Development International Law – Part 21

The Development of a ProLaw Journal / Law Reviewol on Energy Efficiency and Renewable Energy to the United Nations Framework Convention on Climate Change
Adrian J Bradbrook
New Zealand Journal of Environmental Law
Volume 5, 2001

In the context of the issue of climate change, this article draws attention to the importance of current world energy production and consumption, which is the major source of anthropogenic atmospheric carbon emissions. Energy issues have largely been ignored in international environmental law to date, and receive only scant attention in Agenda 21, the United Nations Framework Convention on Climate Change and its associated Kyoto ProLaw Journal / Law Reviewol. The article argues for the development of an international agreement designed to promote energy efficiency and renewable energy technologies and so reduce energy-based atmospheric carbon emissions. A new ProLaw Journal / Law Reviewol on Energy Efficiency and Renewable Energy is proposed, together with a detailed draft text, analysis and justification.

International Law-Making in the Field of Sustainable Development:The Unequal Competition Between Development and the Environment
Ximena Fuentes
International Environmental Agreements: Politics, Law and Economics
Volume 2, Number 2, June 2002 p.109-133

RELATIVE NORMATIVITY: CHALLENGING THE SOVEREIGNTY NORM THROUGH HUMAN RIGHTS LITIGATION
William J. Aceves
Hastings International and Comparative Law Review
Volume 25, Number 3, Summer 2002 p.261

Since 1945, two developments in human rights law have challenged the dominion of the sovereignty norm. First, the international community has recognized the existence of competing human rights norms, some of which now compete with the sovereignty norm for primacy. Second, a diverse group of institutions has applied these norms to challenge the sovereignty norm by imposing civil and criminal liability on government officials when they commit human rights violations. This essay examines how the sovereignty norm has been challenged through human rights litigation. Two recent human rights cases, Filartiga v. Pena-Irala and Regina v. Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet, illustrate the emergence of these normative and institutional challenges to the sovereignty norm. Specifically, this article examines the development of Filartiga-style civil litigation and Pinochet-style criminal litigation and their role in challenging the sovereignty norm.

Knowledge-Economy à‰lites, the International Law of Intellectual Property and Trade, and Economic Development
Michael P. Ryan
Cardozo Journal of International & Comparative Law
Volume 10, Number 1, Spring 2002 p.271

Fast, Cheap, and Out of Control: Lessons from the ICANN Dispute Resolution Process
Elizabeth G. Thornburg
Lewis & Clark Law Review
Volume 6, Number 1, Spring 2002 p.191

In this Article, Professor Thornburg addresses certain multijurisdictional dispute resolution issues arising out of the expansion of the Internet. She notes that national court systems are ill equipped to handle some of these international quandaries because of differences in substantive and procedural law. Significant enforcement problems also arise in multijurisdictional disputes. Privatized Online Dispute Resolution (ODR) provides an alternative to national court systems. Professor Thornburg analyzes whether the Uniform Dispute Resolution Policy (UDRP) of the Internet Corporation for Assigned Names and Numbers (ICANN) provides a good model of global ODR. She begins by describing the development of the UDRP. She then discusses the system’s qualities and the problems revealed by the operation of the ICANN process. Professor Thornburg asserts that the UDRP makes a few good procedural choices, but is nevertheless a flawed system that does not operate fairly even within its own limited sphere. Finally, Professor Thornburg explores the lessons of the UDRP, and concludes that a just and equitable system would share few qualities with the UDRP.

Author: international

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Development International Law.