Current Issue: Volume 55, Number 2

Post-Brexit Uncertainties in UK Environmental Law

Post-Brexit Uncertainties in UK Environmental Law

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On March 29th, 2017, British Prime Minister Theresa May delivered the Article 50 notification that formally initiated the so-called Brexit process, which means that the UK will now have two years to negotiate its withdrawal from the European Union (EU). In addition to leaving EU establishments, like the common market and the jurisdiction of the European Court of Justice, the UK will have to grapple with extricating itself from a system that has shaped its governance for decades. Immediately following the triggering of Article 50, the UK government released a white paper on the proposed “Great Repeal Bill,” which broadly envisions transposing thousands of EU-created regulations into British legislation to maintain some form of continuity and legal certainty, with the idea that the government would revise or repeal aspects of this legislation at a later date.   In particular, the European Union has played a large role in the evolution of environmental law. For example, the EU structure allows common standards across member states for wildlife trafficking, and enables countries to share data on environmental issues.  A parliamentary report found that 80% of environmental law in the UK has been shaped by the EU, which has over 800 pieces of environmental legislation. By leaving the EU, Britain will face four challenges on the environmental law front: first, a loss of funding from EU-level environmental programs; second, in integrating former EU directives that cannot easily be rolled into British law; third, the effect of EU law on UK court interpretations; and finally, devolution, or the delegation of power to local authorities on environmental issues.   First, in addition to losing... read more
The Meaning of Arbitral Tribunal “Consent” in Section 1782 Discovery

The Meaning of Arbitral Tribunal “Consent” in Section 1782 Discovery

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Among those who agree that discovery pursuant to 28 U.S.C. § 1782 is available in international arbitration, there is a general consensus that discovery requests made after the tribunal has been constituted should only be granted if the arbitral tribunal consents to the request. However, there has been little to no discussion over what consent actually means in this context. This blog post is an attempt to (1) highlight the fact that consent lacks a clear definition in this context, and (2) explore how prior Section 1782 case law and the special concerns raised by international arbitration can inform the meaning of consent.

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Philippines’ Recent Proposal to Reinstate Death Penalty:  A Setback to Worldwide Progress Towards the Abolition of Capital Punishment?

Philippines’ Recent Proposal to Reinstate Death Penalty: A Setback to Worldwide Progress Towards the Abolition of Capital Punishment?

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The Philippines House of Representative recently approved a proposal that would reinstate the death penalty for crimes including murder, rape and certain drug offenses. As significant progress toward abolition of capital punishment is observed worldwide, this move by the Philippines may be seen as an unfortunate setback against the general trend worldwide.

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