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Full-Text Articles in Law
Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar
Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar
Sustainable Development Law & Policy
This paper analyses the governance machine in place at the Arctic and examines the application of the principles of “common heritage of mankind” at the Arctic. This paper also offers some tentative propositions aimed at protecting Out Bound investment rights and how the World Trade Organization or other countries, like the U.S., can intercede in the Arctic investment sphere and attempt to regulate along with the United Nations Convention for the Law of the Sea.
Energy Justice And Renewable Rikers, Rebecca Bratspies
Energy Justice And Renewable Rikers, Rebecca Bratspies
University of Miami Law Review
Unsustainable energy practices generate the lion’s share of global carbon emissions as well as staggering levels of deadly particulate pollution. Replacing the current dirty, fossil fuel-based system with affordable, clean energy is both a human rights imperative and a climate change necessity. This transition, which has already begun, creates the opportunity to do things differently. By confronting the structural racism embedded in existing energy structures, we can build a just transition rather than just a transition. This Article uses New York City’s Renewable Rikers project as a case study to explore how we might take advantage of the intersections between …
The Great Climate Migration: A Critique Of Global Legal Standards Of Climate-Change Caused Harm, Mariah Stephens
The Great Climate Migration: A Critique Of Global Legal Standards Of Climate-Change Caused Harm, Mariah Stephens
Sustainable Development Law & Policy
Approximately 2.4 billion people, or about forty percent of the global population, live within sixty miles (one hundred kilometers) of a coastline. The United Nations (“U.N.”) determined that “a sea level rise of half a meter could displace 1.2 million people from low-lying islands in the Caribbean Sea and the Indian and Pacific Oceans, with that number almost doubling if the sea level rises by two metres.” The U.N. also reports that “sudden weather-related hazards” have internally displaced an annual average of 21.5 million people since 2008. Within the next few decades, this number is likely to continue to increase. …
Environmental Injustice: How Treaties Undermine Human Rights Related To The Environment, Lisa E. Sachs, Lise Johnson, Ella Merrill
Environmental Injustice: How Treaties Undermine Human Rights Related To The Environment, Lisa E. Sachs, Lise Johnson, Ella Merrill
Columbia Center on Sustainable Investment Staff Publications
Growing cries for action to effectively address the climate and other environmental crises hold important implications for the governance of cross-border investments. Policymakers and environmental advocates have often overlooked how provisions granted by states in international investment agreements (IIAs) have been used by investors to challenge government measures taken in the public interest to protect the environment and advance environmental justice.
This 2019 paper, published in the Sciences Po Legal Review issue devoted to the climate crisis, explains how the investor-state dispute settlement (ISDS) mechanism, made available to investors in thousands of bilateral and multilateral trade and investment agreements, may …
Climate Change And Human Rights: Shaping The Narrative For Reflexive Responses From Civilization’S Leadership To Counter And Abate Climate Change And Enhance The Role Of Human Rights In The Rule Of Law, Michael Donlan
New England Journal of Public Policy
This article offers a bold new legal process for enhancing and upgrading the rule of law to enable civilization to cope with and counter the mounting damage and injustice caused by climate change. Climate change, once an unimaginable threat, is now a brutal, ubiquitous game changer that is leading inexorably to the demise of all humanity. Only by enhancing the rule of law and melding international law with domestic law can civilization fashion a coherent, global action plan for survival.
For almost three centuries greenhouse gases have been emitted around the world by the burning of fossil fuel, and—most alarming—these …
The Paris Agreement And Global Climate Litigation After The Trump Withdrawal, David Hunter
The Paris Agreement And Global Climate Litigation After The Trump Withdrawal, David Hunter
Articles in Law Reviews & Other Academic Journals
The article addresses the emergence of cases in many countries around the world that are addressing climate change by enforcing, or at least referring to, the Paris Agreement.
Climate Change, Intellectual Property, And The Scope Of Human Rights Obligations, Kavita Kapur
Climate Change, Intellectual Property, And The Scope Of Human Rights Obligations, Kavita Kapur
Sustainable Development Law & Policy
No abstract provided.
Climate Change And The Right To Food: A Comprehensive Study, Human Rights Institute
Climate Change And The Right To Food: A Comprehensive Study, Human Rights Institute
Human Rights Institute
Climate change and the policies instituted to combat it are affecting the realiza- tion of the right to food in myriad, often unnoticed ways. This report highlights how – despite the common objective to preserve human welfare for present and future generations – the climate change regime and the human rights regime addressing the right to food have failed to coordinate their agendas and to collab- orate to each other’s mutual benefit. The current climate change regime fails to accurately address the human harms resulting from climate change itself, and is not operating with the necessary safeguards and preventive measures …
Action On Global Warming: Making Room For Tribal Governments In The New Kind Of Wedge Issue, Dean B. Suagee
Action On Global Warming: Making Room For Tribal Governments In The New Kind Of Wedge Issue, Dean B. Suagee
The Climate of Environmental Justice: Taking Stock (March 16-17)
Presenter: Dean B. Suagee, Of Counsel, Hobbs, Straus, Dean & Walker LLP, Washington, D.C.
1 page.
Climate Changes And The Poorest Nations: Further Reflections On Global Inequality, Ruth Gordon
Climate Changes And The Poorest Nations: Further Reflections On Global Inequality, Ruth Gordon
The Climate of Environmental Justice: Taking Stock (March 16-17)
Presenter: Ruth Gordon, Professor of Law, Villanova University School of Law
3 pages.
Inter-American Commission On Human Rights To Hold Hearing After Rejecting Inuit Climate Change Petition, Jessica Gordon
Inter-American Commission On Human Rights To Hold Hearing After Rejecting Inuit Climate Change Petition, Jessica Gordon
Sustainable Development Law & Policy
No abstract provided.
Seeking Protection: Recognition Of Environmentally Displaced Persons Under International Human Rights Law, Brooke Havard
Seeking Protection: Recognition Of Environmentally Displaced Persons Under International Human Rights Law, Brooke Havard
Villanova Environmental Law Journal
No abstract provided.
Linking Global Warming To Inuit Human Rights, Marguerite E. Middaugh
Linking Global Warming To Inuit Human Rights, Marguerite E. Middaugh
San Diego International Law Journal
Under international law, the United States government has violated the Inuit's human rights by failing to take action against climate change. The Inter-American Commission on Human Rights should find that the allegations of human rights violations by the Inuit are justified and rule in their favor. This Article first explores the impacts of climate change on the Inuit and each of the Inuit's basic human rights, which are implicated by the environmental changes. Next, the role and responsibility of the U.S. with respect to climate change is examined. This section discusses the current attitude and actions of the U.S. government, …