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Articles
The Indigenous Sustainability Paradox and the Quest for Sustainability in Post-Colonial Societies: Is Indigenous Knowledge All That is Needed?, Bosire Maragia
The Clean Development Mechanism: Does the Current Structure Facilitate Kyoto Protocol Compliance, Mindy G. Nigoff
Sharing Potential and the Potential for Sharing: Open Source Licensing as a Legal and Economic Modality for the Dissemination of Renewal Energy Technology, Jason R. Wiener
Notes
China’s Pollution Victims: Still Seeking a Dependable Remedy, Adam Briggs
A Critical Examination of the Jewish Environmental Law of Bal Tashchit, “Do Not Destroy”, David Nir
Deep Sea Bottom Trawling and the Eastern Tropical Pacific Seascape: A Test Case for Global Action, Anna Vinson
The Indigenous Sustainability Paradox and the Quest for Sustainability in Post-Colonial Societies: Is Indigenous Knowledge All That is Needed?
By Bosire Maragia
Indigenous African societies have, for thousands of years, survived off of and refined under what has seemed to be a sustainable model for development. The Article argues that indigenous knowledge, while a relevant and necessary component in the fight for social, economic, and ecological sustainability in the Third World, is not a panacea for the sustainability dilemma. Three arguments against exclusive reliance on the indigenous knowledge model are posited. First, indigenous knowledge is not a sufficient means to create sustainable development because it does not address the social inequities that resulted in pre-colonial African societies that employed it. Second, the alleged sustainability of the indigenous sustainability model does not match the actual historical record. Third, the indigenous sustainability model overrates its capacity to deal with new complex problems facing the Third World. Though there are big issues with the indigenous sustainability model, the Article does not say that it is without value. Rather it argues that the indigenous sustainability model be incorporated in sustainable development efforts that also use science, technology, and socially equalizing policies.
The Clean Development Mechanism: Does the Current Structure Facilitate Kyoto Protocol Compliance
By Mindy G. Nigoff
The Clean Development Mechanism (CDM) is an arrangement under the Kyoto Protocol that allows industrialized (Annex I) countries to meet their emissions reductions by investing in greener technologies in non-industrialized (non-Annex I) countries and thereby offsetting their excessive emissions. The Article argues that the present structure of the CDM provides little assistance to either Annex I parties or non-Annex I parties in complying with their target emissions under the Kyoto Protocol. First, the Article describes the basic structure of the CDM. Second, it describes the project pipeline for large and small scale CDM projects. Third, the Article uses a case study to show that large-scale projects are not particularly useful for Annex I parties to meet their emissions reduction requirements. Fourth, a case study is used to show that small-scale projects are not particularly useful for Annex I parties in meeting their emissions reduction requirements. While the Article seems to damn the CDM as a failed endeavor it offers redemption through two steps that will reduce transaction costs in order to improve the effectiveness of the CDM.
Sharing Potential and the Potential for Sharing: Open Source Licensing as a Legal and
Economic Modality for the Dissemination of Renewal Energy Technology
ByJason R. Wiener
Software developers coined the term "Open Source" to describe a process whereby the code and structure of programs was made freely availble and adaptable to the public so long as any new adaptation was also made publicly availble. The philosophical underpinning of the Open Source movement is that all great inventions stands on the shoulders of its predecessors and that innovation is not stymied by making it free. The Article applies the Open Source methodology to the transfer of collaborative renewable energy technology because of increasing environmental destruction and the belief that only Open Source will affordably overcome the technological barriers to entry to stop it. The Article first analyzes the legal and economic implications of open source licensing. Next, it synthesizes the legal and economic hurdles interposed by existing technology frameworks. Finally, the Article argues for the non proprietary licensing of renewable energy because it would promote renewable energy economies of scale, reduce the use of non-sustainable energy sources, and equitably and efficiently distribute renewable energy technology.
China's Pollution Victims: Still Seeking a Dependable Remedy
By Adam Briggs
China's growing cities continue to face ever increasing pollution that have thus far been ineffectively dealt with. The Note examines the claim that the dramatic pollution problems China faces can be best remedied by a stronger and more autonomous Chinese legal system. Four potential sources for improved remedial mechanisms for victims of pollution are addressed: first, policy and enforcement from the central government; second, policy and enforcement from local governments; third, influence from other countries and international agreements; fourth, private lawsuits carried out by pollution victims themselves. Based on repeated failure using the first three methods and the recent successes in litigation, the Note concludes that while Plaintiffs might face retributive risks the only really effective measure may be private legal action
A Critical Examination of the Jewish Environmental Law of Bal Tashchit, "Do Not Destroy"
By David Nir
The Note examines the role of the biblical mandate Bal Taschit, or "Do Not Destroy" in Jewish environmental approaches. The author argues that the mandate has been misapplied and misunderstood. The Note begins by analyzing the biblical origins of the "Do Not Destroy" doctrine. Then, the Note examines a variety of ways in which the doctrine has been applied over time to a broad range of activities. Finally, the Note examines applicability of the doctrine to the contemporary world.
Deep Sea Bottom Trawling and the Eastern Tropical Pacific Seascape: A Test Case for Global Action
By Anna Vinson
The deep sea inhabits incredibly biologically diverse sea life, especially on the subterranean mountain ranges known as seamounts. The deep sea accounts for 90% of the ocean and over 50% of the earth’s surface, but remains mostly unstudied. Lately, with increases in technology, this area of the earth has been subjected to steadily growing hazards from a practice known as deep sea trawling. This fishing technique involves dragging heavy metal nets along the ocean floor, leading to devastating effects on the native life forms. Recently, Costa Rica , Panama , Columbia , and Ecuador recently announced they will be cooperatively managing the Eastern Tropical Pacific Seascape, a large oceanic area off the Pacific coast of Latin and South America . This article describes the ecological value of the deep sea, focusing on the unique seamount formations, and traces the practice of deep sea trawling. It goes on to detail past failed efforts to curb or ban the practice. It then focuses on the nature and value of the Eastern Tropical Pacific Seascape in particular, the benefits an embargo on deep sea trawling would have in this area, necessary elements to ensure the effectiveness of an embargo, support for the embargo ranging from international law to treaties, and challenges to implementation. The article argues that imposing a moratorium on deep sea bottom trawling in this area will not only have a positive impact on the biological wellbeing of the area, but will also act as an important test case, potentially encouraging other countries or the United Nations to impose more embargos of this sort. |
