Law Commons^™

Environmental Justice Issues And Sea Level Rise In Frontline Communties Along The Gulf Coast, Karla Michel Lopez

Open Access Theses & Dissertations

Sea level rise poses a great threat to coastal areas and our way of life. As flooding increases in frequency and intensity across the country, vulnerable populations become a target to its impacts. The U.S. dedicates much research to risk communication and climate change adaptation strategies; however, these coastal areas are home to a large percentage of underserved and underrepresented communities that can be challenging to meaningfully engage. The impacts of short-term sea level rise combined with long-term sea level rise will not only cause flooding, erosion, and intrusion of saltwater into freshwater resources but also increased financial consequences, such …

Canada's Customary Obligation To Prevent Transboundary Harm And The Reduction Of Emissions, Tyler Hammond

Master of Laws Research Papers Repository

This paper evaluates Canada’s obligations under customary international law to abide by the duty to prevent transboundary harm. The question asked is whether Canada has obligations stemming from the duty of prevention to reduce greenhouse gas emissions? Under the duty, states are required to make a due diligent effort to reduce activities that cause harm in other states. This effort does not necessitate an actual cessation of a particular activity. Therefore, this paper argues that the duty of prevention can be applied in the context of reducing greenhouse gas emissions; hence, Canada is obligated to take the necessary steps to …

Research On Legal Problems In And Countermeasures For Prevention And Control Marine Environment Pollution By Ships, Dapeng Sun

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Associations Between Exposure To Air Pollution After A Dust Event And Hospitalizations., Estrella De Jesus Herrera-Molina

Open Access Theses & Dissertations

The Southwestern region has been identified as one of the most persistent dust producing regions of North America. Exposure to inhalable particulate matter (PM10) originating from desertic landscape during dust events/dust exposures (DEs) can reach hazardous levels. El Paso, Texas’s ambient air has reached hazardous levels of PM10 above 4000 μg/m3 with near zero visibility due to these natural events. There are very few prior studies in the southwestern United States pertaining to the associations between exposure to atmospheric aerosol after DEs and hospitalizations, nor are there many epidemiological studies globally in dusty environments where most of the atmospheric aerosol …

Environmental Rhetoric And An Ecology Of Transcendence: A Rhetorical Criticism Of Awake, A Dream From Standing Rock, Alyssa Kahn

UNLV Theses, Dissertations, Professional Papers, and Capstones

My project blends Burkean theory with Indigenous rhetoric to argue that the counter- story of Awake proposes an ecology of transcendence to make sense of human-nature relationships. I wanted to analyze Awake A Dream From Standing Rock. The documentary is explicitly about Indigenous peoples. This documentary tells the story of the peaceful protests and resistance led by Native people at the Standing Rock Sioux Reservation or Lakota Tribe in North Dakota. The activists were protecting the water otherwise known as water protectors/warriors from the construction of the Dakota Access Pipeline (DAPL). The assembly of DAPL is intended to carry perforated …

Formulación De Lineamientos Para La Evaluación Control Y Seguimiento Ambiental De Los Proyectos Turísticos Especiales De Gran Escala En Colombia, Juliana Andrea Moreno Granados, Luz Angelica Olave Hurtado, Ingrid Dayanna Parra Espinosa

Ingeniería Ambiental y Sanitaria

El presente trabajo de investigación tiene como fin la formulación de lineamientos para la evaluación, control y seguimiento ambiental de los Proyectos Turísticos Especiales de Gran Escala (PTE) en Colombia, para ello la investigación se desarrolló en tres fases. En la primera, el Diagnostico Preliminar, se identificaron las características y requerimientos ambientales exigibles de tres proyectos turísticos en Colombia, estos son: el Parque Nacional del Café (Quindío), Parque Temático Hacienda Nápoles (Antioquia) y Parque Nacional del Chicamocha – PANACHI (Santander) los cuales presentan un impacto socioeconómico y reconocimiento en el sector turístico. En la segunda fase, denominada Evaluación de Lineamientos …

How To Improve Multilateral Environmental Agreements: A Case Study In Balanced Institutional Design Mechanisms In The Climate Change And Ozone Regime, Emma Lee

Honors Theses

With climate change being one of the largest existential threat’s civilizations has ever faced and global cooperation the only conceivable solution, why have the existing MEAs of the climate change regime failed? Moreover, why have MEAs in other environmental regimes, such as the ozone regime, been so much more successful than MEAs in the climate change regime? To investigate this question, I use a theoretical framework of international law and focus on the specific way the institutional design of agreements can yield greater success. I define success in a two-pronged manner which focuses on participation and compliance.

This paper takes …

Putting The Constitutional Horse Before The Cart: Federal Jurisdiction Over Next Generation Environmental Assessment, Anna Johnston

LLM Theses

This thesis explores the extent of federal jurisdiction over a next generation environmental assessment (EA) model proposed by Sinclair, Doelle and Gibson. Examining the jurisprudence and literature, it analyses the scope of federal constitutional authority during the triggering, information-gathering and analysis and decision-making stages of project, strategic and regional assessment. A federal next generation EA law focused on impacts on areas of federal authority could be upheld under various federal constitutional heads of power. Federal jurisdiction is most important at decision-making, and authority to trigger an assessment should be based on the low jurisdictional threshold of reasonable probability of federal …

Responsible Business Conduct In The Extractive Industries: Prospect Of Respecting Women's Human Rights In Ghana, Veronica Dossah

LLM Theses

Business operations in the extractive industries (EI) continue to violate women’s human rights and the environment in the communities in which they operate. In Ghana, existing laws and regulations do not preclude businesses from such violations. This makes it important to reflect on innovative means including soft laws which could encourage companies operating in the EI in Ghana to respect women’s human rights and the environment over and above compliance with national laws and regulations. This thesis examines the problem of land grabbing by EI companies operating in Ghana, the unique negative impacts women in mining communities face as a …

Using Difference-In-Differences Analysis And The Kocyk Geometric Lag Model To Estimate Aspects Of Carbon Tax Effectiveness In Nordic Countries, Kyle Riley

Honors Theses

This paper generally looks at the connections between carbon taxes and carbon emission levels in Nordic countries over a period from the 1960s to the early 2010s. Most of the existing literature on this topic looks at and finds that carbon taxes do have a significant impact upon carbon emissions levels in some countries while not in others. In many countries which have this policy there is not a significant impact that can be seen and there is a discussion as to why this might be the case and what needs to be done to fix these potential issues to …

Establishing State Responsibility In Mitigating Climate Change Under Customary International Law, Vanessa S.W. Tsang

LL.M. Essays & Theses

As acknowledged in the Paris Agreement’s Preamble, climate change is a “common concern of humankind.” To tackle the anthropogenic greenhouse gases (GHGs) at source, State governments played a pivotal role in implementing climate change policies. It thus justifies the approach of looking into the solutions to climate change from a state responsibility perspective. As mentioned by James Crawford, “[a]ny system of law must address the responsibility of its subjects for breaches of their obligations.” The finding of state responsibility in mitigating climate change will complement the treaty-based climate change regime, providing grounds for climate change litigations and policy formulation.

More …

The Politicization And Polarization Of Climate Change, Williamson Grassle

CMC Senior Theses

In the mid to late 20th-century, climate change and other environmental issues were addressed on a bipartisan basis, with Republican politicians like President Richard Nixon and George H.W. Bush supporting and advancing measures to combat climate change. However, since the 1990s, climate change has become increasingly polarized, with significant polarization in the last decade. This paper dives into the causes behind climate change's politicization and polarization and what the future holds for bipartisan agreement by analyzing peer-reviewed articles, campaign contributions, news stories, political archives, and past interviews with climate experts. The analysis finds that the polarization has been driven by …

Indigenous Rights In International Law: A Focus On Extraction In The Arctic, Aine Healey Lawlor

Honors Projects

This paper seeks to evaluate the evolution and future of Indigenous rights in extractive industry on a global scale and uses the Arctic both to explore the complexity of these rights and to provide paths forward in advancing Indigenous self-determination. Indigenous rights lack a strong international foundation and are often dependent upon local and domestic regimes, yet this reality is currently shifting. The state of extraction internationally, particularly in the Arctic, is also facing major uncertainty in the coming decades as demand continues to rise. Indigenous rights and the rules governing extractive industry intersect because much of the world’s remaining …