It has become an orthodoxy in some quarters that fiduciary duties are only proscriptive, forbidding certain actions, and never prescriptive, requiring positive action. I argue that this is a misunderstanding. The argument begins by attempting to explain how this orthodoxy arose, and then by...

This contribution seeks to analyse and compare WTO Accession Protocols, particularly the interpretations given relevant commitments made in them regarding energy and fossil fuels. After first providing an outline of the accession process and its importance for the natural resources and energy...

Dual pricing is a practice through which resource-endowed states sell their energy resources at significantly lower prices on the domestic market, as compared to the price on the export market. Dual pricing could be considered an environmentally harmful fossil fuel subsidy: States that maintain...

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...

This article suggests a novel concept in climate change law and attorney ethics law by proposing that many states’ attorney ethics laws could be interpreted to require, or at least permit, attorneys to disclose client activity relating to greenhouse gas emissions. Every state has some form of...

This article examines a number of options for regulating seclusion and restraint in Australia in light of international human rights standards and comparative international approaches. While seclusion and restraint can sometimes be beneficial for the protection of individuals, these practices...

This paper will use the criteria outlined in Lavanya Rajamani's article 'Addressing the "Post Kyoto" Stress Disorder: Reflections on the Emerging Legal Architecture of the Climate Regime', as a template to determine how successful the Copenhagen Meeting was in achieving its stated goals. Thus,...

This article suggests that were federal environmental regulators to view themselves as human rights decisionmakers, we might well see a new kind of regulatory decisionmaking emerge — one not only more responsive and transparent, but also more likely to enjoy the trust of the American public....

Currently, there are no adequate mechanisms under international law to balance the competing tensions climate change presents to state sovereignty. On one hand, climate change threatens state sovereignty because the catastrophic loss of life and property of millions of people would deprive...

Planet earth is host to a dazzling variety of living organisms. This diversity of life, or – biodiversity, is vital to the survival and prosperity of humanity, supplying such vital amenities as food, clothing, shelter, natural biochemicals useful in medicine, industry, and agriculture, and...