The Climate Change Regime: An Enviro-Economic Problem and International Administrative Law in the Making

The climate change problem, or global warming, has gained a prominent place on the international political agenda, since the mid-1980s, when it first attracted political attention. The problem was initially perceived mainly as an environmental problem that could be resolved by technological solutions, its current perception, this essay argues, is best characterized as that of an enviro-economic problem. A perception that is exemplified by the ongoing negotiations for the development of economic mechanisms to tackle the problem. The climate change arena is a complex one, involving dichotomies between developed and developing countries, between fossil fuel producing and importing countries and between small island developing states and other states. This essay outlines the interests that play a role in the climate change negotiations and discusses the international climate change regime as contained in the United Nations Framework Convention on Climate Change and its Kyoto Protocol. It concludes that the climate change negotiations are complicated by the fact that the negotiators, in addition to developing new substantive rules for a complex problem, are involved in developing new systemic rules for the international legal system. These new systemic rules have more in common with rules of national systems of public or administrative law than with traditional rules of international law, which have many similarities with national systems of contract law.     

From protectionism towards neoliberalism: Ecuador across four administrations (1981–1996)

Ecuador since 1980 illustrates many features of Latin America’s neoliberal transsition. Ecuador shifted from a state-oriented development model and towards a neoliberal approach across four ideologically-diverse administrations. Although the four presidents implemented reforms inconsistently, they have reoriented the country’s development strategy towards neoliberalism. Four contextual factors explain this sustained transition: (1) financial problems, (2) global ideological factors, (3) a perceived lack of alternatives, and (4) weakness of popular opposition. These factors are mutually reinforcing and each need not bear directly on each decision for neoliberal reforms to be chosen. Their combined force sustains the neoliberal transition despite considerable negative social and economic effects. [There is a] change in ideas, a change in reality, an ideological change produced in the world… that discredits socialism, that discredits statism, that discredits interventionism that discredits formal economic planning, and as a consequence liquidates the Latin American model of economic growth, which while not socialist, has had many of [socialism’s] elements. And [this change] legitimizes the conservative revolution of Reagan and Thatcher, and legitimizes another economic model that is based on market force —Osvaldo Hurtado, Ecuadoran President 1981–1984, founder of the left-of-center Democracia Popular party, and founding member of Socialist International; speaking in 1994     

The Netherlands and a Century of International Environmental Law

Netherlands International Law Review -     

The woman in the moon: Women's studies and the academy

This paper argues that Women's Studies has received a ‘bad feminist press’, and out of my experience as a ‘student’ on a part-time MA in Women's Studies at the University of Kent I want to encourage a more positive reappraisal of the relationship between feminism and the academy. It is therefore neither an apologia nor a eulogy; instead it seeks to show something of the complexity and tension involved in feminist intellectual work in an elitist environment; at the same time it is a firm statement of the value of being there, making the revolution, bringing the ‘woman in the moon’ down to earth as well as endorsing her visionary and inspiring example.