Calvin A. Kuenzel Memorial Issue
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28 |
Spring 1999
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NUMBER
4 |
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Monument
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Kevin Kuenzel & Mary Beth Kuenzel |
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Judicial Settlement of International Maritime Disputes - An Overview of the Current System
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Hon. Choon-ho- Park |
| International maritime disputes are being settled in the courts rather than on the high seas. In this Article, Judge Choon-ho Park describes the current international judicial systems, as set forth in the 1982 United Nations Convention on the Law of the Sea, to settle maritime disputes. First, Judge Park discusses the international judicial organs - the International Court of Justice and the International Tribunal for the Law of the Sea - and explains the functional differences between them. Next, he describes the judicial organs at the universal and regional levels, specifically discussing the historical underpinnings and operational facets of each. Finally, he briefly explains how a case is brought before a tribunal and some of the procedural aspects involved. |
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Mars Meets Mother Nature: Protecting the Environment During Armed Conflict
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Peter J. Richards, Michael N. Schmitt |
| The Law of Armed Conflict represents a concerted attempt on the part of nations and individuals to bring the tools of rational analysis to bear upon the field of endeavor that often appers to be incorrigibly rooted and grounded in irrational behavior. As the twentieth century draws to a close, the methods, applications, and effects of warfare seem to be undergoing turbulent change. One of the most visible aspects of this "revolution in military affairs" is a growing understanding and appreciation for the complexities of interralationship between war and the environment. This Article examines the connections between modern jus in bello and the environment. It first places the current debate in its historical context. The Article then focuses on treaty based customary norms in assessing the current state of the law. Finally, it concludes with some tentative responses and suggestions about the efficacy of the existing framework, and the likely direction of future developments. |
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Moving Pictures: How Satellites, the Internet, and International Environmental Law Can Help Promote Sustainable Development
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Charles Davies, Susan Hoban, Braden Penhoet |
| This Article focuses on the role satellite remote sensing and other digital earth science data can play in the legal process, from the making of environmental law, through compliance and enforcement, to amendment and adjustment of environmental standards. Because environmental law is drawn by science, real-time global environmental data will accelerate the increasingly rich environmental lawmaking process - from soft law, to custom, to the increasingly sophisticated treaty regimes. The earth science data also will accelerate national and regional lawmaking as well. This Article focuses on soft law and emerging customary norms because this is where the international environmental lawmaking process starts. It then provides a sketch of current uses of remote sensing and related technologies in comparative and international law contexts. Finally, we introduce a collaboration between the Center for International Environmenttal Law (CIEL), the University of Maryland, the Center of Excellence in Earch Sciences and Information Systems (CESDIS) at NASA's Goddard Space Flight Center, and the Library of Congress, which aims to accelerate the integration of satellite remote sensing data into international environmental law and policy. |
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Global Environmental Solutions: Management Systems and Synchronicity
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John Voorhees |
| This Article explores the development and implementation of the International Organization of Standardization's voluntary environmental management standard, ISO 14000. This standard provides business, municipalities, and non-governmental entities with guidance in developing an environmental management system to reduce environmental impacts and risks, and improve environmental performance. The Author believes that by adopting a systems approach to solving environmental problems using ISO 14000, business, municipalities, and non-governmental entities will achieve swifter and more cost effective solutions to global environmental problems. The Article explains the extraordinary response of business and communities, who are discovering that ISO 14000 can create opportunities for revenue growth and cause substantial reductions of waste production and energy use. The Author analyzes the costs and the social, political, and economic benefits of adopting an environmental management system. |
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Teaching International Environmental Law - Tools of the Trade: A Survey of Materials
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Michael J. Kelly |
| In this comprehensive review of materials to teachers of international environmental law, Professor Michael Kelly examines in considerable depth the two main textbooks in the field: Guruswamy's International Environmental Law and World Order and Hunter, Salzman, and Zaelke's International Enviornmental Law & Policy. Each are critiqued individually and then comparatively. Professor Kelly then presents an overview of topic books, treaties, Web mateials, and electronic databases that contain helpful information bearing on this area of law. Through-out this materials review, Professor Kelly offers the reader his insight on how an international enviornmental law course can be taught and which materials are best suited to the various approaches. An original flowchart outlining the international environmental legal process is also presented. |
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Reasonable Accommodation: Who Should Bear the Burden?
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Jeremy Holt |
| This Comment analyzes the burdens of production and persuasion with regard to proving "reasonable accommodation" under the Americans with Disabilities Act of 1990 (ADA). The Author begins by examining the Eleventh Circuit's initial stance on this issue, as taken in Willis v. Conopco, Inc., and then discusses each stance being offered by the other federal circuit court of appeals. The Author then offers a look into the legislative history of the ADA for guidance about Congress's intended solution to this inevitable problem. Finally, this Comment critically analyzes each view taken by the various circuit courts, and offers a view as to the proper solution. The Author argues that the reasoning taken by the Eleventh Circuit in Willis, wherein the court placed both the burden of suggesting an accommodation and the burden of proving its reasonableness on the claimant, is the only solution in keeping with the Act's explicit language and stated intent. |
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