The Time is Now for U.S. and China to Respond to North Korea

The Time is Now for U.S. and China to Respond to North Korea

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The United States’ decision to heighten sanctions against North Korea is a positive and necessary step in addressing the security threats posed by the regime. However, sanctions alone, irrespective of their severity, will have a limited impact unless China fully cooperates with the endeavor to de-nuclearize the Korean peninsula.

The Bogotá Declaration: A Case Study on Sovereignty, Empire, and the Commons in Outer Space

The Bogotá Declaration: A Case Study on Sovereignty, Empire, and the Commons in Outer Space

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The Bogotá Declaration of 1976, in which a series of equatorial states attempted to resist the Outer Space Treaty of 1967 by claiming sovereignty over geostationary orbit above their territories, presents a unique case that contradicts some assumptions about the use of commons-like regimes to correct asymmetric governance regimes. This case suggests the value of historical scholarship on colonialism and development to ongoing disputes in space law and in other regimes governing extraterritorial domains.

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...