The Experts below are selected from a list of 158718 Experts worldwide ranked by ideXlab platform
Michael Faure - One of the best experts on this subject based on the ideXlab platform.
-
International law Instruments to address the plastic soup
Social Science Research Network, 2019Co-Authors: Luisa Cortat Simonetti Goncalves, Michael FaureAbstract:The problem of the plastic pollution of the oceans is increasingly evident after 1997, when the great concentrations of plastics in the oceans was widely publicized. Still, there is a substantial lack of scientific data and research about the plastic pollution sources, destinations and consequences to nature and human life. The only certainty is that the amount of plastic that ends up in the ocean is alarming and does not tend to decrease any time soon, because of its durability and large range of use. Estimates show that, each year, at least 8 million tons of plastics leak into the ocean and, if no action is taken, this is expected to double by 2030 and to be multiplied by four by 2050. As a result, until 2050 there would be more plastic than fish in the ocean. This paper focuses on International legal pathways to face such a problem. It constitutes the basis for further research that aims at constructing a legal framework to adequately face the problem of the plastic pollution of the oceans. In order to do so, the first step is to unveil the already existing International Instruments – both hard and soft law. It is indispensable to accomplish this intermediate step because a great part of such pollution is in International waters, where the only legal regulations and remedies applicable are those from Public International Law. Solely by knowing the state-of-the-art of this approach is it possible to critically analyze its possibilities and limitations, as well as to suggest how to proceed. Therefore, this paper aims at first analyzing whether the International Instruments deal with the plastic soup issue, both from the ex ante and from the ex post perspectives. After showing that the current efforts are not compatible with the current harms and threats of the plastic pollution of the oceans, we raise suggestions on possible pathways and approaches to surpass the obstacles and to start facing the problem of the plastic pollution of the oceans.
-
International law Instruments to address the plastic soup
William and Mary Environmental Law and Policy Review, 2019Co-Authors: Luisa Cortat Simonetti Goncalves, Michael FaureAbstract:The problem of plastic pollution in the oceans has been increasingly evident after 1997, when the great concentrations of plastics in the oceans were initially publicized. Still, there is a substantial lack of scientific data and research about the sources of plastic pollution, destinations and consequences to nature and human life. The only certainty is that the amount of plastic that ends up in the ocean is alarming and likely will not decrease anytime soon because of its durability and large range of use. Estimates show that, each year, at least 8 million tons of plastics leak into the ocean and, if no action is taken, this is expected to double by 2030, and quadruple by 2050. As a result, by 2050 there would be more plastic than fish in the ocean. This Article focuses on International legal pathways to face such a problem. It constitutes the basis for further research that aims at constructing a legal framework to adequately face the problem of plastic pollution of the oceans. In order to do so, the first step is to unveil the already existing International Instruments - both hard and soft law. It is indispensable to accomplish this intermediate step because a great part of such pollution is in International waters, where the only legal regulations and remedies applicable are those from public International law. Solely through this state-of-the-art approach is it possible to analyze critically its possibilities and limitations, as well as to suggest how to proceed. Therefore, this Article first analyzes whether the International Instruments deal with the plastic soup issue, both from the ex ante and from the ex post perspectives. After showing that the current efforts are not compatible with the current harms and threats of plastic pollution of the oceans, we suggest possible pathways and approaches to surpass the obstacles and to start facing the problem of plastic pollution of the oceans.
Shamiran Mako - One of the best experts on this subject based on the ideXlab platform.
-
cultural genocide and key International Instruments framing the indigenous experience
Social Science Research Network, 2012Co-Authors: Shamiran MakoAbstract:Since its introduction by Raphael Lemkin during the Second World War, cultural genocide has served as a conceptual framework for the non-physical destruction of a group. Following a vigorous debate over the legitimacy of the concept by states fearing prosecution for ethnocidal acts, namely Australia, the United States, Sweden, and Canada, cultural genocide/ethnocide was abrogated from the 1948 Genocide Convention. This pivotal move has shifted the frame of analysis and has sparked a contentious debate about the distinguishing elements of the physical destruction of a people and their cultural dissipation. The achievements of the indigenous peoples' movement throughout the 1980s reignited the debate surrounding cultural genocide within the International arena. This paper is both a survey of cultural genocide of indigenous populations of North America, South America, and Australia, as well as the role of indigenous social movements within the International arena. It analyzes the development of cultural genocide within International law by Raphael Lemkin, its subsequent debate by the United Nations’ Ad Hoc Committee on Genocide, its omission from the Genocide Convention, and its reintroduction by indigenous peoples’ mobilization to the International arena. The Declaration on the Rights of Indigenous Peoples, the Indigenous Peoples Rights Act (Philippines), the International Covenant on Economic, Social, and Cultural Rights, and various findings of the ICTY relating to cultural genocide, the conference findings of the Organization for Security and Co-operation in Europe relating to minorities, along with Lemkin's original reference to the term, will be used as frameworks for illuminating the extent and gravity of such crimes.
-
Cultural Genocide and Key International Instruments: Framing the Indigenous Experience
Brill, 2011Co-Authors: Shamiran MakoAbstract:Since its introduction by Raphael Lemkin during the Second World War, cultural genocide has served as a conceptual framework for the non-physical destruction of a group. Following a vigorous debate over the legitimacy of the concept by states fearing prosecution for ethnocidal acts, namely Australia, the United States, Sweden and Canada, cultural genocide/ethnocide was abrogated from the 1948 Genocide Convention. This pivotal move has shifted the frame of analysis and has sparked a contentious debate about the distinguishing elements of the physical destruction of a people and their cultural dissipation. The achievements of the indigenous peoples’ movement throughout the 1980s reignited the debate surrounding cultural genocide within the International arena. This article is both a survey of cultural genocide of indigenous populations of North America, South America and Australia, as well as the role of indigenous social movements within the International arena. It analyzes the development of cultural genocide within International law by Raphael Lemkin, its subsequent debate by the United Nations’ Ad Hoc Committee on Genocide, its omission from the Genocide Convention, and its reintroduction by indigenous peoples’ mobilization to the International arena. The Declaration on the Rights of Indigenous Peoples, the Indigenous Peoples Rights Act (Philippines), the International Covenant on Economic, Social, and Cultural Rights, the various findings of the International Criminal Tribunal for the former Yugoslavia relating to cultural genocide, the conference findings of the Organization for Security and Co-operation in Europe relating to minorities, along with Lemkin’s original reference to the term will be used as frameworks for illuminating the extent and gravity of such crimes.
Luisa Cortat Simonetti Goncalves - One of the best experts on this subject based on the ideXlab platform.
-
International law Instruments to address the plastic soup
Social Science Research Network, 2019Co-Authors: Luisa Cortat Simonetti Goncalves, Michael FaureAbstract:The problem of the plastic pollution of the oceans is increasingly evident after 1997, when the great concentrations of plastics in the oceans was widely publicized. Still, there is a substantial lack of scientific data and research about the plastic pollution sources, destinations and consequences to nature and human life. The only certainty is that the amount of plastic that ends up in the ocean is alarming and does not tend to decrease any time soon, because of its durability and large range of use. Estimates show that, each year, at least 8 million tons of plastics leak into the ocean and, if no action is taken, this is expected to double by 2030 and to be multiplied by four by 2050. As a result, until 2050 there would be more plastic than fish in the ocean. This paper focuses on International legal pathways to face such a problem. It constitutes the basis for further research that aims at constructing a legal framework to adequately face the problem of the plastic pollution of the oceans. In order to do so, the first step is to unveil the already existing International Instruments – both hard and soft law. It is indispensable to accomplish this intermediate step because a great part of such pollution is in International waters, where the only legal regulations and remedies applicable are those from Public International Law. Solely by knowing the state-of-the-art of this approach is it possible to critically analyze its possibilities and limitations, as well as to suggest how to proceed. Therefore, this paper aims at first analyzing whether the International Instruments deal with the plastic soup issue, both from the ex ante and from the ex post perspectives. After showing that the current efforts are not compatible with the current harms and threats of the plastic pollution of the oceans, we raise suggestions on possible pathways and approaches to surpass the obstacles and to start facing the problem of the plastic pollution of the oceans.
-
International law Instruments to address the plastic soup
William and Mary Environmental Law and Policy Review, 2019Co-Authors: Luisa Cortat Simonetti Goncalves, Michael FaureAbstract:The problem of plastic pollution in the oceans has been increasingly evident after 1997, when the great concentrations of plastics in the oceans were initially publicized. Still, there is a substantial lack of scientific data and research about the sources of plastic pollution, destinations and consequences to nature and human life. The only certainty is that the amount of plastic that ends up in the ocean is alarming and likely will not decrease anytime soon because of its durability and large range of use. Estimates show that, each year, at least 8 million tons of plastics leak into the ocean and, if no action is taken, this is expected to double by 2030, and quadruple by 2050. As a result, by 2050 there would be more plastic than fish in the ocean. This Article focuses on International legal pathways to face such a problem. It constitutes the basis for further research that aims at constructing a legal framework to adequately face the problem of plastic pollution of the oceans. In order to do so, the first step is to unveil the already existing International Instruments - both hard and soft law. It is indispensable to accomplish this intermediate step because a great part of such pollution is in International waters, where the only legal regulations and remedies applicable are those from public International law. Solely through this state-of-the-art approach is it possible to analyze critically its possibilities and limitations, as well as to suggest how to proceed. Therefore, this Article first analyzes whether the International Instruments deal with the plastic soup issue, both from the ex ante and from the ex post perspectives. After showing that the current efforts are not compatible with the current harms and threats of plastic pollution of the oceans, we suggest possible pathways and approaches to surpass the obstacles and to start facing the problem of plastic pollution of the oceans.
Armin Von Bogdandy - One of the best experts on this subject based on the ideXlab platform.
-
european law beyond ever closer union repositioning the concept its thrust and the ecj s comparative methodology
European Law Journal, 2016Co-Authors: Armin Von BogdandyAbstract:The article investigates competing understandings of European law. It supports, against the prevailing EU-centred understanding, an ecumenical concept that embraces EU law, supplementing International Instruments, the European Convention on Human Rights and, importantly, various domestic laws enacting or responding to such transnational law, as well as European comparative law. To keep the concept in sync with European politics, it posits a new idea that binds the parts together: to provide for a European legal space rather than further European integration (the ever closer union). This idea can also serve as European law's functional equivalent to forming one legal order. European law thus conceived grasps the puzzling complex of interdependent legal orders, sets a common frame for corresponding reconstructions (European composite constructions, legal pluralism, network theories, federalism or intergovernmentalism) and allows forces with diverging outlooks to meet in one legal field, on one more neutral disciplinary platform. Within this framework, European comparative law finds a new mission as well as a sound legal basis.
-
the transformation of european law the reformed concept and its quest for comparison
Social Science Research Network, 2016Co-Authors: Armin Von BogdandyAbstract:The article investigates competing understandings of European law. It supports, against the prevailing EU-centered understanding, an ecumenical concept that embraces EU law, supplementing International Instruments, the European Convention on Human Rights, and, importantly, various domestic laws enacting or responding to such transnational law, as well as European comparative law. To keep the concept in sync with European politics, it posits a new idea that binds the parts together: to provide for a European legal space rather than further European integration (the ever closer union). This idea can also serve as European law’s functional equivalent to forming one legal order. European law thus conceived grasps the puzzling complex of interdependent legal orders, sets a common frame for corresponding reconstructions (European composite constructions, legal pluralism, network theories, federalism, or intergovernmentalism), and allows forces with diverging outlooks to meet in one legal field, on one more neutral disciplinary platform. Within this framework, European comparative law finds a new mission as well as a sound legal basis.
Maren Heidemann - One of the best experts on this subject based on the ideXlab platform.
-
International commercial harmonisation and national resistance the development and reform of transnational commercial law and its application within national legal culture
European Business Law Review, 2009Co-Authors: Maren HeidemannAbstract:International contract and commercial law has recently been subject to reform through the process of judicial and commercial co-operation within the EU. A number of EU directives and regulations in the area of private and commercial law have been adopted or are being drafted and in the process of formal adoption. The complementary element to this growing effort of harmonisation and uniformisation in order to advance the internal market cross-border trade is of course the application of substantive legal norms forming part of International and transnational law. Without a culture of applying International and transnational legal rules, the process of harmonisation remains a 'top-down' process which might not achieve its ultimate objectives. In the area of private and commercial law, three elements of applying law to cross-border situations can be identified and illustrated here: (1) the skill, of applying substantive norms of transnational contract law, (2) the willingness to acknowledge foreign legal concepts and draft legislation with a view to International Instruments, (3) the appropriate consideration of foreign legal positions or even precedence in domestic proceedings in International matters. This paper examines these elements by way of reference to recent case law and law reform projects in two jurisdictions.
