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Time-Of-Use Pricing Could Help China Manage Demand, Emmett Pepper
Time-Of-Use Pricing Could Help China Manage Demand, Emmett Pepper
PEEL Alumni Scholarship
As China’s middle class continues to grow, it will likely cause additional stress on electricity grids with the increase in use of air conditioning and other electrical appliances. If China implements a real time pricing model soon it could create a regulatory scheme that avoids the problems Western countries encountered in their attempts to manage demand through time-based pricing.
U.S. Climate Change Policy V. International Trade Rules: Complying With Gatt, Tina R. Goel
U.S. Climate Change Policy V. International Trade Rules: Complying With Gatt, Tina R. Goel
PEEL Alumni Scholarship
The Copenhagen negotiations did not result in the global environmental treaty desired by many, but, instead, in plans to reduce greenhouse gas (“GHG”) emissions or carbon intensity from fifty-five nations, including China, India, and the United States. The U.S. pledge, to reduce emissions by seventeen percent, came with a catch: Congressional action. Enacting federal climate change legislation in the United States has been difficult because policymakers fear that increased regulation may place domestic industry at a competitive disadvantage, and that production facilities will relocate, thereby causing carbon leakage—the movement of emissions to a less regulated country—and associated U.S. job losses. …
Fsm Vs. Czech: A New “Standing” For Climate Change?, Paulo A. Lopes
Fsm Vs. Czech: A New “Standing” For Climate Change?, Paulo A. Lopes
PEEL Alumni Scholarship
In 2005, CEZ Power Company (“CEZ”) announced plans to completely rebuild a lignite (brown coal) fired power plant in Prunérˇov, Czech Republic. Shortly before the expected approval of CEZ’s Environmental Impact Assessment (“EIA”), the Federated States of Micronesia (“FSM”) sent two letters to the Czech government. In December 2009, FSM requested the Czech government to conduct a Transboundary EIA, which was followed in January 2010, by an additional request for the government to review the Best Available Technology (“BAT”) on the proposed modernization of the Prunérˇov II plant. FSM’s petition represents the first time that a Non-Member State of the …
Standardization Of Redd Monitoring Technology To Level The Playing Field, Beth Zgoda
Standardization Of Redd Monitoring Technology To Level The Playing Field, Beth Zgoda
PEEL Alumni Scholarship
To meet the goals of the United Nations Framework Convention on Climate Change (“UNFCCC”), the nations of the world must address the approximately seventeen percent of global greenhouse gas emissions from deforestation. Reducing emissions from deforestation and degradation (“REDD”) will require transparent accountability for national mitigation action and effective technology sharing. Remote-sensing technologies—primarily utilizing satellite imagery—are an effective means of monitoring and verifying REDD. Although many developing countries currently lack the capacity to make use of remote-sensing technology, the technology is readily available to governments and non-governmental organizations through software programs that analyze publicly-available data sets produced by existing satellites.
Legal Foundations For Ngo Participation In Climate Treaty Negotiations, Winfield Wilson
Legal Foundations For Ngo Participation In Climate Treaty Negotiations, Winfield Wilson
PEEL Alumni Scholarship
During the Copenhagen climate change negotiations in December 2009, as the talks concluded tensely for government representatives, coalitions of environmental groups were disappointed because their efforts to play a participatory role had been frustrated. The silencing of the nongovernmental organization (“NGO”) perspective runs counter to established international principles of broad participation in multilateral environmental agreements (“MEAs”), and is particularly troubling in light of the global challenge climate change poses to humanity.
Coral Reefs In The Philippines, Mary Stevens
Coral Reefs In The Philippines, Mary Stevens
PEEL Alumni Scholarship
In 1959, petitioner and his fellow corporate associates purchased a waterfront parcel of land in Rhode Island that was primarily a salt marsh plagued by tidal flooding. Over a period of many years, the corporation filed several petitions seeking to develop the land with various government agencies and was consistently denied. In 1971, Rhode Island promulgated regulations designating salt marshes, such as petitioner's, as protected coastal wetlands. In 1978, petitioner became the corporation's sole shareholder and received title for the land. In the 1980's, he applied to the state to fill in his marshland and was rejected based on the …
Practitioner's Corner: Ken Markowitz On Serving As An Environmental Advocate, Kimberly Righter
Practitioner's Corner: Ken Markowitz On Serving As An Environmental Advocate, Kimberly Righter
PEEL Alumni Scholarship
From my past experience with Ken Markowitz, a 1989 graduate of WCL, I characterized him as dedicated to both the profession of environmental law and the school as an alumnus. When I contacted him about doing this interview, he confirmed my past impressions of him, by quickly responding to my invitation with a reply of "any time." Ken seems always willing to help out students despite being extremely busy running his own public interest consulting firm, EarthPace LLC, in Washington DC. Ken's firm advises organizations on using the Web and other emerging technologies to heighten public awareness of earth science …
Precautionary Principle In The International Tribunal For The Law Of The Sea, Yoona Cho
Precautionary Principle In The International Tribunal For The Law Of The Sea, Yoona Cho
PEEL Alumni Scholarship
The World Trade Organization (“WTO”) encourages its members to fully exhaust negotiations and consultations before bringing a case before its Dispute Settlement Body. Indeed, a majority of all WTO disputes are resolved in consultations, allowing its members to gain accountability, “save face,” and preserve sovereignty. The International Tribunal for the Law of the Sea (“ITLOS”), an international environmental dispute resolution body, should follow the lead of the WTO in requiring a pre-dispute consultation period and encouraging its members to resolve differences outside of the Tribunal’s dispute settlement process. Although the WTO sets a fine example in the area of consultations …
Analysis Of Multilateral Agreements, Public- Private Partnerships, And Tax Incentives Driving International Trade In Clean Technology, Alexander C. Hoover
Analysis Of Multilateral Agreements, Public- Private Partnerships, And Tax Incentives Driving International Trade In Clean Technology, Alexander C. Hoover
PEEL Alumni Scholarship
International trade in clean technology is still a nascent market and requires encouragement from multilateral agreements, public-private partnerships, and tax incentives. This article will survey various drivers of North-South and North-North cleantech trade including the Clean Development Mechanism, the Private Financing Advisory Network, and tax incentives, and explore potential issues involved in their implementation.
Mongolia: A Case For Economic Diversification In The Face Of A Changing Climate, Nathan Borgford-Parnell
Mongolia: A Case For Economic Diversification In The Face Of A Changing Climate, Nathan Borgford-Parnell
PEEL Alumni Scholarship
In the past two decades Mongolia has experienced significant environmental changes driven both by human action and climate change. These changes have had considerable detrimental effects on Mongolia’s economy and people. Basic survival in this country of harsh climates requires a careful balance with the environment. Climate change, which may exacerbate climatic extremes, in combination with unsustainable land use practices, have begun to change that balance and reveal Mongolia’s significant environmental vulnerabilities. In response to these changing conditions, the Mongolian government instituted a number of mitigating and adaptive measures to decrease its vulnerability, but without further economic diversification the success …
The World Bank Clean Technology Fund: Friend Or Foe To The Unfccc?, Addie Haughey
The World Bank Clean Technology Fund: Friend Or Foe To The Unfccc?, Addie Haughey
PEEL Alumni Scholarship
In response to the Bali Action Plan’s calls for an expanded international response to climate change, the World Bank created a series of Climate Investment Funds (“CIFs”) to provide “immediate financial resources” to respond to global climate challenge. Since the creation of the funds last year, more than $6 billion has been pledged to CIF programs by donor countries and the CIFs have quickly become leaders in international climate investment, at least in terms dollar amount.
The Food Crisis: A New-Found Momentum To Redefine African Agricultural Policies, Meti Zegeye
The Food Crisis: A New-Found Momentum To Redefine African Agricultural Policies, Meti Zegeye
PEEL Alumni Scholarship
The unprecedented magnitude of the current global food crisis took the world by surprise. Its hardest-hit victim, Sub-Saharan Africa (“SSA”), is in the midst of its worst food crisis in recent history. Immediate responses such as food-aid and cash-handout programs, although necessary to address the urgent humanitarian dimensions of the food crisis, are not long-term solutions. Attaining a sustainable solution to SSA’s reoccurring food crises requires that African governments engage the international community in candid discourses tackling the crisis’ main cause, namely the inherent structural fallacies of these countries’ agricultural policies. The recent food riots and civil unrest that occurred …
Rising Global Food Prices: The Need For Re-Regulating Commodity Futures, Megan S. Chapman
Rising Global Food Prices: The Need For Re-Regulating Commodity Futures, Megan S. Chapman
PEEL Alumni Scholarship
The sharp rise in the price of basic foodstuffs in the last year has impacted consumers around the globe, but the ill effects are disproportionately felt in developing countries. The UN Food and Agriculture Organization (“FAO”) reports seventy-five million more people living below the hunger line in 2007, raising the number of undernourished to 923 million worldwide; these numbers are likely to increase even more sharply in 2008. Food prices for staples such as flour, corn, and rice have risen fifty-two percent on average from 2007 to 2008. In developing countries, where families may spend as much as fifty to …
A Tale Of Two Poles: A Comparative Look At The Legal Regimes In The Arctic And The Antarctic, Erika Lennon
A Tale Of Two Poles: A Comparative Look At The Legal Regimes In The Arctic And The Antarctic, Erika Lennon
PEEL Alumni Scholarship
Currently, the world is in the midst of the International Polar Year, a project to conduct research in the Polar Regions, which has increased focus on the poles. Given the physical manifestations of climate change, for example melting glaciers and ice caps, it appears as though the Antarctic and the Arctic will continue to be regions of concentration and concern. While the Antarctic has a treaty in place to protect it, the Arctic remains vulnerable due to its lack of comprehensive laws to determine a uniform governance system and environmental protections. Moreover, in the Arctic, competition between nations in the …
Mitigating Black Carbon As A Mechanism To Protect The Arctic And Prevent Abrupt Climate Change, Marcel De Armas, Maria Vanko
Mitigating Black Carbon As A Mechanism To Protect The Arctic And Prevent Abrupt Climate Change, Marcel De Armas, Maria Vanko
PEEL Alumni Scholarship
Climate change is impacting the Arctic earlier and more intensely than any other area of the planet. Winter temperatures have increased as much as three-to- four degrees Celsius in the past fifty years and are projected to increase four-to-seven degrees Celsius over land areas and seven-to-ten degrees over the Arctic Ocean by the end of the century. One industry that looks likely to benefit, at least in the short term, from the effects of the diminished Arctic sea ice is shipping.
Can Climate Change Be Good For Greenland? An Arctic Island’S Response To New Development Opportunities, James Mitchell
Can Climate Change Be Good For Greenland? An Arctic Island’S Response To New Development Opportunities, James Mitchell
PEEL Alumni Scholarship
Despite its location, Greenland shares some similarities with the global south. Many of its 60,000 inhabitants subsist at least in part on nature, and its governance status is akin to a colony of a European nation. The government has welcomed the opportunity to establish greater economic independence from Denmark by “developing” Greenland. However, given that black carbon, in the form of soot-laden snow, accounts for about a third of the warming in the Arctic regions, is heavy industry, most of which is foreign-owned, a viable development path?
The Great Thaw: National Security At The Top Of A Melting World, Matthew Padilla
The Great Thaw: National Security At The Top Of A Melting World, Matthew Padilla
PEEL Alumni Scholarship
During the Cold War, the North Atlantic Treaty Organization (“NATO”) sought to contain the Soviet Union’s territorial expansion. After a period of calm, which culminated in the fall of the Soviet Union, the world is once again witness to national claims over disputed territory and resources. In August of 2007, the Russian Federation became the first nation to literally place their flag on and claim the North Pole and the resources that are believed to exist underneath. “The Arctic is Russian” said Artur Chilingarov, a Russian leader of the expedition returning from the thawing pole. To which country the Arctic …
The Forgotten North: Peoples And Lands In Peril, Urusula Kazarian
The Forgotten North: Peoples And Lands In Peril, Urusula Kazarian
PEEL Alumni Scholarship
Arctic indigenous peoples are extremely susceptible to the immediate impacts of climate change. While many indigenous groups face serious battles over rights to land and resources, the Arctic groups face the impending, compounding factor of some of the most drastic impacts from climate change. Their dependence on the integrity of local ecosystems for their survival as autonomous groups makes them even more vulnerable to the melting of ice and permafrost and to the decline of local animal and fish species. This Article provides a broad overview of Arctic countries’ legal relationship to their respective indigenous groups and discusses legal tools …
Preventing Disaster As The Arctic Seas Open For Business, Michael W. Lore
Preventing Disaster As The Arctic Seas Open For Business, Michael W. Lore
PEEL Alumni Scholarship
Vessels navigate freely in the port of Helsinki, Finland this winter as the usually busy icebreakers standby idle. The retreating ice is creating the once-fabled Northwest Passage, allowing goods to travel between Western Europe and Eastern Asia with a 4,000-mile shortcut through the Canadian Arctic. The Russian Northeast Passage is also becoming more accessible, creating a huge potential for increased shipping and fishing traffic throughout the entire Arctic region. As traffic increases, countries with jurisdiction over the Arctic should consider international agreements to protect against catastrophic oil or chemical spills in the region’s fragile ecosystems.
Searching For A Voice: The Indigenous People In Polar Regions, Eunjung Park
Searching For A Voice: The Indigenous People In Polar Regions, Eunjung Park
PEEL Alumni Scholarship
Indigenous people in Arctic observe and experience climate change first-hand. They notice the change in weather and glaciers and notice the changes in the group size or migration routes of certain species affected by climate change. Indigenous people are also a source of traditional knowledge as they have responded to major climatic and environmental changes by altering group sizes, relocating, and being flexible with seasonal cycles in hunting or employment. For example, the Inuit hunters have proved to be capable of identifying the new travel routes of species such as geese and caribou as they shift their migration in response …
The Montreal Protocol Celebrating 20 Years Of Environmental Progress Edited By Donald Kaniaru, Michael Distefano
The Montreal Protocol Celebrating 20 Years Of Environmental Progress Edited By Donald Kaniaru, Michael Distefano
PEEL Alumni Scholarship
The Montreal Protocol stands as one of the most effective environmental treaties ever, and there are many lessons to be learned from its success. The collection of essays in The Montreal Protocol: Celebrating 20 Years of Environmental Progress, edited by Donald Kaniaru, traces the history of the Montreal Protocol, examines the mechanisms and organization which enabled its success, and finally teases out the lessons which can be learned and employed in today’s confrontation with climate change.
Cool It: The Skeptical Environmentalist’S Guide To Global Warming By Bjørn Lomborg, Mary J. Bortscheller
Cool It: The Skeptical Environmentalist’S Guide To Global Warming By Bjørn Lomborg, Mary J. Bortscheller
PEEL Alumni Scholarship
Bjørn Lomborg, a professor at the Copenhagen Business School, is a self-described “skeptical environmentalist.” The Skeptical Environmentalist is also the title of his 2001 book, a controversial volume proposing that, far from deteriorating, the state of the environment is actually improving. The book set off a wave of criticism in Lomborg’s native Denmark, including allegations that his arguments were “scientifically dishonest.” These allegations were later proved false by the Danish Ministry of Science, Technology and Innovation. The firestorm surrounding The Skeptical Environmentalist has not deterred the writer from continuing his pursuit of provocative arguments in the environmental debate in his …
World News, Nathan Borgford-Parnell
World News, Nathan Borgford-Parnell
PEEL Alumni Scholarship
U.S. scientists recently released a report showing that crops in Southern Asia and Africa will likely be the worst affected by climate change. Equally as important, the research showed that the people in these regions utilize the likely affected crops for a majority of their calorie intake, increasing the likelihood of mass-malnutrition and starvation. The most affected crops include millet, groundnuts, rapeseed, and wheat in Asia, and sorghum and maize in Africa. To increase research and investment into developing foods that can withstand climate change, the Gates Foundation has announced that it will grant $19.9 million to the International Rice …
China’S Renewable Energy Law: Not Enough To Overcome China’S Energy And Environmental Problems, Nathan Borgford-Parnell
China’S Renewable Energy Law: Not Enough To Overcome China’S Energy And Environmental Problems, Nathan Borgford-Parnell
PEEL Alumni Scholarship
China’s rapid economic growth over the last two decades has brought numerous environmental problems. Today, China contains seven of the ten most polluted cities in the world and is now the second-largest source of carbon dioxide emissions, behind the United States. China’s new renewable energy law recognizes the looming energy and environmental crisis on the horizon but may not be enough to solve the problem.
Environmental Standards In U.S. Free Trade Agreements: Lessons From Chapter 11, Hena Schommer
Environmental Standards In U.S. Free Trade Agreements: Lessons From Chapter 11, Hena Schommer
PEEL Alumni Scholarship
The U.S. bipartisan trade compromise, concluded on May 10, 2007, was the first to create enforceable labor and environmental standards to be applied to the pending Free Trade Agreements (“FTAs”) with Peru, Panama, Colombia, and Korea. In 1994, the North American Free Trade Agreement (“NAFTA”), signed by the United States, Mexico, and Canada, broke new ground with the mention of sustainable development in its preamble. NAFTA was the first multilateral trade agreement to include environmental protection. While breaking new ground NAFTA also included a problematic clause, Chapter 11, which provides a “right of action to a foreign investor against the …
Global Climate Change And U.S. Law By Michael B. Gerrard, Ed., Erin Overturf
Global Climate Change And U.S. Law By Michael B. Gerrard, Ed., Erin Overturf
PEEL Alumni Scholarship
Because the U.S. has not ratified the Kyoto Protocol, many may see the title Global Climate Change and U.S. Law as an oxymoron. Yet, despite the political stubbornness of the U.S. in the international arena, the law of climate change in the U.S. is vast and fast-changing. This diverse body of law is thoroughly catalogued in Global Climate Change and U.S. Law, edited by Michael B. Gerrard on behalf of the American Bar Association’s Section of Environment, Energy, and Resources. This book provides an overview of all legal regimes and instruments which directly regulate or can be used to regulate …
World News, Addie Haughey, Sarah Melikian, Marcel De Armas
World News, Addie Haughey, Sarah Melikian, Marcel De Armas
PEEL Alumni Scholarship
The South African government recently announced legislation that will end canned hunting, the practice of breeding animals in captivity and then releasing them into an enclosed area to be hunted, virtually guaranteeing a successful hunt. Over 50,000 animals were hunted by nearly 7,000 tourists in the 2003–04 season. In South Africa, the industry generates an estimated half a billion dollars annually. While environmentalists allege the legislation does not do enough, breeders say the law will destroy the hunting industry and they will be forced to slaughter many of the 5,000 captive lions in South Africa, as they can’t afford to …
Energy Law And The Environment By Rosemary Lyster & Adrian Bradbrook, Cambridge University Press, Jon Feldon
Energy Law And The Environment By Rosemary Lyster & Adrian Bradbrook, Cambridge University Press, Jon Feldon
PEEL Alumni Scholarship
As issues such as the depletion of fossil fuels and climate change rise to the forefront of modern international problems, energy law has become increasingly important in the modern world. In Energy Law and the Environment, authors Rosemary Lyster and Adrian Bradbrook paint a detailed picture of where Australia has been, and where it is headed in its efforts to adapt its energy policies to suit the needs of its population, as well as stave off the environmental problems that will result from climate change and current non-sustainable energy practices.
The Forest And The Trees: Biomass And Certification Procedures, Stephen Medlock
The Forest And The Trees: Biomass And Certification Procedures, Stephen Medlock
PEEL Alumni Scholarship
While biomass has the potential to be a sustainable, renewable, and economic source of energy, it has drawbacks that must be managed. For example, biomass production could compete with food production. Cultivation of cash crops to produce biomass energy could also lead to deforestation or the take-over of traditionally indigenous lands by multinational corporations. Furthermore, the trade in biomass fuels crosses state boundaries and is largely the purview of multinational corporations. Hence, states are unable to effectively regulate this trade. Civil society actors, such as international regulatory organizations, have attempted to fill this governance gap by providing incentives for multinational …
Update On The Environmental And Legal Consequences Of The Recent Lebanon-Israel War, Salah Husseini
Update On The Environmental And Legal Consequences Of The Recent Lebanon-Israel War, Salah Husseini
PEEL Alumni Scholarship
The most widely publicized environmental consequence of the war was Israel’s attack on the Jiyyeh power plant, located south of Beirut. A report by the United Nations Environmental Programme (“UNEP”) stated that up to “75,000 cubic met[ers] of heavy fuel oil could have been burned, spilled or leaked into the ground after the Israeli air raids of 13 and 15 July 2006, though the exact amount is still unknown.” The attack resulted in the spill of 15,000 cubic meters of oil, which spread across the Mediterranean coast, reaching the Syrian coastal city of Tartus to the north and Tyre in …