Summary: This article explains how environmental activists endeavored to convince the U.S. Supreme Court to reform U.S. federal environmental regulatory law 'from the bench' by incorporating at least one of three different applications of Europe's precautionary principle within its recent 2008 decision in NRDC v. Winter.
Summary: This article discusses how, while the debate continues over whether the U.S. will accede to the UNCLOS, Congress and the Executive Branch are quietly working to inject UNCLOS environmental principles into U.S. law.
Washington Legal Foundation Critical Legal Issues Working Paper Series
Summary: This article identifies how France is working to export the main tenets of its civil law system of 'preventive justice' throughout global commerce to 'change' international law and the Anglo-American free enterprise system.
Summary: This article is intended to prompt the U.S. Congress to hold open, transparent and substantive public hearings to discuss, evaluate and explain the significant environmental regulatory and judicial enforcement aspects of the UNCLOS before that treaty is submitted to the full U.S. Senate for a vote of accession. Congressional hearings to-date have inadequately addressed these issues.