Human Rights Law Commons^™

Novartis And The U.N. Global Compact Initiative, Lee A. Tavis

Vanderbilt Journal of Transnational Law

The U.N. Global Compact initiative evolved from a challenge posed by Secretary-General Kofi Annan to the business community at the World Economic Forum in Davos in January 1999. "I call on you--individually through your firms, and collectively through your business associations--to embrace, support, and enact a set of core values in the areas of human rights, labor standards and environmental practices." His vision is "to give a human face to the global market." Over a year of intense interaction among business chief executive officers and associations, non-governmental organizations, labor unions, and four U.N. agencies led to the formulation of nine …

Bi-Polar And Polycentric Approaches To Human Rights And The Environment, Michael Burger

Sabin Center for Climate Change Law

Within the well-established human rights system, there exist at least three ways to promote environmental ends (each of which is discussed further in Section III below): (1) mobilizing existing rights to achieve environmental ends; (2) reinterpreting existing rights to include environmental concerns; and (3) creating new rights, such as the right to a clean environment. To justify engaging in any one of these processes, an advocate must recognize both their moral legitimacy and legal utility. As one author has argued, "the justification for rights is to be found in the way in which they enable us to address a key …

Justice Unconceived: How Posterity Has Rights, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.

Environmental Law Of Armed Conflict, Nada Al-Duaij

Dissertations & Theses

This thesis explains the law of the environment during armed conflicts in five parts. Part One, “General Background of Armed Conflict,” focuses on the nature of armed conflict, including international and national disputes, civil war, and the problem of applying international legal duties to internal belligerents, the impact of armed conflict on civilians, and the environmental impact of preparing for, engaging in, and recovering from armed conflict. Part Two, “Environmental Protection in International Humanitarian Law,” examines the definition of international humanitarian law (IHL), focusing particularly on the environmental protection provisions in the IHL and its current inadequacy as a tool …

Table Of Contents

Public Interest Law Reporter

No abstract provided.

Application Of The Rational Basis Test To Treaty-Implementing Legislation: The Need For A More Stringent Standard Of Review, Virginia H. Johnson

Cardozo Law Review

No abstract provided.

Agenda: A Cartography Of Governance: Exploring The Province Of Environmental Ngos, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Environmental Program, University Of Tulsa. National Energy-Environment Law & Policy Institute, University Of Colorado Boulder. United Government Of Graduate Students

A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)

Presented by: the Colorado Journal of International Environmental Law and Policy on April 7 & 8, 2001. Symposium director: Lakshman D. Guruswamy.

Co-sponsored by: University of Colorado School of Law, University of Colorado Environmental Program, University of Tulsa National Energy-Environment Law and Policy Institute, University of Colorado United Government of Graduate Students.

The papers and edited proceedings of the conference will be published in a special symposium issue of the Colorado Journal of International Environmental Law & Policy (CJIELP).

"The first objective of the Symposium was to understand and explore the growing importance of nongovernmental actors, and delineate the manner …

Globalization And The Nation State, Jayantha Dhanapala

A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)

15 pages.

The United Nations And Civil Society, Jayantha Dhanapala

A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)

7 pages.

China’S Three Gorges: The Impact Of Dam Construction On Emerging Human Rights, Sarah C. Aird

Human Rights Brief

No abstract provided.

At The Crossroads Of Environmental And Human Rights Standards: Aguinda V. Texaco, Inc. Using The Alien Tort Claims Act To Hold Multinational Corporate Violators Of International Laws Accountable In U.S. Courts, Lisa Lambert

Florida State University Journal of Transnational Law & Policy

No abstract provided.

International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl

Scholarly Articles

The gap between international humanitarian law and environmental security should trouble international lawyers. Just as armed conflict often creates a context in which the most serious human rights abuses occur, so too, does it create a similar context for the infliction of wanton and extensive destruction to the environment. This destruction creates profound environmental insecurity. Part (II) of this Article explores the insecurities caused by the environmental consequences of armed conflict. Although the international community has shown considerable concern for the humanitarian consequences of war, it has been significantly more hesitant in accounting for war's environmental consequences. It is for …

Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya

Publications

No abstract provided.

Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya

Buffalo Environmental Law Journal

No abstract provided.

Human Rights, Environment & Community: A Workshop: Presentation By Neil A.F. Popovic, Neil A.F. Popovic

Buffalo Environmental Law Journal

No abstract provided.

Linking Human Rights, Rights Of Indigenous People And The Environment, Sevine Ercmann

Buffalo Environmental Law Journal

No abstract provided.

Human And Environmental Rights In The Trial Of Alexander Nikitin, Stephen L. Kass

Human Rights Brief

No abstract provided.

Population. Environment. And Development: The Changing Paradigm Of The 1990s, Sharmini Abbasi

LLM Theses and Essays

Among the vast web of challenges before us in the wake of the new millennium population growth is one of the most worrying aspects of human existence. The consequences of the world's rapid population growth on human well-being and on the environment have been the subject of intense controversy for many years and got even more accentuated as the 1990s progress. However, the framework of international environmental law and agreement has for long failed to consider adequately the clear linkages between rapid population growth and environmental degradation. Thus, the study attempts to discuss and analyze competing for international perspectives, theories, …

Oct. 29, 1998 (Faxed), A. Umana, Statement On Retiring From Wbip, Alvaro Umana

CAO Creation Pre-1999

No abstract provided.

Intellectual Property, Human Rights & Sovereignty: New Dilemmas In International Law Posed By The Recognition Of Indigenous Knowledge And The Conservation Of Biodiversity, Rosemary J. Coombe

Indiana Journal of Global Legal Studies

No abstract provided.

A Comparison Of Protecting The Environmental Interests Of Latin-American Indigenous Communities From Transnational Corporations Under Internation Human Rights And Environmental Law, Maura Mullen De Bolívar

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Rhetoric And Rage: Third World Voices In International Legal Discourse, Karin Mickelson

All Faculty Publications

This paper sets out to question the conventional view of the Third World and international law, which tends to characterize Third World legal discourse as ad hoc and reactive. It considers whether it might be possible to identify "distinctive modes of thought and analysis" characteristic of a Third World approach to international law. In her analysis, the author begins by exploring various usages of the term "Third World," and explains the way in which it is used in this paper. She then sketches out Third World approaches to the subject areas of international economic law, human rights and the environment, …

Endangered Species Wannabees, John Copeland Nagle

Journal Articles

Environmental law and theories of statutory interpretation have developed side by side in the United States during the past twenty-five years. Many of the leading environmental law cases are also statutory interpretation cases. China is different. China has enacted many environmental statutes, often patterned after foreign laws such as those in the United States, but there are no Chinese environmental law statutory interpretation cases.

This article examines why there are no such cases, and what we may learn from that fact. I am indebted to the work of Professor Stewart, whose engaging article in this symposium issue combines three of …

Oct. 7, 1997, D. Clark And D. Hunter, Ciel, And A. Durbin, Foe, Letter To Board Code Members Re Inspection Mechanism For Ifc And Miga, David Hunter, Dana Clark, Andrea Durbin

CAO Creation Pre-1999

This document is the cover letter dated October 7, 1997, from Dana Clark and David Hunter, Center for International Environmental Law (CIEL), and Andrea Durbin, Friends of the Earth--US (FoE-US) to Members of the Committee on Development Effectiveness, proposing an Inspection Mechanism for IFC/MIGA. Attached to the letter is the proposed draft resolution proposing an Independent Review Panel for the IFC and MIGA using the World Bank Inspection Panel as a starting point. The NGO proposal was part of the multi-year (1996-1998) discussions regarding the correct approach to n accountability mechanism for IFC. The eventual launch of the Compliance Advisor/Ombudsman …

Sept. 19, 1997, Think Piece On Inspection Panel, Unattributed

CAO Creation Pre-1999

No abstract provided.

Sept. 3, 1997, T. Armstrong, Email To R. Bissell, Wbip, Cc C. Dobson, Bic, Comments On Proposed Independent Inspection Commission, Tish Armstrong

CAO Creation Pre-1999

This document an email from Tish Armstrong, International Center Human Rights, dated September 3, 1997, to Richard Bissell, Inspection Panel Member, commenting on an informal "Scope paper" for an Independent Inspection Commission.

Aug. 15, 1997, Ciel And Foe, Proposal For An Independent Review Panel Faxed October 7, 1997, D. Hunter D. Clark To C. Lee, General Counsel, Ifc, Center For Internatinal Enviornmental Law, Friends Of Earth-U.S., David Hunter, Dana Clark

CAO Creation Pre-1999

Prompted by public concern about alleged non-compliance with policies of the Bank Group, and project-specific controversies (such as the Pangue Dam on Chile's BioBio river), the President and top management of the International Finance Corporation (IFC) and the Multilateral Investment Guarantee Agency (MIGA), the two private sector arms of the World Bank Group, have announced their intention to create a review mechanism patterned after the existing World Bank Inspection Panel (which only applies to the International Bank for Reconstruction and Development (IBRD) and the International Development Association (IDA)). Mr. Wolfensohn, in particular, has supported the extension of the Panel as …

Jan. 28, 1997, Outline For Response To Enron Et Al, Notification Of The Proposed Project, Center For International Environmental Law

CAO Creation Pre-1999

No abstract provided.

Reflections On Environmental Rights As Third Generation Solidarity Rights, Ileana M. Porras

University of Miami Inter-American Law Review

No abstract provided.

Mexico's El Cuchillo Dam Project, Raúl M. Sánchez

University of Miami Inter-American Law Review

No abstract provided.