Indiana international and comparative law review最新文献

{"title":"Aquatic Invasive Species and the Evolution of Canadian and U.S. Ballast Water Regulations in the Great Lakes--Rowing in Tandem or Muddying the Waters?","authors":"Cole Atlin","doi":"10.18060/20958","DOIUrl":"https://doi.org/10.18060/20958","url":null,"abstract":"Ballast water released from large ships is a vector for the introduction of aquatic invasive alien species.' The establishment of these foreign plants, animals, and organisms has significant economic and ecological impacts.2 Due to high ship traffic on the St. Lawrence Seaway and the Great Lakes, many bio-invasions have resulted from ballast water release. Since the late 1980s, the United States and Canada have introduced regulations concerning the release of ballast water, evolving from ineffective voluntary guideline measures to more stringent mandatory ones. Both countries took similar, corresponding management measures, until late in the 2000s when the United States applied its Clean Water Act to ballast water release.s The State of New York enforced this new application rigorously, and generated strict regulations.6 Canada vociferously denounced the enhanced regulations. In February 2012, New York decided to discontinue these more stringent ballast water regulations and wait for the enactment of stricter federal ballast regulations. However, if New York had continued to apply a more stringent","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134226244","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Great Lakes Natural Resource Governance Symposium: The Good Governance Watershed","authors":"C. Davis","doi":"10.18060/20955","DOIUrl":"https://doi.org/10.18060/20955","url":null,"abstract":"The Indiana University Robert H. McKinney School of Law's students have done a tremendous service to the region-and the nation, since the Great Lakes hold some 95 percent of the country's fresh surface water-by hosting its symposium on Great Lakes Natural Resource Governance.' In the day-to-day scramble to understand issues, make decisions, implement them, then test those decisions, we do not often get the chance to hit the pause button to ensure this entire system of decisionmaking is working as well as it should. The thinking supporting this symposium is a rare chance to do just that. In close to three decades of doing Great Lakes work, I have seen how it is all too easy to rely on reading a quick headline or focusing on a single issue to judge whether our system of decision-making is effective. But \"good governance\"-the process of making, implementing, and refining our decisions-is not just about a single issue or policy. It is about how tens of millions of people use the Great Lakes every year.","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124449018","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Hydraulic Fracturing and Protections of Freshwater Resources in the Great Lakes State","authors":"N. Schroeck","doi":"10.18060/20960","DOIUrl":"https://doi.org/10.18060/20960","url":null,"abstract":"","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115443134","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"\"If You Can't Measure It, You Can't Manage It\": Transboundary Waters, Good Governance and Data & Information Sharing & Exchange","authors":"R. Paisley, T. Henshaw","doi":"10.18060/20963","DOIUrl":"https://doi.org/10.18060/20963","url":null,"abstract":"","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123428036","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Changing State Water Allocation Laws to Protect the Great Lakes","authors":"J. Dellapenna","doi":"10.18060/20956","DOIUrl":"https://doi.org/10.18060/20956","url":null,"abstract":"The Great Lakes are five of the world's largest freshwater lakes, constituting about 84 percent of the total fresh surface water in North America and about 22 percent of the total fresh surface water on the planet.' Thus the Lakes were long considered an inexhaustible resource.2 Today, some would characterize the Lakes as non-renewable resources because less than 1 percent of the Lakes' waters are renewed annually by precipitation.' The Lakes today face serious challenges from pollution,4 invasive species,' wetland loss, 6 climate disruption,' and declining lake levels.8 The Lakes","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125137432","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Hydropower: Time for a Small Makeover","authors":"G. Warren","doi":"10.18060/20964","DOIUrl":"https://doi.org/10.18060/20964","url":null,"abstract":"Hydropower currently generates approximately eight percent of the electricity in the United States. It is the most abundant, most efficient and least expensive source of renewable electricity generation on earth. Yet, when most people think of hydropower they think of huge dams, dead fish and a destroyed environment. Unfortunately, this perception has on too many occasions been a reality. Hydropower needs a new PR department. It is time for a “small” makeover. To embrace the full potential of sustainable hydropower, investors and regulatory agencies must look to develop small, localized facilities on existing infrastructure. Unlike large conventional hydropower, small and low flow hydropower facilities require less water flow and can be placed in conduits, canals, locks, and other areas that are less affected by climate change decreases in river levels. The environmental impact of small hydropower is generally minimal. It diverts less water, and does not require creation of dams and reservoirs. Furthermore, small hydropower can be developed near populated areas (especially if located on existing infrastructure), which makes it a valuable distributed generation energy source. Utilization of distributed generation has several advantages over centralized generation. Distributed generation is generally cost-efficient and environmentally-friendly because it takes up very little space and requires little to no construction of transmission and distribution systems. It is also less susceptible to blackout and damage as a result of storms, which are becoming more frequent and severe due to a changing climate.In addition to guidance on locating the small facilities, regulatory agencies should continue to take steps to allow a more streamlined licensing scheme for small hydropower. The current licensing scheme requires – with few exceptions – that small projects undergo the same complex licensing process as large projects such as construct of another Hoover Dam. The process is expensive – costing several times that of the technology itself. The process is time-consuming – often taking up to five years to complete. It requires multiple levels of consultation – often with dozens of parties. And, all of this must occur prior to issuance of a license to operate. Recently, the federal government and some states have taken steps to make the process more efficient; however, more can and should be done.","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122397818","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Citizen Judges in Japan: A Report Card for the Initial Three Years","authors":"Antoinette Plogstedt","doi":"10.18060/17883","DOIUrl":"https://doi.org/10.18060/17883","url":null,"abstract":"In 2009, Japan implemented its first post-war criminal jury system, which is currently awaiting its three year review. Japanese mixed juries (saiban-in) consist of judges and lay citizens who jointly decide guilt and sentencing in serious cases by a majority vote. The Accused may not waive the right to a jury trial; prosecutors may appeal acquittals; and jurors are precluded from ever disclosing deliberations. In previous literature, scholars have criticized the use of mixed courts, prosecutor appeals, and juror confidentiality, and have offered suggestions to basically Americanize the Japanese juries. To the contrary, this Article explains, from a unique vantage point, that the Japanese jury system be expanded to cover additional criminal offenses; that the Accused remain prohibited from waiving the right to a jury trial; that prosecutor appeals should end; and that juror deliberations remain confidential. This Article’s most critical recommendation is that the Japanese promulgate rules requiring that lay citizen jurors deliberate and vote separately from the judges, with all votes combined to determine the majority jury vote.","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124669001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Customary International Law and International Human Rights Law: A Proposal for the Expansion of the Alien Tort Statute","authors":"A. Lowe","doi":"10.18060/17886","DOIUrl":"https://doi.org/10.18060/17886","url":null,"abstract":"Human rights, by definition, belong to all people equally, inalienably, and universally.' A being is either human or not human, and if it is human, it possesses the same rights as all other humans.2 Furthermore, once a being is human, it cannot cease being human.3 Therefore, human rights cannot be taken away from any person.4 Even so, these rights, despite their universality and inalienability, are sometimes violated by the conduct of governments, corporations, and private individuals. Various international laws and conventions have been developed to address and prevent human rights violations.s Members of the international community-States themselves-must, and do, play an important role in both developing and enforcing international human rights laws.6 In the United States, an important vehicle used to adjudicate international human rights claims is the Alien Tort Statute (ATS), also known as the Alien Tort Claims Act.7 The ATS is a statute that allows US federal courts to hear cases brought by foreign plaintiffs alleging various torts committed outside of the United States.8 Today, most of the cases brought under the statute involve alleged human rights violations.9 This Note begins with a brief history of the Alien Tort Statute and an examination of its purpose, jurisdictional requirements, and scope. The Note then examines the subject of customary international law (CL). The Note explores the ways courts determine whether a practice violates customary international law in the context of ATS cases and the relationship between human rights norms and customary international law.","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133838184","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Legalization of Industrial Hemp and What it Could Mean for Indiana's Biofuel Industry","authors":"N. Keller","doi":"10.18060/17887","DOIUrl":"https://doi.org/10.18060/17887","url":null,"abstract":"Over thirty countries around the world have a legal industrial hemp industry; the United States is not one of them.' Each of these countries have realized the amazing potential of this one plant as an efficient input source for many industries including, but not limited to, food products, cosmetics, paper, automotive parts, clothing, and biofuel.2 These industries provide a steady source of income and thousands of jobs for people all over the world.3 The use of hemp as the primary input makes the processes and resulting products environmentally safe and even beneficial.4 In the United States, countless studies have shown the benefits of hemp.5 Many states have conducted their own feasibility studies examining what hemp can do for them. 6 In this time of economic turmoil and budget deficits, states are looking for ways to diversify and expand their current industries. They are also looking for cheaper, smarter, more environmentally friendly ways to produce products in their current industries. Some states are finding that industrial hemp offers an answer.' The production of industrial hemp products is a new industry in itself.8 Additionally, industrial hemp can help replace, and possibly eliminate, the need for limited resource inputs in the","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126746857","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"(Fly) Anywhere But Here: Approaching EU-US Dialogue Concerning PNR in the Era of Lisbon","authors":"Douglas Louks","doi":"10.18060/17885","DOIUrl":"https://doi.org/10.18060/17885","url":null,"abstract":"On September 11, 2001, nineteen terrorists boarded four planes in Newark, Boston, and Washington D.C. all headed to the west coast of the United States Shortly after takeoff, the terrorists onboard the planes subdued, by use of force, the flight attendants and pilots, thereby commandeering control of the aircraft.2 On each plane was one terrorist trained to fly commercial aircraft. Once in control, these terrorist-pilots took their aim for an attack at the heart of the American financial, government, and defense centers. Three of the aircraft hit their marks, successfully crashing, full of fuel, into World Trade Center 1 and 2 (The Twin Towers) in New York City and the Pentagon in Washington D.C. while the fourth, presumably aimed at the Capitol Building or the White House in Washington D.C., crashed in a field in Pennsylvania. This single, intricate, and irreprehensible plan of terror carried out by Al Qaeda minions forever changed the landscape of our nation and the world. Specifically, the interplay between the right to privacy and national security, including the War on Terror, came into the crosshairs of the American government which took action thereby foisting US ideas of security upon those with whom it interacted.","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132620504","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}