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The past few decades have witnessed the growth of an exciting debate in the legal academy about the tensions between economic pressures to commodify and philosophical commitments to the market inalienability of certain items. Sex, organs, babies and college athletics are among the many topics...
Persistent link: https://www.econbiz.de/10012964765
Illegal waste disposal is one of the most important environmental problems worldwide. An increasing number of countries apply criminal sanctioning to environmental offenders, based on the notion, but without any evidence that such sanctions provide deterrence. The present paper studies the...
Persistent link: https://www.econbiz.de/10012976482
Clinicians, ethicists and lawyers have long debated the parameters of triage in response to the inevitable disasters that sporadically overwhelm the health care system. Almost universally, they have advocated for open, transparent and consultative triage protocols, guidelines and legislation to...
Persistent link: https://www.econbiz.de/10013216058
The crime of ‘ecocide’ has been discussed for almost 50 years and is of increasing relevance. Starting as scientific and biological debates during the Vietnam War, ecocide arguments became foremost political and then juridical. Recently in 2021, the ‘Stop Ecocide Foundation’ proposed to...
Persistent link: https://www.econbiz.de/10013292963
Persistent link: https://www.econbiz.de/10013033238
Remedies in international law present an intriguing challenge: what happens if a sovereign state refuses to comply with its obligations, even after an international adjudicatory body has ruled in its disfavour? The absence of compulsory enforcement arguably means that international law as a...
Persistent link: https://www.econbiz.de/10013035744
The 1982 LOS Convention locked in the quot;Thames Formula,quot; an approach that assigns primacy to flag States in implementing and enforcing the international maritime regime. Decades of experience have demonstrated that the balance of interests struck by the Thames Formula fails to meet the...
Persistent link: https://www.econbiz.de/10012756472
In political science, legal and economic literature, there has been a lot of debate on how to achieve an optimal compliance especially with multi-lateral environmental treaties. This chapter attempts to present the literature indicating under what conditions compliance with global environmental...
Persistent link: https://www.econbiz.de/10014173576
The Corporate Social Responsibility (CSR) movement and Fair Trade systems have grown in the past decade, reflecting a belief that corporations operating at a global level must voluntarily assume the role of raising production and trade standards and that consumers should play a role in...
Persistent link: https://www.econbiz.de/10014194838
This Article examines the activities of various multinational enterprises (MNEs) involved in the Prestige oil spill of, 2002. The liability exposure of such enterprises is found to have been minimized by three legal phenomena which result from the current treatment of MNEs under national and...
Persistent link: https://www.econbiz.de/10014212257