Fundamentalism in Public Health and Safety in Bilateral Investment Treaties (K. Yelpaala)

Author Kojo Yelpaala Keywords Bilateral investment treaties, constitutional rights, fundamental rights, public health and safety, humanrights, environment, prisoner’s dilemma, bilateral unilateralism, jus cogens, arbitrability, indirect expropriation, state responsibility Abstract The goal of this work is to explore, examine and analyze how much of an impact BITs can lawfully have on the choices available to governments […]

Using Eminent Domain Powers to Acquire Private Lands for Protected Area Wildlife…(N. Sifuna)

Author Nixon Sifuna Keywords Compensation, compulsory acquisition, eminent domain, opportunity cost, parks, private lands, protected areas, tourism, wildlife Abstract Under Kenyan law, the provisioning for eminent domain is in the Constitution, as well as in legislation. Exercising these powers, the State may compulsorily acquire private lands, provided the acquisition is for a public good and […]

Finessing King Neptune: Fisheries Management & the Limits of International Law (R. Bratspies)

Author Rebecca Bratspies Keywords Environmental stewardship, mare liberum, ocean, international norms, high seas fisheries Abstract The shared uses of the world’s oceans includes a broad spectrum of activities. Ships routinely navigate off the shores of virtually every coastal nation and their activities run the gamut from fishing to commerce, recreation, navigation, and military activities – […]