Critical Assessment of Reparation in International Environmental Law
In: Proceedings of the ASIL Annual Meeting, Band 110, S. 293-297
ISSN: 2169-1118
2757216 Ergebnisse
Sortierung:
In: Proceedings of the ASIL Annual Meeting, Band 110, S. 293-297
ISSN: 2169-1118
In: Timo Hebeler/Ekkehard Hofmann/Alexander Proelß/Peter Reiff (eds), Protecting the Environment for Future Generations – Principles and Actors in International Environmental Law, Erich Schmidt Verlag, Berlin, 2016
SSRN
In: Eval Benvenisti and Georg Nolte, eds., Community Obligations in International Law, 2017, Forthcoming
SSRN
In: The International library of essays in law and legal theory
In: Areas 15
In: The IMLI manual on international maritime law volume 3
What, is truly "environmental" about environmental law? This Article is the first attempt to answer this question by integrating Law & Literature scholarship with the study of environmental law. I argue that competing narratives of nature and culture common to the American environmental imagination play a more significant role in environmental law and litigation than previously acknowledged. These competing narratives, communicated through a known set of environmental stories and tropes, are used by attorneys to establish, frame, narrate and argue their cases, and they are absorbed, reimagined, reframed and retold by judges in their written opinions, making environmental law a kind of expressive, literary event. To illustrate this process, the Article examines two important and highly visible case studies: the reintroduction of gray wolves into the Northern Rocky Mountains and the public nuisance climate change lawsuit that culminated in the Supreme Court's decision in Connecticut v. American Electric Power. A close reading of the pleadings, legal briefs and judicial opinions in these case studies demonstrates that courts respond to and reinforce traditional environmental stories, such as wilderness tales and the environmental apocalyptic, but evince a strong preference for a less well-known story, which I call the Progressive Management Machine. The Progressive Management Machine promises reconciliation of competing environmental narratives through administrative process and science-driven decision making, but, in so doing, masks its own contravention of those same narratives. The approach developed here launchesa larger project exploring the dynamic relationship between environmental law, literature and narrative. This Article, like the larger project, seeks to elucidate not only various litigators' and judges' rhetorical strategies but also the purposes, content and significance of environmental law.
BASE
In: International environmental law and policy series 56
In: Legal aspects of sustainable development 17
In: Research handbooks in international law series
In: Law 2016
The Research Handbook on International Law and Natural Resources provides a systematic and comprehensive analysis of the role of international law in regulating the exploration and exploitation of natural resources. The book covers overarching and sectoral, as well as traditional and emerging, legal issues in natural resource development. The book illuminates interactions and tensions between international environmental law, human rights and economic law, as well as the law of the sea, tracing their evolution and identifying critical areas for further investigation. It also discusses the relevance of soft law and international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. Analysis of historical and current policy debates, including the incipient negotiations of a new international legally binding instrument on marine biodiversity in areas beyond national jurisdiction and the adoption of the Sustainable Development Goals and the Paris Agreement on climate change, are included. While the Handbook is accessible to those approaching the subject for the first time, it identifies pressing areas for further investigation that will be of interest to advanced researchers and practitioners of international environmental, economic and human rights law
In: IMPLEMENTATION OF INTERNATIONAL ENVIRONMENTAL LAW, L. Rajamani, S. Maljean Dubois, eds., Hague Academy of International Law, Forthcoming
SSRN
SSRN
Working paper
In: Les livres de droit de l'Académie