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Environmental Law

Washington and Lee University School of Law

Climate change mitigation

Publication Year

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Full-Text Articles in Law

Assessing Moral Claims In International Climate Change Negotiations, Yoram Margalioth Jan 2012

Assessing Moral Claims In International Climate Change Negotiations, Yoram Margalioth

Washington and Lee Journal of Energy, Climate, and the Environment

The paper explains the importance of narrowing the gap between developed and developing countries’ perceptions of justice in the climate change context and analyzes the two main ethical claims raised by the developing countries, exposing their major weaknesses and strengths. It then offers the adoption of harmonized carbon taxes and the rejection of Kyoto’s cap-and-trade mitigation scheme, as a way to avoid inevitably unresolved ethical issues.


Cost-Benefit Analysis: Not A Suitable Approach For Evaluating Climate Regulation Policies, Gregory Scott Crespi Jun 2011

Cost-Benefit Analysis: Not A Suitable Approach For Evaluating Climate Regulation Policies, Gregory Scott Crespi

Washington and Lee Journal of Energy, Climate, and the Environment

Cost-benefit analysis is a widely used approach for guiding public sector policy decisions. Given the impetus provided by strong evidence of global warming, numerous scholars are now considering the role that cost-benefit analysis should play, if any, in assessing climate regulation policies, and are offering recommendations as to how this methodology can be better utilized in that context. However, that scholarship invariably overlooks the fact that conventional cost-benefit analyses implicitly embrace the untenable assumption that the genetic identities of future persons are exogenous with regard to the policies being evaluated. The conclusions of such cost-benefit analyses are therefore irrelevant to …


The Improbability Of Meaningful Climate Change Regulation: A Constructivist Understanding Of The Global Commons And The Need For U.S. Leadership, Stacey Valentine Sep 2010

The Improbability Of Meaningful Climate Change Regulation: A Constructivist Understanding Of The Global Commons And The Need For U.S. Leadership, Stacey Valentine

Washington and Lee Journal of Energy, Climate, and the Environment

Climate change is a topic that permeates today’s scientific, political, and social discourse. It is a term that is both widely known and hotly debated across the country and across the globe. While an ever-increasing majority of the scientific and political realms has come to the conclusion that meaningful climate change regulation is necessary to prevent negative repercussions across the globe, there is little consensus on what that regulation should look like or how to bring it about. The nature of greenhouse gases, or GHGs, makes international cooperation a must if the world hopes to prevent and avoid the experts’ …