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Full-Text Articles in Law

The International Maritime Law Response To Climate Change: The Quest For The Shipping Industry's 'Fair Share' Of Ghg Emissions Reduction, Aldo Chircop Nov 2016

The International Maritime Law Response To Climate Change: The Quest For The Shipping Industry's 'Fair Share' Of Ghg Emissions Reduction, Aldo Chircop

Articles, Book Chapters, & Popular Press

This paper discusses the role of international shipping in climate change mitigation, i.e., its emerging contribution to reduce carbon emissions in the wake of the Paris Agreement, 2015 and the expectation that the International Maritime Organization (IMO) will orchestrate the industry's contribution. The adoption of appropriate targets and standards is expected to be a particularly difficult task because of the global and transnational nature of the shipping industry and the difficulty in establishing the basis for a fair contribution for this industry. While considerable progress has been achieved in enhancing technical and operational regulations to improve efficiencies and reduce harmful …


The Paris Agreement: Historic Breakthrough Or High Stakes Experiment?, Meinhard Doelle Jan 2016

The Paris Agreement: Historic Breakthrough Or High Stakes Experiment?, Meinhard Doelle

Articles, Book Chapters, & Popular Press

This article offers an overview of the two key outcomes of the 2015 Paris climate negotiations, the Paris COP decision, and the Paris Agreement. They chart a new course for the UN climate regime that started in earnest in Copenhagen in 2009. The Paris Agreement represents a course away from the top down approach and rigid differentiation among parties reflected in the Kyoto Protocol, toward a bottom up and flexible approach focused on collective long term goals and principles. It represents an approach to reaching these long term goals that is focused on self differentiation, support, transparency and review. The …


Reviewing Implementation & Compliance Under The Paris Climate Agreement: Preliminary Thoughts On Process Design For Articles 13-15, Meinhard Doelle Jan 2016

Reviewing Implementation & Compliance Under The Paris Climate Agreement: Preliminary Thoughts On Process Design For Articles 13-15, Meinhard Doelle

Articles, Book Chapters, & Popular Press

Articles 13 to 15 of the Paris Climate Agreement establish four key elements of an overall cycle of review as part of the pledge and review approach adopted in the Agreement, a technical review of progress reports filed by Parties, a multilateral review of these progress reports, a global stocktake of progress toward the collective long-term goal, and an implementation and compliance mechanism. The design, timing and sequencing of these reviews will have to be negotiated before the Paris Agreement can be fully operationalized. This working paper considers some of the key issues negotiators will have to consider in designing …


Sadly, The Paris Agreement Isn't Nearly Enough, Michael B. Gerrard Jan 2016

Sadly, The Paris Agreement Isn't Nearly Enough, Michael B. Gerrard

Faculty Scholarship

Climate change is a major contributor to migration and displacement. Persistent drought forced as many as 1.5 million Syrian farmers to move to overcrowded cities, contributing to social turmoil and ultimately a civil war that drove hundreds of thousands of people to attempt to cross the Mediterranean into Europe. Drought also worsened refugee crises in the Sahel, the Horn of Africa, and other parts of the continent.


Three Major Developments In International Climate Change Law, Michael B. Gerrard, Edward Mctiernan Jan 2016

Three Major Developments In International Climate Change Law, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

The past month has seen a remarkable set of developments at the international level in controlling greenhouse gas (GHG) emissions – the entry into force of the Paris Climate Agreement, and major new agreements on controlling hydrofluorocarbon emissions and pollution from airplanes. The stunning election of Donald Trump on Tuesday casts the future of some but not all of these efforts into doubt, however.