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Full-Text Articles in Law
Will Climate Change Be The Next Grotian Moment?, Michael P. Scharf
Will Climate Change Be The Next Grotian Moment?, Michael P. Scharf
Case Western Reserve Journal of International Law
Under the classic paradigm of international environmental law articulated in the 1941 Trail Smelter arbitration decision, States are responsible for downstream or downwind harm that crosses from their territory into another State. But climate change threatens not just neighboring States but the entire global commons. This Article explores whether the conditions are ripe for a “Grotian Moment”—a paradigm shifting development leading to accelerated formation of customary international law related to the human right to a healthy environment.
U.S. National Security And Climate Change, Alexandra E. Koch, Nicole K. Carle, Gregory P. Noone
U.S. National Security And Climate Change, Alexandra E. Koch, Nicole K. Carle, Gregory P. Noone
Case Western Reserve Journal of International Law
As sea temperatures rise and natural disasters intensify, it is critical that the U.S. national security strategy actively include plans to account for global climate change and address the complex environmental and humanitarian challenges that parallel and are driven by rising temperatures, such as resource scarcity, forced displacement, and regional instability. Climate change acts as a “threat multiplier for instability” in some of the most volatile regions of the world and can contribute to rising tensions even in historically stable regions. Climate change can also lead to increased vulnerability of military infrastructure and logistics, undermine military readiness, and demand a …
Deadly Journeys: Climate Change, U.S. Border Enforcement, And Human Rights, Julia Neusner
Deadly Journeys: Climate Change, U.S. Border Enforcement, And Human Rights, Julia Neusner
Case Western Reserve Journal of International Law
Extreme weather events and slow onset disasters, exacerbated by climate change, are increasingly driving global displacement. As displaced people seek cross-border protection in unprecedented numbers, the United States has responded by tightening border controls and restricting asylum access. These policies have exposed migrants and asylum seekers in transit to greater risks of injury and death due to the impacts of climate change and climate-related disasters. Drawing on legal analysis, historical context, and firsthand interviews with people seeking U.S. asylum, this Article examines the implications of U.S. policies that limit freedom of movement and asylum access. The Article raises critical legal …
Drops In The Ocean: The Hidden Power Of Rights-Based Climate Change Litigation, Craig Martin
Drops In The Ocean: The Hidden Power Of Rights-Based Climate Change Litigation, Craig Martin
Case Western Reserve Journal of International Law
An increasing number of legal challenges to government climate change policies are being advanced on the basis that states are violating the human rights or constitutional rights of applicants. A number of high-profile cases in Europe have upheld such claims and ordered governments to adjust their policies. But questions remain regarding how effective such rights-based cases may be in the effort to enforce climate change law obligations or encourage government responses to the crisis. This Article explores how such rights-based cases may exercise greater influence than is typically understood.
After explaining briefly the relevant human rights and climate change law, …
Talking Foreign Policy: "Foreign Policy And Climate Change" November 20, 2023 Broadcast, Cwru Law School
Talking Foreign Policy: "Foreign Policy And Climate Change" November 20, 2023 Broadcast, Cwru Law School
Case Western Reserve Journal of International Law
No abstract provided.
Climate Change Negotiations: Legal And Other Issues On The Road To Paris, Susan Biniaz
Climate Change Negotiations: Legal And Other Issues On The Road To Paris, Susan Biniaz
Case Western Reserve Journal of International Law
This article is born of a panel discussion from September 18, 2015, regarding "Regulating and Treaty-Making: Addressing Climate Change under the Obama Presidency." The article examines issues that affected discussions shortly before the final negotiations at the United Nations Climate Change Conference in Paris in 2015.
The Obama Administration's Clean Air Act Legacy And The Unfcc, Uma Outka
The Obama Administration's Clean Air Act Legacy And The Unfcc, Uma Outka
Case Western Reserve Journal of International Law
This article is born of a panel discussion from September 18, 2015, regarding "Regulating and Treaty-Making: Addressing Climate Change under the Obama Presidency." The article examines issues that affected discussions shortly before the final negotiations at the United Nations Climate Change Conference in Paris in 2015.
Arctic Ice Melt: Emerging Resources, Emerging Issues, The, Thomas Au, Theodore Parran Iii, Jessica Rubin, Jonathan Slomski
Arctic Ice Melt: Emerging Resources, Emerging Issues, The, Thomas Au, Theodore Parran Iii, Jessica Rubin, Jonathan Slomski
Canada-United States Law Journal
No abstract provided.
Global Warming Heats Up The American-Canadian Relationship: Resolving The Status Of The Northwest Passage Under International Law, William Y. Kim
Global Warming Heats Up The American-Canadian Relationship: Resolving The Status Of The Northwest Passage Under International Law, William Y. Kim
Canada-United States Law Journal
No abstract provided.
Climate Change, Presidential Power, And Leadership: "We Can't Wait", Chris Wold
Climate Change, Presidential Power, And Leadership: "We Can't Wait", Chris Wold
Case Western Reserve Journal of International Law
No abstract provided.
Three Climate Crises, Deepa Badrinarayana
Three Climate Crises, Deepa Badrinarayana
Case Western Reserve Journal of International Law
No abstract provided.
Victims Of Climate Change And Their Standing To Sue: Why The Northern District Of California Got It Right, Joseph M. Stancati
Victims Of Climate Change And Their Standing To Sue: Why The Northern District Of California Got It Right, Joseph M. Stancati
Case Western Reserve Journal of International Law
No abstract provided.
Climate Change And Crises Of International Law: Possibilities For Geographic Reenvisioning, Hari M. Osofsky
Climate Change And Crises Of International Law: Possibilities For Geographic Reenvisioning, Hari M. Osofsky
Case Western Reserve Journal of International Law
No abstract provided.