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Introducing The ‘Reconciliatory Approach’ – Harmonizing International Environmental Law With Other Specialised Areas Of International Law, Britta Sjöstedt Nov 2013

Introducing The ‘Reconciliatory Approach’ – Harmonizing International Environmental Law With Other Specialised Areas Of International Law, Britta Sjöstedt

Britta Sjöstedt

In this paper, I argue that international environmental treaties can interact with other specialised areas of law applicable to the same subject matter in the same context by using the ‘reconciliatory approach’ (RA). This approach entails that the institutions established under the environmental treaties are empowered to develop the treaty provisions in a manner that may also take other legal areas into account and thereby be able to reconcile obligations of other specialised legal areas. The RA functions on the premise that international law is one system with the inherent ambition to coherently systematize its norms. By looking at the …


Oil & Gas Pooling, Gina Warren Oct 2013

Oil & Gas Pooling, Gina Warren

Gina Warren

No abstract provided.


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 Environmental Review Can Generate Pollution: A Case Study, Michael Lewyn Aug 2013

How Environmental Review Can Generate Pollution: A Case Study, Michael Lewyn

Michael E Lewyn

State environmental review statutes often require state and local governments to draft an environmental impact statement for any project or permit that might have a substantial environmental impact. One such statute, New York's State Environmental Quality Review Act (SEQRA) defines “environmental impact” broadly to include not only traditionally environmental impacts such as pollution, but also social impacts such as increased neighborhood population. As a result, any large-scale development is likely to require environmental review under SEQRA.

In my article, I argue that such stringency harms air quality by discouraging infill development (that is, development in already-urbanized areas). Such development is …


The Potential Of Multilateral Environmental Agreements To Protect In Relation To Armed Conflict, Britta Sjöstedt Jul 2013

The Potential Of Multilateral Environmental Agreements To Protect In Relation To Armed Conflict, Britta Sjöstedt

Britta Sjöstedt

This paper is provided for a seminar included in the UN International Law Commission (ILC) Seminars. The seminar deals with the important topic “Protection of the Environment in relation to Armed Conflict” that was put on the ILC’s current agenda of programme in May 2013. In this paper, I will share some of my comments on the new topic at ILC’s agenda. These focus on the potential of multilateral environmental agreements. The destructive activities taking place in relation to armed conflict can cause irreversible impacts on the environment. They can destruct important ecosystems, poison watercourses and extinct species. Keeping in …


Hydropower: It's A Small World After All, Gina Warren Apr 2013

Hydropower: It's A Small World After All, Gina Warren

Gina Warren

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.


A New Progressive Agenda For Public Health And The Environment, Christopher Schroeder, Rena Steinzor Feb 2013

A New Progressive Agenda For Public Health And The Environment, Christopher Schroeder, Rena Steinzor

Rena I. Steinzor

Over the last quarter century, much of the focus of federal regulatory policy in the areas of health, safety, and the environment has been gradually redirected away from protecting Americans against various harms and toward protecting corporate interests from the plain meaning of protective statutes. This book delivers precisely what its title promises, a re-imagining of federal policy in these areas, with particular focus on the regulatory process. It identifies the failings of the current approach to regulation and proposes innovative, straightforward, and practical solutions for the 21st Century. The book is a collaboration among the Member Scholars of the …


Sea Level Rise And Maritime Zones: Preserving The Maritime Entitlements Of ‘Disappearing’ States, Rosemary Rayfuse Dec 2012

Sea Level Rise And Maritime Zones: Preserving The Maritime Entitlements Of ‘Disappearing’ States, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


War And The Environment: International Law And The Protection Of The Environment In Relation To Anned Conffict — Introduction To The Special Issue, Rosemary Rayfuse Dec 2012

War And The Environment: International Law And The Protection Of The Environment In Relation To Anned Conffict — Introduction To The Special Issue, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


Committee On Climate Change, Sustainable Development, And Ecosystems: 2012 Annual Report, John Dernbach Dec 2012

Committee On Climate Change, Sustainable Development, And Ecosystems: 2012 Annual Report, John Dernbach

John C. Dernbach

No abstract provided.


Using Sustainability Criteria For Biofuels In A Legal Context - An Analysis Based On The Eu Policy For Transport Biofuels, Evgenia Pavlovskaia Dec 2012

Using Sustainability Criteria For Biofuels In A Legal Context - An Analysis Based On The Eu Policy For Transport Biofuels, Evgenia Pavlovskaia

Evgenia Pavlovskaia

Sustainable quality of biofuels and their production methods should be seen as a part of the wider concept “sustainability”. Sustainability of biofuels should be measured in relation to resources and possibilities that the Earth can supply us with. This presentation focuses on sustainability criteria in their function to promote sustainability in a legal context, followed by the analysis of the binding EU regulations for transport biofuels as an example. Two main issues are examined: - the concept of sustainability criteria, special features of their use in law and aspects relevant for their practical implementation, and - the issue of control …