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Full-Text Articles in Law

Private Voluntary Standards And New U.S. Food Safety Legislation: The Food Safety Modernization Act And Imported Food, David Wirth May 2014

Private Voluntary Standards And New U.S. Food Safety Legislation: The Food Safety Modernization Act And Imported Food, David Wirth

David A. Wirth

No abstract provided.


Private Voluntary Standards And New U.S. Food Safety Legislation: The Food Safety Modernization Act And Imported Food, David A. Wirth May 2014

Private Voluntary Standards And New U.S. Food Safety Legislation: The Food Safety Modernization Act And Imported Food, David A. Wirth

David A. Wirth

No abstract provided.


Deep Dive: Greenhouse Implications Of Energy Policies Of International Financial Institutions, David Wirth Feb 2014

Deep Dive: Greenhouse Implications Of Energy Policies Of International Financial Institutions, David Wirth

David A. Wirth

No abstract provided.


Panelist: The Globalization Of Environmental Politics, David Wirth Feb 2014

Panelist: The Globalization Of Environmental Politics, David Wirth

David A. Wirth

Invited to participate in Renaissance Weekend conference. Also appeared on panels titled "Deep Dive: Greenhouse Implications of Energy Policies of International Financial Institutions" and "Advice to the President".


The World Trade Organization Dispute Over Genetically Modified Organisms: The Precautionary Principle Meets International Trade Law, David A. Wirth Dec 2013

The World Trade Organization Dispute Over Genetically Modified Organisms: The Precautionary Principle Meets International Trade Law, David A. Wirth

David A. Wirth

“Precaution” is increasingly accepted as a basis for governmental policy in the areas of public health and environment on both the domestic and international levels. A precautionary perspective counsels action to avert danger or threats in situations of scientific uncertainty or incomplete information. Precautionary approaches find expression in internationally harmonized formulations as non-binding exhortations, binding treaties, and meta-level principles. Precaution is a particular challenge to free trade agreements, whose purpose is to eliminate unjustified barriers to trade. In that context, precaution as a justification for a challenged governmental measure may appear to be nothing more than a pretext for protectionism. …


Engineering The Climate: Geoengineering As A Challenge To International Governance, David A. Wirth Dec 2013

Engineering The Climate: Geoengineering As A Challenge To International Governance, David A. Wirth

David A. Wirth

The challenge of global climate change has attracted recommendations for remediation from a number of professions, including engineering. The possibilities suggested for “geoengineering” the climate generally fall into one of two categories: (1) carbon capture and storage; and (2) solar radiation management. Specific and often controversial proposals include the aerial dispersion of aerosols, launching reflective gratings into orbit around the Earth, and seeding the oceans with iron filings. These proposals share a number of characteristics, including the following: (1) they can often be undertaken within the territorial jurisdiction of a single state or in areas beyond national jurisdiction; (2) they …


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 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.


Book Review, The Law Of Adaptation To Climate Change: U.S. And International Aspects, David Wirth Jan 2013

Book Review, The Law Of Adaptation To Climate Change: U.S. And International Aspects, David Wirth

David A. Wirth

No abstract provided.


A World Of Choices, David Wirth Dec 2012

A World Of Choices, David Wirth

David A. Wirth

In this keynote address, David Wirth identifies fundamental and dynamic attributes of globalisation, examines the need to confront institutional failures and systemic challenges of multilateral governance, and offers some preliminary observations on directions in which global governance might evolve to achieve salutary outcomes that are good for all.


Book Review, Environmental Law And Sustainability After Rio, David Wirth Dec 2012

Book Review, Environmental Law And Sustainability After Rio, David Wirth

David A. Wirth

Review of an accessible collection of essays from around the world, offering insights into legal and political issues surrounding environmental law and sustainability.


Combat Strategies And The Law Of War In The Age Of Terrorism, David Wirth Oct 2012

Combat Strategies And The Law Of War In The Age Of Terrorism, David Wirth

David A. Wirth

Analysis of the need for new rules of engagement and a modified understanding of the law of war as a result of the war on terror


The Transatlantic Gmo Dispute Against The European Communities, David Wirth Sep 2012

The Transatlantic Gmo Dispute Against The European Communities, David Wirth

David A. Wirth

No abstract provided.


Climate Engineering, David Wirth Sep 2012

Climate Engineering, David Wirth

David A. Wirth

No abstract provided.


How Safe Is That Shrimp? The Food Safety Modernization Act, David Wirth Jul 2012

How Safe Is That Shrimp? The Food Safety Modernization Act, David Wirth

David A. Wirth

No abstract provided.


Globalization And The Environment: Why All The Fuss?, David A. Wirth Nov 2011

Globalization And The Environment: Why All The Fuss?, David A. Wirth

David A. Wirth

The relationship between globalization and environmental policies presents more nuances than the popular paradigm of free trader versus self-serving protectionists, the familiar model of environmentalist battling greedy polluters, or the outmoded view of a progressive multilateral agenda juxtaposed against a parochial, inward-looking domestic one. This piece sets out a structural and analytical framework for addressing the major issues in the field -- including (1) unilateral trade-based measures to protect the environment; (2) science-based tests applied through trade agreements; (3) disciplines on foreign investment that may have a "chilling effect" on environmental regulation; and (4) the relationship between free trade agreements …


Science And International Trade – Third Generation Scholarship, Jeffery Atik, David A. Wirth Nov 2011

Science And International Trade – Third Generation Scholarship, Jeffery Atik, David A. Wirth

David A. Wirth

No abstract provided.


An American Word For War, David Wirth Nov 2011

An American Word For War, David Wirth

David A. Wirth

Jesse is in his early twenties and stuck in Salinas, California. He works at Lenscrafters, making glasses, making decent money and he is comfortable. The novel opens when Jesse’s high school friend, Ben, is visiting from Los Angeles, where he is a screenwriter. The two go to a party for another old acquaintance, Ian, who has just returned from a tour in Iraq. Their encounter with Ian sets the rest of the novel in motion. They are exposed to something big in the world (the machinery of a war that up to that point had been nothing more than words …


The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth Nov 2011

The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth

David A. Wirth

Any day now, a World Trade Organization panel is expected to rule in a dispute between the U.S. and the EU concerning market access for genetically-engineered foods and crops. This piece, written before the release of the WTO panel's report, analyzes novel systemic issues concerning the impact of WTO law on regulatory design, at both the national and international levels, that are raised by this dispute. These include (1) the application of WTO disciplines to regulatory schemes that require prior governmental approval to protect the environment and public health from newly-introduced products and substances; (2) the role of precaution as …


The International Trade Regime And The Municipal Law Of Federal States: How Close A Fit?, David A. Wirth Nov 2011

The International Trade Regime And The Municipal Law Of Federal States: How Close A Fit?, David A. Wirth

David A. Wirth

No abstract provided.


The International Organization For Standardization: Private Voluntary Standards As Swords And Shields, David A. Wirth Nov 2011

The International Organization For Standardization: Private Voluntary Standards As Swords And Shields, David A. Wirth

David A. Wirth

Private voluntary standards such as the International Organization for Standardization’s (ISO’s) 14000 series have played an increasingly important role in encouraging corporations to adopt more sustainable business models on their own initiative and not in direct response to governmentally mandated requirements. ISO standards have a number of benefits, including promoting international uniformity; elevating environmental issues within an enterprise; promoting international trade; and providing a minimal level of environmental performance in countries with less than adequate regulatory infrastructure. Concerns about ISO standards include the relationship to public regulation; and ISO 14001’s essentially procedural, as opposed to performance-based, character. International trade agreements …


The Uneasy Interface Between Domestic And International Environmental Law, David A. Wirth Nov 2011

The Uneasy Interface Between Domestic And International Environmental Law, David A. Wirth

David A. Wirth

No abstract provided.


Globalizing The Environment, David A. Wirth Nov 2011

Globalizing The Environment, David A. Wirth

David A. Wirth

No abstract provided.


Legitimacy, Accountability, And Partnership: A Model For Advocacy On Third World Environmental Issues, David A. Wirth Nov 2011

Legitimacy, Accountability, And Partnership: A Model For Advocacy On Third World Environmental Issues, David A. Wirth

David A. Wirth

To date, there has been little effort to define the characteristics of responsible environmental reform efforts by private citizens and organizations in the United States on foreign environmental problems, such as the quality of foreign aid. Moreover, there have been virtually no attempts to identify a principled role for American lawyers in Third World environmental issues. This Essay will respond to these lacunae by articulating a new approach to advocacy based on a partnership model. In Part I, this Essay identifies the need for American public interest advocates to establish partnerships with directly affected groups on Third World environmental issues. …


The Role Of Science In The Uruguay Round And Nafta Trade Disciplines, David A. Wirth Nov 2011

The Role Of Science In The Uruguay Round And Nafta Trade Disciplines, David A. Wirth

David A. Wirth

The central theme of this article is the necessity for deference to decision-making processes of national regulatory authorities in the application of these new trade disciplines and the need for trade-based reviews of national regulatory measures to operate within clearly defined limits. Accordingly, this article first examines and summarizes the relevant texts, including the original 1947 GATT, the Uruguay Round, and the NAFTA texts on standards. Next, the article considers the role of science in the standard-setting process with reference to the copious literature on this topic. Finally, the article takes up the difficult question of the application of the …


Hazardous Substances And Activities, David A. Wirth Nov 2011

Hazardous Substances And Activities, David A. Wirth

David A. Wirth

This piece analyzes and critically evaluates the enormous number and variety of international instruments addressing the regulation of hazardous substances and activities, from consumer products to nuclear power plants. International authorities are categorized according to regulatory theory, ranging from hazard identification and testing to disposal. Other regulatory approaches include limitations on pollutant releases, prevention of and response to industrial accidents, and international trade in toxic chemicals and waste. Multilateral norms originating from global and regional institutions, UN specialized agencies, and non-UN organizations are analyzed. The piece addresses both "hard" (binding or conventional) and "soft" (nonbinding) instruments, correlating legal form with …


Make Trade Rules Attuned To The Ecological Needs And Interests Of Future Generations: Cli Recommendation No. 15, David A. Wirth Nov 2011

Make Trade Rules Attuned To The Ecological Needs And Interests Of Future Generations: Cli Recommendation No. 15, David A. Wirth

David A. Wirth

This recommendation observes that international trade agreements as currently structured do not establish minimum standards so as to protect the climate for present and future generations. Accordingly, it advocates potential strategies that could be employed in future rounds of international trade negotiations to mobilize the international trade regime in the pursuit of climate-friendly policies. These strategies include, among others, the elimination of climate-degrading subsidies, the liberalization of trade in climate-friendly goods and services, and the promotion of climate-friendly investments (particularly in the energy sector). In addition, the recommendation proposes a modification in trade rules to account for the greenhouse-gas intensity …


International Trade Law: Cli Background Paper No. 10, David A. Wirth Nov 2011

International Trade Law: Cli Background Paper No. 10, David A. Wirth

David A. Wirth

No abstract provided.


The President, The Environment, And Foreign Policy: The Globalization Of Environmental Politics, David A. Wirth Nov 2011

The President, The Environment, And Foreign Policy: The Globalization Of Environmental Politics, David A. Wirth

David A. Wirth

By comparison with domestic environmental issues, international environmental diplomacy is distinguished by the far greater role of the Executive Branch, and in particular the President, in making law. This essay explores the legal consequences of the President's dual role in international environmental diplomacy: his duty faithfully to execute statutory mandates adopted by Congress while also serving as the Nation's chief diplomat and negotiator of international agreements with foreign powers. The piece discusses the legal and policy dynamics surrounding two concrete examples affecting domestic and international environmental policy, in which Presidential power assumes dramatically different forms: (1) climate change, and in …


At War With The Environment, David A. Wirth Nov 2011

At War With The Environment, David A. Wirth

David A. Wirth

In this Article, Professor Wirth reviews the book National Defense and the Environment by Stephen Dycus, a recognized expert in both environmental and national security law. The emphasis of the book is on containing and remediating the environmental excesses of the American defense-industrial complex, with a domestic policy focus. While Professor Wirth considers Dycus’ work an intellectually rewarding and refreshing new entry into the ongoing environment-as-security colloquy, he does not consider the book to be accessible to a general audience given the book’s fundamentally legalistic nature.