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Articles 1 - 30 of 106

Full-Text Articles in Law

Remarks, David A. Wirth Jun 2018

Remarks, David A. Wirth

David A. Wirth

No abstract provided.


Keeping The Courthouse Door Open, David A. Wirth May 2018

Keeping The Courthouse Door Open, David A. Wirth

David A. Wirth

No abstract provided.


The World Bank And The Environment, David A. Wirth May 2018

The World Bank And The Environment, David A. Wirth

David A. Wirth

No abstract provided.


Some Reflections On Turtles, Tuna, Dolphin, And Shrimp, David A. Wirth May 2018

Some Reflections On Turtles, Tuna, Dolphin, And Shrimp, David A. Wirth

David A. Wirth

No abstract provided.


Trump’S First Foreign Trip And The Fate Of The Paris Agreement: Reading The Tea Leaves From The G7 And Nato Summits, David Wirth Mar 2018

Trump’S First Foreign Trip And The Fate Of The Paris Agreement: Reading The Tea Leaves From The G7 And Nato Summits, David Wirth

David A. Wirth

No abstract provided.


While Trump Pledges Withdrawal From Paris Agreement On Climate, International Law May Provide A Safety Net, David Wirth Mar 2018

While Trump Pledges Withdrawal From Paris Agreement On Climate, International Law May Provide A Safety Net, David Wirth

David A. Wirth

No abstract provided.


Global Governance Of Climate Change: The Paris Agreement As A New Component Of The Un Climate Regime, David Wirth Mar 2018

Global Governance Of Climate Change: The Paris Agreement As A New Component Of The Un Climate Regime, David Wirth

David A. Wirth

The Paris Agreement, which was adopted in December 2015 and entered into force less than a year later, is the newest instrument to be adopted in the United Nations-sponsored global climate regime. The Paris Agreement takes its place under the 1992 Framework Convention on Climate Change and next to the 1997 Kyoto Protocol and 2012 Doha Amendment. After describing the historical evolution of the UN climate regime employing the tools of international law, this Article explores the structural, institutional, and legal relationships between the new Paris Agreement and the prior development and content of UN-sponsored efforts on climate protection under …


Partnership Advocacy In World Bank Environmental Reform, David A. Wirth Mar 2016

Partnership Advocacy In World Bank Environmental Reform, David A. Wirth

David A. Wirth

No abstract provided.


Cracking The American Climate Negotiators’ Hidden Code: United States Law And The Paris Agreement, David A. Wirth Mar 2016

Cracking The American Climate Negotiators’ Hidden Code: United States Law And The Paris Agreement, David A. Wirth

David A. Wirth

The United States’ position in, and conduct of, the negotiations leading to the Paris Agreement, as with almost all international diplomacy leading to reciprocal international undertakings conducted by that country, reflected not only internal politics, but also the constraints of domestic law. The United States is not unique in this respect, but it is unusual in the extent to, and manner in which, its municipal law constrains the creation of international commitments. This article disaggregates US international and domestic climate policy as it developed prior to the Paris negotiations and analyses how those dynamics played out on the multilateral stage, …


Geographical Indications, Food Safety, And Sustainability Challenges And Opportunities, David A. Wirth Dec 2015

Geographical Indications, Food Safety, And Sustainability Challenges And Opportunities, David A. Wirth

David A. Wirth

This paper examines the legal and policy relationship reinforcement amongst international standards for GIs, food safety standards, and other claims of quality or safety. The paper addresses those relationships within the context of international trade agreements protecting GIs, such as the 1994 TRIPS Agreement, the EU-Canada Comprehensive Economic and Trade Agreement (CETA), and the chapter on intellectual property and geographical indications in the Transatlantic Trade and Investment Partnership (TTIP) currently under negotiation. Trade agreements also discipline food safety measures and non-GI indications of quality or safety such as “organic” and “GMO-free.” Accordingly, the paper also considers the extent to which …


Specific Coverage Issues Implicating Climate Change, David Wirth Nov 2015

Specific Coverage Issues Implicating Climate Change, David Wirth

David A. Wirth

Moderated this panel at the conference "Who Will Pay?: The Public and Private Insurance Implications of Climate Change’s Drastic Challenges."


Moderator, Pope Francis’S Encyclical: An Ethical Summons To Tackle Climate Change, David Wirth Sep 2015

Moderator, Pope Francis’S Encyclical: An Ethical Summons To Tackle Climate Change, David Wirth

David A. Wirth

No abstract provided.


Co-Organizer, Our Common Home: An Ethical Summons To Tackle Climate Change, David Wirth Sep 2015

Co-Organizer, Our Common Home: An Ethical Summons To Tackle Climate Change, David Wirth

David A. Wirth

No abstract provided.


The Environment, David A. Wirth Jul 2015

The Environment, David A. Wirth

David A. Wirth

This chapter surveys settings under the auspices of international organizations and institutions that address the environment and highlights a number of underappreciated structural attributes of international environmental governance. A variety of approaches to treating environment on the multilateral level are categorized, resulting in a typology of both international institutional structures and the diversity of international instruments and policy tools available for promoting substantive international environmental policy. Utilizing examples that are intended to be illustrative of specific aspects of the challenges presented by international environmental policy and law rather than exhaustive, the piece concludes by examining the extent to which form …


The Legal Capacity Of The United States To Accept Internationally Legally Binding Mitigation Targets, David Wirth Apr 2015

The Legal Capacity Of The United States To Accept Internationally Legally Binding Mitigation Targets, David Wirth

David A. Wirth

This was an invited presentation to negotiators of the Paris Agreement on climate change, sponsored by the Government of Belgium at which the Belgian environment minister spoke.  


The International And Domestic Law Of Climate Change: A Binding International Agreement Without The Senate Or Congress?, David A. Wirth Feb 2015

The International And Domestic Law Of Climate Change: A Binding International Agreement Without The Senate Or Congress?, David A. Wirth

David A. Wirth

This Article asserts that neither Senate advice and consent nor new congressional legislation are necessarily conditions precedent to the United States' becoming a party to a binding agreement to be adopted at the 21st Conference of the Parties to the UN Framework Convention on Climate Change, which is to be held in Paris in December 2015. Depending on the form of such an agreement, which is presently under negotiation, the President's Climate Action Plan could provide sufficient domestic legal authority for the conclusion of all or part of such a binding international instrument as an executive agreement, as well as …


Possibilities For A Binding International Agreement On Climate Change: The Us Perspective, David Wirth Jan 2015

Possibilities For A Binding International Agreement On Climate Change: The Us Perspective, David Wirth

David A. Wirth

No abstract provided.


Panelist, New Year’S Renaissance Weekend, David Wirth Dec 2014

Panelist, New Year’S Renaissance Weekend, David Wirth

David A. Wirth

Professor Wirth served as a panelist on panels regarding Crimea, global warming, ISIL, and food safety.


The International And Domestic Law Of Climate Change: A Binding International Agreement Without The Senate Or Congress?, David Wirth Oct 2014

The International And Domestic Law Of Climate Change: A Binding International Agreement Without The Senate Or Congress?, David Wirth

David A. Wirth

No abstract provided.


A Climate Treaty Without Congress, David Wirth Jun 2014

A Climate Treaty Without Congress, David Wirth

David A. Wirth

Contrary to popular belief, approximately 90% of international agreements—including treaties—concluded by the United States are done without submission to the Senate. The President’s commitment to moving forward domestically relying on existing legal authority invites the very real possibility that we needn’t wait for Congress to enact new legislation before concluding legally binding multilateral or bilateral agreements to protect the climate.


Deep Dive: Greenhouse Implications Of Energy Policies Of International Financial Institutions, David Wirth Feb 2014

Deep Dive: Greenhouse Implications Of Energy Policies Of International Financial Institutions, David Wirth

David A. Wirth

No abstract provided.


Panelist: The Globalization Of Environmental Politics, David Wirth Feb 2014

Panelist: The Globalization Of Environmental Politics, David Wirth

David A. Wirth

Invited to participate in Renaissance Weekend conference. Also appeared on panels titled "Deep Dive: Greenhouse Implications of Energy Policies of International Financial Institutions" and "Advice to the President".


Engineering The Climate: Geoengineering As A Challenge To International Governance, David A. Wirth Dec 2013

Engineering The Climate: Geoengineering As A Challenge To International Governance, David A. Wirth

David A. Wirth

The challenge of global climate change has attracted recommendations for remediation from a number of professions, including engineering. The possibilities suggested for “geoengineering” the climate generally fall into one of two categories: (1) carbon capture and storage; and (2) solar radiation management. Specific and often controversial proposals include the aerial dispersion of aerosols, launching reflective gratings into orbit around the Earth, and seeding the oceans with iron filings. These proposals share a number of characteristics, including the following: (1) they can often be undertaken within the territorial jurisdiction of a single state or in areas beyond national jurisdiction; (2) they …


Harmonizing The International And Domestic Law Of Climate Change In The United States: An Executive Agreement On Climate?, David Wirth Sep 2013

Harmonizing The International And Domestic Law Of Climate Change In The United States: An Executive Agreement On Climate?, David Wirth

David A. Wirth

No abstract provided.


How Safe Is That Shrimp? The Food Safety Modernization Act, David Wirth Feb 2013

How Safe Is That Shrimp? The Food Safety Modernization Act, David Wirth

David A. Wirth

No abstract provided.


Book Review, The Law Of Adaptation To Climate Change: U.S. And International Aspects, David Wirth Jan 2013

Book Review, The Law Of Adaptation To Climate Change: U.S. And International Aspects, David Wirth

David A. Wirth

No abstract provided.


A World Of Choices, David Wirth Dec 2012

A World Of Choices, David Wirth

David A. Wirth

In this keynote address, David Wirth identifies fundamental and dynamic attributes of globalisation, examines the need to confront institutional failures and systemic challenges of multilateral governance, and offers some preliminary observations on directions in which global governance might evolve to achieve salutary outcomes that are good for all.


Book Review, Environmental Law And Sustainability After Rio, David Wirth Dec 2012

Book Review, Environmental Law And Sustainability After Rio, David Wirth

David A. Wirth

Review of an accessible collection of essays from around the world, offering insights into legal and political issues surrounding environmental law and sustainability.


Combat Strategies And The Law Of War In The Age Of Terrorism, David Wirth Oct 2012

Combat Strategies And The Law Of War In The Age Of Terrorism, David Wirth

David A. Wirth

Analysis of the need for new rules of engagement and a modified understanding of the law of war as a result of the war on terror


The Transatlantic Gmo Dispute Against The European Communities, David Wirth Sep 2012

The Transatlantic Gmo Dispute Against The European Communities, David Wirth

David A. Wirth

No abstract provided.