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International

Charting New Waters: Public Involvement in the Management of International Watercourses

Citizens, nongovernmental organizations (NGOs), universities, and other members of civil society have played an essential role in developing and implementing environmental and natural resource laws and institutions at the local and...

Consistent Levels of Protection in International Trade Disputes: Using Risk Perception Research to Justify Different Levels of Acceptable Risk

Trade treaties have introduced the principle that similar risks should be treated similarly, and that countries must achieve internal consistency in the levels of protection they afford against certain hazards within their territories....

Implementing the Precautionary Principle

I. Introduction

The precautionary principle has become an increasingly important component of environmental policy, considered by the European Union (EU) to be a "full-fledged and general principle of international law."...

Symbolic Politics and Normative Spins: The Link Between U.S. Domestic Politics and Trade-Environment Protests, Negotiations, and Disputes

While scores of western commentators criticize the nontransparency1 of the World Trade Organization (WTO) in their examination of "green" trade-environment issues, they often ignore the linkage between...

Paying to Regulate: A Guide to Methanex v. United States & NAFTA Investor Rights

I. The Importance of Methanex v. United States to American States

Methanex v. United States1 is one of the first cases brought against the United States under the investment chapter...

Is There a Precautionary Principle?

Introduction

Progress has always brought, along with rosy prospects, shadowy perils. The risky byproducts of technology, combined with an enhanced appreciation of hazards, is making us edgier than ever. The "precautionary...

How to Make Capacity Building Work

The Pitfalls of Cross-Cultural Legal Capacity Building

American legal and technical experts regularly travel to other countries to participate in capacity building activities. Supported by governmental and private...

Diversity and Deadlock: Transcending Conventional Wisdom on the Relationship Between Biological Diversity and Intellectual Property

I. Biodiversity and Biotechnology: Debate as Distraction

The struggle for human survival, so successful that it now consumes 20 to 40% of the solar energy captured by plants,1 has cast a gloomy...

Reconciling Environmental Protection and Investor Rights Under Chapter 11 of NAFTA

I. Introduction1

Many concerns have been expressed recently regarding the likely conflicts between the extensive protections given to investors and investments under Chapter 11 of the North...

International Environmental Law and the Achievement of Intragenerational Equity

This Article examines the relationship between legal constructions of equity and rules of international environmental law, with particular emphasis on the emerging concept of intragenerational equity as a significant element in the...