery laws implementation and enforcement in the EEZ. Thereafter, various States practices were probed to determine the trend of implementation and enforcement of fishery laws in …

The Tragicomedy Of The Commons, Brigham Daniels

BYU Law Review

Scholarship on the commons focuses on a diverse set of problems, ranging from crashing fisheries to crowded court dockets. Because we find commons resources throughout our natural and cultural environments, understanding old lessons and learning new ones about the commons gives us leverage to address a wide range of problems. Because the list of resources identified as commons resources continues to grow, the importance of gleaning lessons about the commons will also continue to grow.

That being said, while the resources that make up the commons are certainly diverse, so too are the ways scholars depict it and the challenges …

Our Global Commons, Brigham Daniels, James Salzman

BYU Law Review

No abstract provided.

Surprising Commons, Carol M. Rose

BYU Law Review

No abstract provided.

Texas Groundwater And Tragically Stable “Crossovers”, Zachary Bray

BYU Law Review

One recurring question in the academic literature on common-pool resources relates to the persistence of “tragic” commons regimes—systems that encourage, or at least tolerate, the inefficient, wasteful, hazardous, or unfair exploitation of a resource that is easily accessed for and diminished by individual use and consumption. Of course, not all commons are tragic: some common-pool resources invite individual access in efficient, fair, and durable ways. Yet many commonly held resources do lie under systems of governance that are not just tragic but persistently and stubbornly so. Often the tragic aspects of such commons regimes are well known; indeed, for some …

Naming The Tragedy, Eric T. Freyfogle

BYU Law Review

No abstract provided.

Isolated Wetland Commons And The Constitution, Blake Hudson, Mike Hardig

BYU Law Review

Isolated wetlands provide great ecological and economic value to the United States. While some states provide protection for isolated wetlands, a great many do not. These wetlands are also left outside the ambit of federal wetland regulatory protections under the Clean Water Act, with its murky jurisdictional reach. Notwithstanding jurisdictional questions under current federal statutes, the U.S. Supreme Court has gone so far as to call into question the constitutionality of federal isolated wetland regulation. This Article makes a normative argument that, in the absence of state or local programs providing holistic isolated wetland protection, federal action is needed. The …

Local Governments And Global Commons, Jonathan Rosenbloom

BYU Law Review

No abstract provided.

Pesticides: Problems Facing The Industry In Submitting Proprietary Scientific Data To An International Organization, Alexander R. Nemajovsky

Georgia Journal of International & Comparative Law

No abstract provided.

Environmental Disasters And Human Health Consequences: A Year In Review, Susan Johnson, Blythe Brauer, Samantha Bird, Andrea Abergel, Jon Davey, Mary Strayhorne

Sustainable Development Law & Policy

No abstract provided.

Requiring The Use Of Tracers In Hydraulic Fracturing Fluid To Trace Alleged Contamination, Stephanie Kurose

Sustainable Development Law & Policy

No abstract provided.

When Big Oil Comes To A Small Town: The Exxonmobil Oil Spill In Mayflower In Context, James D. Hekel Jr.

Sustainable Development Law & Policy

No abstract provided.

The Gold War Of Romania: Sustainable Development Or Irreversible Damage?, Alexandra Manea

Sustainable Development Law & Policy

No abstract provided.

The Health Consequence Of Genetically Modified Organisms And Lack Of Regulation: Genetically Engineered Food Linked To Rise In Autism Prevalence, Victoria H. Peters

Sustainable Development Law & Policy

No abstract provided.

Rubber-Stamped Regulation: The Inadequate Oversight Of Genetically Engineered Plants And Animals In The United States, Genna Reed

Sustainable Development Law & Policy

No abstract provided.

The Minamata Convention On Mercury: Past, Present, And Future Environmental Health, Maggie Coulter

Sustainable Development Law & Policy

No abstract provided.

Driving Innovation: How Stronger Laws Pull Safer Chemicals Into The Market, Baskut Tuncak

Sustainable Development Law & Policy

No abstract provided.

Editor's Note, Veronica Kennedy

Sustainable Development Law & Policy

No abstract provided.

How The Esa Can Swallow Alaskan Tribal Sovereignty: The Story Of The Iliamna Lake Seals, Charisse Arce

American Indian Law Journal

No abstract provided.

Policy Context Of The Endemic Flora Of The Maltese Islands In A Changing Taxonomic Landscape, Clara Agius

Masters Theses, 2010-2019

The degradation of the environment since the Industrial Revolution has been a turning point for legislation, leading to many countries, including EU states, to create legislations that conserve the environment. These legislations are based on scientific facts. This can create a divide between policy and science, as science and scientific methods are constantly changing, while policy has to keep up. Scientific facts of yesterday, may not necessarily be the same as today. This divide between science and policy may have implications on the designation of Protected Areas. One of the criteria of a Protected Area is the protection of an …

Contesting Risk, Precaution And Legitimacy: A Case Study Of Lafarge, Savitri Vasanta Gordian

LLM Theses

This thesis examines debates about the precautionary principle in a tribunal and judicial review proceeding where environmental groups and individuals challenged a proposal to burn tires and other non-traditional fuel sources at a cement plant in Ontario, Canada. Chapter 1 explores scholarship on the precautionary principle and outlines the unique analytical contributions offered by administrative constitutionalism theory. Chapter 2 sets out the case study methodology employed by the author. Chapter 3 explains the legislative context. In chapters 4 through 9, each participant’s arguments are analyzed in relation to the two paradigms of administrative constitutionalism: Rational-Instrumentalist and Deliberative-Constitutive. This thesis establishes …

Courts Cap The "Trade": Regulation Of Competitive Markets When Courts Overturn State And Federal Cap-And-Trade Regulation, Steven Ferrey

West Virginia Law Review

No abstract provided.

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 …

Outcome Report Of Roundtable On Human Rights Impact Assessments (Hrias) Of Large-Scale Foreign Investments, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

CCSI, the Sciences Po Law School Clinic, and the Columbia Law School Human Rights Institute recently published an outcome document of a one-day roundtable focused on the opportunities and challenges presented by human rights impact assessments (HRIAs) of large-scale foreign investments. The roundtable, which was held in April 2014 at Columbia University, provided an opportunity for collaborative reflection on the development of HRIAs, as well as on ways to enhance HRIAs as a framework and tool for both human rights advocacy and human rights risk management in respect of foreign investments.

By sharing the outcomes of the roundtable, this document …

A Holistic View Of Agency Enforcement, David L. Markell, Robert L. Glicksman

Scholarly Publications

The law review literature has long recognized that effective enforcement is an essential component of effective regulation. Yet much of the literature focuses on one aspect of the enforcement challenge or another. For example, the underlying theory about optimal levels of enforcement has received considerable attention, as have topics such as the relative merits of using deterrence-based versus cooperation-based approaches and the use of citizen suits. The purpose of this Article is to consider agencies’ enforcement and compliance promotion function holistically.

This Article proposes a three-layered conceptual framework for considering options for structuring the administrative agency enforcement and compliance promotion …

Orchestrating Under Uncertainty: The Organization Of Sustainable Development At The United Nations, Philip A. Sandick

William & Mary Environmental Law and Policy Review

No abstract provided.

Making Agricultural Investments Work For Land Users & Communities, Kaitlin Y. Cordes

Columbia Center on Sustainable Investment Staff Publications

Earlier this year, Liberian President Ellen Johnson Sirleaf made an unexpected commitment related to foreign investment in land and community land rights. In a meeting with communities who had raised concerns regarding a British company’s attempts to expand its palm oil production onto their customary land, the President effectively told those communities that they would have the right to say yes or no to further expansion, noting that the company could expand only with the affected communities’ approval.

Why Environmental Laws Fail, Jan G. Laitos, Lauren Joseph Wolongevicz

William & Mary Environmental Law and Policy Review

Although governments have deployed an array of environmental protection laws, our planet continues to experience unprecedented environmental “crises,” including climate change, resource depletion, species extinction, ecosystem damage, and toxic air-water-land pollution. Despite universal acknowledgment and recognition of these serious environmental issues, and despite a growing list of laws designed to address these issues, the reality is that these adverse Earth-based environmental changes continue, and may even be worsening. Environmental protection laws have often failed because they usually include certain problematic characteristics: they are anthropocentric, in that their goal is to protect and benefit humans, not the environment in which humans …

Changing Lead Into Gold: Examining Agency Attempts To Use The Clean Water Act To Solve Ecosystem Degradation Issues, N. Lindsay Simmons

William & Mary Environmental Law and Policy Review

No abstract provided.