The paradox of plenty and its impact on gendered policy

Current international approaches to the link between natural resource wealth and conflict fail to address the root causes of these wars and their gendered dimensions. In this article Eliana Cusato argues that these current approaches uphold a specific image of the relationship between natural resources, war and peace, premised on the so-called ‘resource curse’ theory which has shaped our understanding of the problem of conflict resources and the legal and policy solutions to address it

Abandoned and Derelict Vessels in the Commonwealth: How to Improve Virginia\u27s ADV Program

Vessels abandoned or lost by their owners can get stuck on a shoreline or in a marsh, aimlessly float adrift, or sink in a waterway. As the number of ADVs [abandoned and derelict vessels] increases, efforts to address them similarly intensify. Typically, state government agencies handle most ADVs, and their approaches to ADV control and removal vary widely across jurisdictions. Virginia faces an increasing number of ADVs and can learn from other states to improve its approach. This paper examines the current Virginia ADV program and considers how it can be amended to make it more effective. It then identifies policies from other states’ ADV programs and recommends how some of these policies can be implemented in Virginia to improve its ADV program. This abstract has been adapted from the author\u27s introduction

From Ecocide to Voluntary Remediation Projects: Legal Responses to “Environmental Warfare” in Vietnam and the Spectre of Colonialism

This article examines legal responses to the pervasive legacy of ‘environmental warfare’ during the Vietnam War, most notably the use of Agent Orange and other chemical herbicides. It engages in a historical analysis of the different efforts to establish American accountability under international law, including within the United Nations General Assembly and before American courts, until the more recent United States-funded environmental remediation projects in dioxin contaminated areas and assistance to persons with disabilities. In doing so, the article draws attention to the unaccomplished quest for justice of the Vietnamese people and to some problematic dimensions of legal debates surrounding the environmental and human consequences of the Vietnam conflict. Borrowing insights from the postcolonial critique of international law, it suggests that the ‘dynamics of exclusion’ embedded in the laws of armed conflict may help to explain not only the way in which the war was fought in Vietnam, but also the reaction of the US and legal institutions to its deleterious impacts on humans and ecosystems. Revisiting past and current initiatives to address the effects of ‘environmental warfare’ in Vietnam raises hard questions on the role of international law and remedies vis-a-vis environmental degradation associated with contemporary conflicts in the Global South. It invites also to reflect on unintended consequences of proposals for law reforms that seek to reinforce environmental protection in war-torn countries, while reproducing injustices and discrimination

Slow and Steady Saves the Whales: Preventing Vessel Strikes on Whales in the Santa Barbara Channel

“While in the life the great whale’s body may have been a real terror to his foes, in his death his ghost becomes a powerless panic to a world.” In the past, whales and humans (in boats) fought on the high seas. The humans fought for precious whale oil while the whales fought for their rights not to be murdered and turned into oil. While those days are mostly long gone, whales still face a serious threat of harm from humans in the form of vessel strikes, which is when a whale is struck by a vessel. Vessel strikes are an issue of particular concern off the coast of Central and Southern California, in an area known as the Santa Barbara Channel. The Santa Barbara Channel is a key natural corridor for commercial shipping and whale migration. Unfortunately, whales and commercial vessels come into contact too often and the results of these contacts are typically collisions resulting in the death of the whale. This Note will look at the background of vessel strikes in the Santa Barbara Channel, the current measures taken to prevent them, and how additional steps can be taken to protect whale populations in the area. Although action has recently been taken by the United States government to reduce the frequency of vessel strikes on whales in the Santa Barbara Channel, more action is necessary in order to protect whales. A new plan centered around a mandatory vessel speed restriction zone will help reduce the frequency of vessel strikes on whales in the Santa Barbara Channel. This Note will begin in Part I with a discussion of the background of the Santa Barbara Channel and vessel strikes in the Channel. This section will address the geography of the Santa Barbara Channel and why it is a heavy traffic corridor for ships and marine life. Then, in Part II, this Note will discuss the North Atlantic right whales and what has been done to protect them from vessel strikes on the East Coast. The North Atlantic right whales face similar issues with vessel strikes and there has been a more concentrated effort to reduce the frequency of those vessel strikes than in other areas of the country. This Note will look at the efforts made to protect the North Atlantic right whales as a key corollary for protections that should be applied to the Santa Barbara Channel. Then, in Part III, this Note will discuss the methods currently in place in the Santa Barbara Channel and why those methods are insufficient to properly address the issue of vessel strikes. In Part IV, this Note will discuss a new plan for reducing the frequency of vessel strikes in the Channel. The heart of the proposed plan is a permanent, mandatory vessel speed restriction zone in the Santa Barbara Channel. As part of the discussion of the new plan, this Note will address jurisdiction over the Santa Barbra Channel, enforcement issues, and potential penalties