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NCJ Number: 136633 Find in a Library
Title: Developments in the Law: International Environmental Law
Journal: Harvard Law Review  Volume:104  Issue:7  Dated:(May 1991)  Pages:1484-1639
Corporate Author: Harvard Law Review Assoc
Harvard Law Review
United States of America
Date Published: 1991
Page Count: 256
Sponsoring Agency: Harvard Law Review Assoc
Cambridge, MA 02138
Type: Legislation/Policy Description
Format: Article
Language: English
Country: United States of America
Annotation: This note identifies recent developments in international environmental law and assesses their potential for protecting the environment.
Abstract: The analysis challenges whether and to what extent international law and institutions can overcome two fundamental obstacles to global environmental protection: reluctance on the part of States to cede sovereignty and conflicting State interests. Additionally, the discussion considers the ongoing reliance of legal experts on international custom as a source of rules for assigning State liability in instances of transboundary pollution. Further, this note examines international treaties as a means of preventing environmental harms, identifies the problems States confront in enforcing international environmental agreements, and reviews the role of international institutions in the creation and enforcement of international environmental law. The concluding section argues that the doctrines U.S. courts use to balance U.S. and foreign interests fail to resolve the tension between the environment and development and proposes an alternative method to mediate such conflicts. 160 footnotes
Main Term(s): Environmental laws; International law
Index Term(s): Interagency cooperation; International agreements; International Law Enforcement Cooperation; Regulations compliance
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