Managing global change for sustainable development: technology,community and multilateral environmental agreements

The purpose of this paper is to consider how international law has sought to mediate between the promotion of environmentally sound technologies and local community participation. It will be suggested that the paradigm of sustainable development presents the most sensible framework through which to consider these issues. The paper will then present three short case studies centred around various aspects of the ongoing implementation of the Rio Conventions, namely the endorsement of sequestration activities within the 1992 UN Framework Convention on Climate Change, the development of an access and benefit sharing framework under the 1992 Convention on Biological Diversity and further encouragement of community participation in the 1994 UN Convention to Combat Desertification. In conclusion, the paper will suggest that community participation must be given comparable status with the promotion of technological advances if long-term success is ever likely to be attained.

Building sustainable free legal advisory systems: Experiences from the history of AI & law

The enthusiasm for artificial intelligence (AI) as a source of solutions to problems is not new. In law, from the early 1980s until at least the early 2000s, considerable work was done on developing ‘legal expert systems.’ As the DataLex project, we participated in those developments, through research and publications, commercial and non-commercial systems, and teaching students application development. This paper commences with a brief account of that work to situate our perspective.The main aim of this paper is an assessment of what might be of value from the experience of the DataLex Project to contemporary use of ‘AI and law’ by free legal advice services, who must necessarily work within funding and other constraints in developing and sustaining such systems. We draw fifteen conclusions from this experience, which we consider are relevant to development of systems for free legal advice services. The desired result, we argue, is the development of integrated legal decision-support systems, not ‘expert systems’ or ‘robot lawyers’. We compare our insights with the approach of the leading recent text in the field, and with a critical review of the field over twenty-five years. We conclude that the approach taken by the DataLex Project, and now applied to free legal advice services, remains consistent with leading work in field of AI and law.The paper concludes with brief suggestions of what are the most desirable improvements to tools and platforms to enable development of free legal advice systems. The objectives of free access to legal information services have much in common with those of free legal advice services. The information resources that free access to law providers (including LIIs) can provide will often be those that free legal advice services will need to use to develop and sustain free legal advisory systems. There is therefore strong potential for valuable collaborations between these two types of services providers.     

Bioethical and legal considerations in increasing the supply of transplantable organs: from UAGA to "Baby Fae"

In the last 35 years, organ transplant technology has advanced greatly. The major problem associated with organ transplantation is organ availability, and not surgery-related mortality. This article examines current organ procurement procedures and technologies, legislative responses to the scarcity of transplantable organs, as well as the psychological barriers to organ donation. Issues of fairness in the allocation of scarce economic and social resources, the role of religion and ethics in organ donation and transplantation decision, and the impact of the media are also considered.     

An appraisal of the legal frameworks for the control of environmental pollution in Nigeria

This article examines Nigeria’s pollution abatement laws. It highlights some of the problems of these laws, as well as other factors hindering the control of environmental pollution in Nigeria. The article suggests a comprehensive review of most pollution abatement laws with a view to entrenching adequate penal sanctions and enhancing the powers of regulatory institutions and also increasing public participation in environmental protection.     

Law reform: in the Commonwealth,in small states and in the Caribbean

This paper first outlines the constitutional methods of law reform in the Commonwealth as a whole, in small states like those of the Caribbean, and in the Caribbean itself. It considers possible ways in which small states, which tend to have especially limited human and financial resources, might still be able to make greater use of independent law reform. The possibilities include the establishment of more Law Reform Agencies (LRAs), and greater regional co‐operation in law reform or even a Regional Law Reform Agency (RLRA). In this regard, it raises several issues for consideration, in its concluding paragraphs.     

Police use of force against drug suspects: Understanding the legal need for policy development

When confronted by the police, drug suspects sometimes attempt to destroy evidence by orally ingesting the contraband in their possession. Police officers have limited time to react before this evidence is destroyed. These conditions raise the question of exactly how much force officers may employ lawfully to prevent the imminent destruction of evidence. If an officer overreacts and uses more force than reasonably necessary to retrieve the drugs, the evidence may be ruled as inadmissible at trial. Furthermore, the application of excessive force may expose the officer and the agency to claims of civil liability for injury or damages. Given the myriad of legal questions arising within this unique context, this paper reviews relevant federal and state case law to assess the legality of various levels of force when resolving such situations. Law enforcement agencies need to develop appropriate policy statements to guide officer behavior during these types of field encounters.     

The European Union in international environmental negotiations: a legal perspective on the internal decision-making process

From an EU point of view, most international environmental agreements are mixed. This means that both the European Community (EC) and its member states are party to the agreement. As the participation of the EC in international negotiations and agreements is properly arranged by the Treaty establishing the European Community, but the EU member states’ participation is not legally organized on the EU level, the internal decision-making process regarding mixed agreements is rather complicated. Insights into this process are needed to understand the representation and the role of the European Union in international environmental negotiations. This article clarifies the legal framework of the EU decision-making process regarding such negotiations.

Critical legal and environmental view on the Ramsar Convention in protection from invasive plant species: an example of the Southern Pannonia region

The emergence and continued expansion of one of the most dangerous causes of biodiversity loss and habitat alteration such as invasive species at some Ramsar wetlands of the Southern Pannonia raise a series of questions of both an environmental as well as a legal character relevant to these fragile ecosystems. The Ramsar Convention provides a set of general instructions and guidelines, but it does not establish an adequate mechanism of sanctions that could be imposed on states or individuals who violate its provisions. Fully aware of the importance of wetlands and their wildlife for a healthy living environment and human welfare, the authors of this paper describe the present conditions of invasive plant species at some Ramsar Sites and briefly analyze the current legal framework for the implementation of the Ramsar Convention. Finally, the authors propose innovative normative solutions that would improve the protection of wetlands and contribute to the suppression and prevention of the presence of invasive species not only in this region, but also worldwide.     

Assumptions of gain preference and choice of action by states in international legislation: From the perspective of international relations

Upon entry into the vision of scholars in international relations, game theory has quickly become an effective approach to analyzing international conflicts and cooperation, and has been broadly adopted by neo-realism and neo-liberalism, which are two dominating aspects in the current theories of international relations. The former argues that the states participating in the game always follow relative gains, hence achieving a pessimistic conclusion on international cooperation, while the latter argues that the states participating in the game always follow absolute gains and deduce an optimistic prospect for international cooperation, which provides a useful way to analyze the confrontation and cooperation of states in international legislative game. Of course, it is aware that gain preference and choice of action by states in international legislative game are also conditioned by other factors.