Jaye Ellis
Biographic Data
| ID | 3986249 |
|---|---|
| NAME | Jaye Ellis |
| GIVEN NAMES | Jaye |
| FAMILY NAME | Ellis |
| SIGNATURE | ELLIS J |
| AFFILIATIONS | McGill University |
| ORCID | 0000-0002-5155-8069 |
| VERIFIED | Yes |
| TOTAL WORKS | 11 |
| TOTAL CITATIONS | 15 |
| WORKS AS AUTHOR | 11 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2002 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 3 |
Forms of Law for the Anthropocene
Rapid, unpredictable ecological changes and the resulting instability that are characteristic of the Anthropocene call for a re-examination of the role of law in governing interactions between humans and ecosystems and facilitating adaptation to ecological change. The scope and scale of environmental change we are experiencing seem to call for a regulatory approach, namely forms of law that are designed to pursue well-defined material objectives,…
Coming to terms with the SDGs
The Sustainable Development Goal’s (SDG) blueprint to global sustainability exemplifies the global governance trend towards the displacement of law by indicators. Indicators purport to produce objective measurement and comparison, a desirable trait for international public authorities that struggle to bolster the legitimacy of environmental and sustainability norms. This paper adopts a pragmatic approach to indicators by taking seriously their li…
Governing through Controversy
Building institutional and procedural bridges between science and policy is a vital role for law. Fundamental to the success of this work is the development of more sophisticated, nuanced understandings of scientific knowledge production than those which are current in legal and policy spheres. In this paper, I consider scientific controversies that have emerged in the field of human and environmental health impacts of endocrine disrupting chemic…
Calculative Practices in International Environmental Governance
The role of calculative practices such as goals and indicators in international environmental governance causes concern among many observers, who view them as promoting a reductivist approach to the non-human world and privileging economic understandings of environmental governance above all others. Yet they possess enormous potential to provide insights into the non-human world that could be of great benefit to governance. This article takes ser…
The King Is Dead, Long Live the King? A Reply to Matthias Goldmann
Matthias and I clearly agree on a great deal: a voluntarist approach to defining public international law is unsatisfactory; any rule of recognition in international law must provide a basis for a link between legality and legitimacy; one of the central contributions that law can make to international society is procedural in nature. However, our respective positions on the utility of a binary distinction between law and not-law have significant …
Extraterritorial Exercise of Jurisdiction for Environmental Protection
Teck v. Pakootas revisits the infamous Trail smelter, which made history in public international law. This more recent case should be set to make history as well, due to the manner in which the issue of extraterritorial exercise of jurisdiction was handled. The substantive result reached in the courts seems fair, reasonable, and appropriate: a notorious polluter, Teck Cominco Metals Inc., is called to account by the United States Environmental Pr…
Shades of Grey
Soft law is often seen as a way to overcome certain problems of legitimacy in international law, notably the weaknesses of a voluntaristic conception of international law's validity. Other perceived benefits of soft law include flexibility, speed of adoption and modification, and even effectiveness. Yet, soft law is seen by others as a threat to law, because it effaces the border between law and politics. This paper explores different approaches …
General Principles and Comparative Law
This article explores the source ‘general principles of international law’ from the point of view of comparative law scholarship. The currently accepted definition of general principles and methodology for identifying such principles are critiqued. The criterion of the representativeness of the major families of legal systems, to which courts and tribunals tend to pay lip service rather than applying rigorously, is meant to anchor general princip…
Overexploitation of a Valuable Resource? New Literature on the Precautionary Principle
The precautionary principle in international law has attracted intense and sustained attention in the last ten to 15 years. It is thus becoming increasingly difficult for authors to make meaningful contributions in this area. Nevertheless, there remain a number of important research questions to be explored or further developed. In this review essay, the author considers four recent works on precaution and examines the extent to which they are ab…
Redistributing the Burden of Scientific Uncertainty
In this article, we use a case study of 2001 Stockholm Convention on Persistent Organic Pollutants (POPs) to examine role of precautionary principle in international environmental law and policy. Our findings indicate that a major function of principle is to redistribute burden of scientific uncertainty. By lowering threshold of evidence of threats to human health or environment required to trigger deliberations about taking action, precautionary…
International Regimes and the Legitimacy of Rules
How, given the absence of a universally shared set of values at the international level, may international rules possessing legitimacy be articulated? That is the question addressed by this article. Those who argue that international normativity enjoys relative independence from power relations or self-interest are confronted with the absence of a value consensus capable of undergirding a true sense of community at the international level and fro…
Shades of Grey
Soft law is often seen as a way to overcome certain problems of legitimacy in international law, notably the weaknesses of a voluntaristic conception of international law's validity. Other perceived benefits of soft law include flexibility, speed of adoption and modification, and even effectiveness. Yet, soft law is seen by others as a threat to law, because it effaces the border between law and politics. This paper explores different approaches …
General Principles and Comparative Law
This article explores the source ‘general principles of international law’ from the point of view of comparative law scholarship. The currently accepted definition of general principles and methodology for identifying such principles are critiqued. The criterion of the representativeness of the major families of legal systems, to which courts and tribunals tend to pay lip service rather than applying rigorously, is meant to anchor general princip…
International Regimes and the Legitimacy of Rules
How, given the absence of a universally shared set of values at the international level, may international rules possessing legitimacy be articulated? That is the question addressed by this article. Those who argue that international normativity enjoys relative independence from power relations or self-interest are confronted with the absence of a value consensus capable of undergirding a true sense of community at the international level and fro…
Calculative Practices in International Environmental Governance
The role of calculative practices such as goals and indicators in international environmental governance causes concern among many observers, who view them as promoting a reductivist approach to the non-human world and privileging economic understandings of environmental governance above all others. Yet they possess enormous potential to provide insights into the non-human world that could be of great benefit to governance. This article takes ser…
Overexploitation of a Valuable Resource? New Literature on the Precautionary Principle
The precautionary principle in international law has attracted intense and sustained attention in the last ten to 15 years. It is thus becoming increasingly difficult for authors to make meaningful contributions in this area. Nevertheless, there remain a number of important research questions to be explored or further developed. In this review essay, the author considers four recent works on precaution and examines the extent to which they are ab…
Extraterritorial Exercise of Jurisdiction for Environmental Protection
Teck v. Pakootas revisits the infamous Trail smelter, which made history in public international law. This more recent case should be set to make history as well, due to the manner in which the issue of extraterritorial exercise of jurisdiction was handled. The substantive result reached in the courts seems fair, reasonable, and appropriate: a notorious polluter, Teck Cominco Metals Inc., is called to account by the United States Environmental Pr…
Redistributing the Burden of Scientific Uncertainty
In this article, we use a case study of 2001 Stockholm Convention on Persistent Organic Pollutants (POPs) to examine role of precautionary principle in international environmental law and policy. Our findings indicate that a major function of principle is to redistribute burden of scientific uncertainty. By lowering threshold of evidence of threats to human health or environment required to trigger deliberations about taking action, precautionary…
International Regimes and the Legitimacy of Rules
How, given the absence of a universally shared set of values at the international level, may international rules possessing legitimacy be articulated? That is the question addressed by this article. Those who argue that international normativity enjoys relative independence from power relations or self-interest are confronted with the absence of a value consensus capable of undergirding a true sense of community at the international level and fro…
Redistributing the Burden of Scientific Uncertainty
In this article, we use a case study of 2001 Stockholm Convention on Persistent Organic Pollutants (POPs) to examine role of precautionary principle in international environmental law and policy. Our findings indicate that a major function of principle is to redistribute burden of scientific uncertainty. By lowering threshold of evidence of threats to human health or environment required to trigger deliberations about taking action, precautionary…
Overexploitation of a Valuable Resource? New Literature on the Precautionary Principle
The precautionary principle in international law has attracted intense and sustained attention in the last ten to 15 years. It is thus becoming increasingly difficult for authors to make meaningful contributions in this area. Nevertheless, there remain a number of important research questions to be explored or further developed. In this review essay, the author considers four recent works on precaution and examines the extent to which they are ab…
General Principles and Comparative Law
This article explores the source ‘general principles of international law’ from the point of view of comparative law scholarship. The currently accepted definition of general principles and methodology for identifying such principles are critiqued. The criterion of the representativeness of the major families of legal systems, to which courts and tribunals tend to pay lip service rather than applying rigorously, is meant to anchor general princip…
The King Is Dead, Long Live the King? A Reply to Matthias Goldmann
Matthias and I clearly agree on a great deal: a voluntarist approach to defining public international law is unsatisfactory; any rule of recognition in international law must provide a basis for a link between legality and legitimacy; one of the central contributions that law can make to international society is procedural in nature. However, our respective positions on the utility of a binary distinction between law and not-law have significant …
Extraterritorial Exercise of Jurisdiction for Environmental Protection
Teck v. Pakootas revisits the infamous Trail smelter, which made history in public international law. This more recent case should be set to make history as well, due to the manner in which the issue of extraterritorial exercise of jurisdiction was handled. The substantive result reached in the courts seems fair, reasonable, and appropriate: a notorious polluter, Teck Cominco Metals Inc., is called to account by the United States Environmental Pr…
Shades of Grey
Soft law is often seen as a way to overcome certain problems of legitimacy in international law, notably the weaknesses of a voluntaristic conception of international law's validity. Other perceived benefits of soft law include flexibility, speed of adoption and modification, and even effectiveness. Yet, soft law is seen by others as a threat to law, because it effaces the border between law and politics. This paper explores different approaches …
Calculative Practices in International Environmental Governance
The role of calculative practices such as goals and indicators in international environmental governance causes concern among many observers, who view them as promoting a reductivist approach to the non-human world and privileging economic understandings of environmental governance above all others. Yet they possess enormous potential to provide insights into the non-human world that could be of great benefit to governance. This article takes ser…
Governing through Controversy
Building institutional and procedural bridges between science and policy is a vital role for law. Fundamental to the success of this work is the development of more sophisticated, nuanced understandings of scientific knowledge production than those which are current in legal and policy spheres. In this paper, I consider scientific controversies that have emerged in the field of human and environmental health impacts of endocrine disrupting chemic…
Coming to terms with the SDGs
The Sustainable Development Goal’s (SDG) blueprint to global sustainability exemplifies the global governance trend towards the displacement of law by indicators. Indicators purport to produce objective measurement and comparison, a desirable trait for international public authorities that struggle to bolster the legitimacy of environmental and sustainability norms. This paper adopts a pragmatic approach to indicators by taking seriously their li…
Forms of Law for the Anthropocene
Rapid, unpredictable ecological changes and the resulting instability that are characteristic of the Anthropocene call for a re-examination of the role of law in governing interactions between humans and ecosystems and facilitating adaptation to ecological change. The scope and scale of environmental change we are experiencing seem to call for a regulatory approach, namely forms of law that are designed to pursue well-defined material objectives,…
Political science (11 works) · Law (8 works) · Law (8 works) · Sociology (8 works) · Environmental law and policy (6 works) · International law (6 works) · Law and economics (6 works) · International Law and Human Rights (4 works) · Legitimacy (4 works) · Politics (4 works)