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- Publications (4)
- Columbia Center on Sustainable Investment Staff Publications (3)
- Elisabeth Haub School of Law Faculty Publications (3)
- Articles (2)
- Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13) (2)
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- Faculty Scholarship (2)
- Scholarly Works (2)
- Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13) (2)
- A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11) (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Elisabeth Haub School of Law Student Publications (1)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (1)
- Free, Prior and Informed Consent: Pathways for a New Millennium (November 1) (1)
- Law Faculty Publications (1)
- New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13) (1)
- Proceedings of the Sino-American Conference on Environmental Law (August 16) (1)
- Scholarship@WashULaw (1)
- Vanderbilt Law School Faculty Publications (1)
Articles 1 - 30 of 30
Full-Text Articles in Law
Briefing Note: Aligning International Investment Agreements With The Sustainable Development Goals, Lise Johnson, Lisa E. Sachs, Nathan Lobel
Briefing Note: Aligning International Investment Agreements With The Sustainable Development Goals, Lise Johnson, Lisa E. Sachs, Nathan Lobel
Columbia Center on Sustainable Investment Staff Publications
Policy makers and other stakeholders are currently asking fundamental questions about whether and to what extent international investment agreements (IIAs) are consistent with and are helping to advance sustainable development objectives at home and abroad.
A 2019 paper from CCSI examines the alignment of IIAs with the 2030 Sustainable Development Agenda, arguing that while FDI will play an important role in advancing development outcomes, existing treaties must be reformed and future IIAs reimagined in order to achieve deep alignment with the sustainable development goals.
The paper proposes that IIAs should be designed and evaluated with respect to their ability to …
Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11)
Conference held at the University of Colorado, Wolf Law Building, Wittemyer Courtroom, Thursday, March 10th and Friday, March 11th, 2016.
Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, William Boyd, Kristen Carpenter, Britt Banks, Harold Bruff, Richard Collins, Carla Fredericks, Mark Squillace, and Charles Wilkinson
"We celebrate the work of Distinguished Professor Charles Wilkinson, a prolific and passionate writer, teacher, and advocate for the people and places of the West. Charles's influence extends beyond place, yet his work has always originated in a deep love of and commitment to particular places. We …
Land Deal Dilemmas: Grievances, Human Rights, And Investor Protections, Kaitlin Y. Cordes, Lise Johnson, Sam Szoke-Burke
Land Deal Dilemmas: Grievances, Human Rights, And Investor Protections, Kaitlin Y. Cordes, Lise Johnson, Sam Szoke-Burke
Columbia Center on Sustainable Investment Staff Publications
Land-based investments can create significant grievances for local individuals or communities, and host governments seeking to address those grievances must navigate a complicated landscape of legal obligations and pragmatic considerations. This report, funded by UK aid from the Department for International Development, focuses on practical solutions for governments confronting grievances that arise from large-scale investments in agricultural or forestry projects.
The report considers such solutions in the context of governments’ legal obligations, particularly those imposed by international investment law, international human rights law, and investor-state contracts. Understanding the implications of this diverse range of legal obligations is particularly important in …
Land Deals And The Law: Grievances, Human Rights, And Investor Protections, Kaitlin Y. Cordes, Lise Johnson, Sam Szoke-Burke
Land Deals And The Law: Grievances, Human Rights, And Investor Protections, Kaitlin Y. Cordes, Lise Johnson, Sam Szoke-Burke
Columbia Center on Sustainable Investment Staff Publications
Land-based investments can create significant grievances for local individuals or communities, and host governments seeking to address those grievances must navigate a complicated landscape of legal obligations and pragmatic considerations. This briefing note, funded by UK aid from the Department for International Development, focuses on practical solutions for governments confronting grievances that arise from large-scale investments in agricultural or forestry projects. It accompanies a more in depth report on similar issues, entitled "Land Deal Dilemmas: Grievances, Human rights, and Investor Protections."
The briefing note considers such solutions in the context of governments’ legal obligations, particularly those imposed by international investment …
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: • United States and France Sign Agreement to Compensate Holocaust Victims • United States Conducts Naval Operation Within Twelve Nautical Miles of Spratly Islands in the South China Sea, Prompting Protests from China • United States Pursues Bilateral and Multilateral Initiatives in and Around the Arctic
From Contract To Legislation: The Logic Of Modern International Lawmaking, Timothy L. Meyer
From Contract To Legislation: The Logic Of Modern International Lawmaking, Timothy L. Meyer
Scholarly Works
The future of international lawmaking is in peril. Both trade and climate negotiations have failed to produce a multilateral agreement since the mid-1990s, while the U.N. Security Council has been unable to comprehensively respond to the humanitarian crisis in Syria. In response to multilateralism’s retreat, many prominent commentators have called for international institutions to be given the power to bind holdout states — often rising or reluctant powers such as China and the United States — without their consent. In short, these proposals envision international law traveling the road taken by federal systems such as the United States and the …
Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program
Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program
Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)
Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities …
Persuasion Treaties, Melinda (M.J.) Durkee
Persuasion Treaties, Melinda (M.J.) Durkee
Scholarship@WashULaw
All treaties formalize promises made by national parties. Yet there is a fundamental difference between two kinds of treaty promise. This difference divides all treaties into two categories: treaties that govern the behavior of state parties and their agents fall in one category; treaties in the second category—those I call “persuasion” treaties—commit state parties to changing the behavior of non-state actors as well. The difference is important because the compliance problems for the two sets of treaties sharply diverge. Persuasion treaties merit our systematic attention because they are both theoretically and practically significant. In areas such as international environmental affairs, …
Agenda: Drafting Model Laws On Indoor Pollution For Developing And Developed Nations, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Natural Resources, Energy And Environmental Law Review
Agenda: Drafting Model Laws On Indoor Pollution For Developing And Developed Nations, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Natural Resources, Energy And Environmental Law Review
Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)
On July 12 and 13, 2012, experts convened at Colorado Law to demonstrate the extent to which a model law could help address the global problem of indoor air pollution from inefficient cook stoves. The air pollution that results from inefficiently burning biomass as fuel for cooking has serious health and climatic consequences. The workshop produced two sets of Model Laws and commentaries to help nations solve the problem, and the commentaries were published in the Colorado Natural Resources, Energy, and Environmental Law Review.
Drafting Model Laws On Indoor Pollution For Developing And Developed Nations Workshop, July 12-13, 2012, Boulder, Colorado: Introduction, Lakshman Guruswamy
Drafting Model Laws On Indoor Pollution For Developing And Developed Nations Workshop, July 12-13, 2012, Boulder, Colorado: Introduction, Lakshman Guruswamy
Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)
11 pages.
"This Essay introduces the framework for deliberation and legislative drafting undertaken at the workshop: Drafting Model Laws on Indoor Pollution for Developing and Developed Nations on July 12-13, 2012, in Boulder, Colorado. There are a number of fundamental premises upon which the workshop was based, and this Essay refers to the most salient among them."-- Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 319 (2013).
Reclaiming Global Environmental Leadership: Why The United States Should Ratify Ten Pending Environmental Treaties, Noah M. Sachs
Reclaiming Global Environmental Leadership: Why The United States Should Ratify Ten Pending Environmental Treaties, Noah M. Sachs
Law Faculty Publications
For more than a century, the United States has taken the lead in organizing international responses to international environmental problems. The long list of environmental agreements spearheaded by the United States extends from early treaties with Canada and Mexico on boundary waters and migratory birds to global agreements restricting trade in endangered species and protecting against ozone depletion.
In the last two decades, however, U.S. environmental leadership has faltered. The best known example is the lack of an effective response to climate change, underscored by the U.S. decision not to join the Kyoto Protocol. But that is not the only …
Power, Exit Costs, And Renegotiation In International Law, Timothy L. Meyer
Power, Exit Costs, And Renegotiation In International Law, Timothy L. Meyer
Scholarly Works
Scholars have long understood that the instability of power has ramifications for compliance with international law. Scholars have not, however, focused on how states’ expectations about shifting power affect the initial design of international agreements. In this paper, I integrate shifting power into an analysis of the initial design of both the formal and substantive aspects of agreements. I argue that a state expecting to become more powerful over time incurs an opportunity cost by agreeing to formal provisions that raise the cost of exiting an agreement. Exit costs - which promote the stability of legal rules - have distributional …
Power, Exit Costs, And Renegotiation In International Law, Timothy Meyer
Power, Exit Costs, And Renegotiation In International Law, Timothy Meyer
Vanderbilt Law School Faculty Publications
Scholars have long understood that the instability of power has ramifications for compliance with international law. Scholars have not, however, focused on how states’ expectations about shifting power affect the initial design of international agreements. In this paper, I integrate shifting power into an analysis of the initial design of both the formal and substantive aspects of agreements. I argue that a state expecting to become more powerful over time incurs an opportunity cost by agreeing to formal provisions that raise the cost of exiting an agreement. Exit costs - which promote the stability of legal rules - have distributional …
Seeing The Forest For The Treaties - Evolving Debates On Cdm Forest And Forestry Project Activities 10 Years After The Kyoto Protocol, Romulo Sampaio
Seeing The Forest For The Treaties - Evolving Debates On Cdm Forest And Forestry Project Activities 10 Years After The Kyoto Protocol, Romulo Sampaio
Elisabeth Haub School of Law Student Publications
No abstract provided.
Judging Treaties, Lakshman Guruswamy
The Nature And Enforcement Of Investor Rights Under Investment Treaties: Do Investment Treaties Have A Bright Future, Susan Franck
The Nature And Enforcement Of Investor Rights Under Investment Treaties: Do Investment Treaties Have A Bright Future, Susan Franck
Articles in Law Reviews & Other Academic Journals
The number of investment treaties has surged in the past decade. Even now, the United States and Canada are actively engaged in programs designed to facilitate the completion of multilateral treaties such as the Dominican Republic-Central American Free Trade Agreement (CAFTA-DR) and Bilateral Investment Treaties (BITs). These investment treaties act like economic bills of rights, which grant foreign investors substantive protections and procedural rights to facilitate investment. Sovereigns, meanwhile, may benefit from these treaties by obtaining increased foreign direct investment, which may promote the development of their country's infrastructure 6 and offer citizens basic services including access to clean water, …
Judicial Regrets And The Case Of The Cushman Dam, William H. Rodgers, Jr.
Judicial Regrets And The Case Of The Cushman Dam, William H. Rodgers, Jr.
Articles
This essay is a criticism of the Ninth Circuit's en banc decision in Skokomish Indian Tribe v. United States [401 F.3d 979 (9th Cir. 2005]. It finds particular fault with the court's understanding of Indian treaty rights as "something given," and its outlandish conclusion that fishing was not a "primary purpose" of the Stevens treaties.
The article further criticizes the court's treatment of the "continuing nuisance" doctrine that is applied to afford a statute of limitations defense to enterprises that did lasting environmental damage by diverting the entire North Fork of the Skokomish River out of the watershed.
It concludes …
Energy, Environment & Sustainable Development, Lakshman D. Guruswamy
Energy, Environment & Sustainable Development, Lakshman D. Guruswamy
Publications
No abstract provided.
Harnessing The Treaty Power In Support Of Environmental Regulation Of Activities That Don't "Substantially Affect Interstate Commerce", Katrina Fischer Kuh
Harnessing The Treaty Power In Support Of Environmental Regulation Of Activities That Don't "Substantially Affect Interstate Commerce", Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
This Article proposes a framework for applying the treaty power that would accomplish the goal of environmental regulation. This framework would be applied where the President has signed, and Congress has ratified, a treaty and Congress has enacted domestic legislation in some way satisfying the goals or requirements of the treaty. Under this framework, the inquiry into whether the treaty power could appropriately be used by Congress in excess of its Article I, Commerce Clause powers would be indexed to the strength of (1) the contract-like nexus between the necessarily reciprocal requirements and the goals of the treaty and the …
Ecocide And Genocide In Iraq: International Law, The Marsh Arabs, And Environmental Damage In Non-International Conflicts, Aaron Schwabach
Ecocide And Genocide In Iraq: International Law, The Marsh Arabs, And Environmental Damage In Non-International Conflicts, Aaron Schwabach
Faculty Scholarship
No abstract provided.
Conference Summary: Water, Climate And Uncertainty: Implications For Western Water Law, Policy, And Management, Steve Bailey
Conference Summary: Water, Climate And Uncertainty: Implications For Western Water Law, Policy, And Management, Steve Bailey
Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)
7 pages.
"Steve Bailey, National Center for Atmospheric Research"
Either/Or? Will Climate Change Force A Choice Between Salmon And Electricity In The Northwest?, John M. Volkman
Either/Or? Will Climate Change Force A Choice Between Salmon And Electricity In The Northwest?, John M. Volkman
Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)
12 pages and 16 slides
Includes bibliographical references
"John M. Volkman, Partner, Stoel Rives LLP, Portland, Oregon"
Enforcing Environmental Norms: Diplomatic And Judicial Approaches, Nicholas A. Robinson
Enforcing Environmental Norms: Diplomatic And Judicial Approaches, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Environmental norms are observed because they are norms about how people respect each other and the natural systems that sustain human communities. Environmental norms are basic to human well-being. They arise out of the human condition, not unlike human rights laws. Environmental norms emerge from the fact that humans exist within ecosystems, and human society is embedded in the natural systems in which they have evolved; environmental norms are grounded in an objective reality, and scientists can measure the consequences of observing--or failing to observe--those norms. The provisions of environmental norms, therefore, exist not merely as pronouncements of governments, applied …
Legal Issues Presented By A Pilot International Greenhouse Gas (Ghg) Trading System, Jonathan B. Wiener, Richard B. Stewart, Philippe Sands
Legal Issues Presented By A Pilot International Greenhouse Gas (Ghg) Trading System, Jonathan B. Wiener, Richard B. Stewart, Philippe Sands
Faculty Scholarship
No abstract provided.
Global Warming: A Comprehensive Approach, Lakshman Guruswamy
Global Warming: A Comprehensive Approach, Lakshman Guruswamy
Publications
No abstract provided.
A True Comprehensive Approach, Lakshman Guruswamy
International Environmental Issues [Outline], Zheng-Kang Cheng, Daniel Magraw
International Environmental Issues [Outline], Zheng-Kang Cheng, Daniel Magraw
New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)
2 pages.
The U.S. - U.S.S.R. Agreement To Protect The Environment: 15 Years Of Cooperation, Nicholas A. Robinson
The U.S. - U.S.S.R. Agreement To Protect The Environment: 15 Years Of Cooperation, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This Article will discuss the origins and operation of the Environmental Bilateral, its functioning in international law, and its contribution to environmental law in each country.
International Law And The Environment, Daniel Barstow Magraw
International Law And The Environment, Daniel Barstow Magraw
Proceedings of the Sino-American Conference on Environmental Law (August 16)
18 pages.
Contains 3 pages of references.
Agenda: External Development Affecting The National Parks: Preserving "The Best Idea We Ever Had", University Of Colorado Boulder. Natural Resources Law Center
Agenda: External Development Affecting The National Parks: Preserving "The Best Idea We Ever Had", University Of Colorado Boulder. Natural Resources Law Center
External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)
Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell and Daniel Magraw.
The conference will be held at the Aspen Lodge, adjacent to Rocky Mountain National Park near Estes Park, Colorado.
It was Wallace Stegner who called the national parks "the best idea we ever had." The continuing increases in usage attest to their popularity. National parks are created to preserve areas of special scenic and cultural value for enjoyment and use. Managing the parks in a manner that protects the important values and purposes for which they were created presents important and difficult …