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Golden Gate University School of Law

2010

Environmental Law

Rio's Decade

Articles 1 - 9 of 9

Full-Text Articles in Law

Kyoto's So-Called "Fatal Flaws": A Potential Springboard For Domestic Greenhouse Gas Regulation, Denee A. Diluigi Sep 2010

Kyoto's So-Called "Fatal Flaws": A Potential Springboard For Domestic Greenhouse Gas Regulation, Denee A. Diluigi

Golden Gate University Law Review

This Comment discusses the United States' capability to initiate a new domestic program to confront climate change in the wake of the current political stance on environmental issues. Additionally, this Comment proposes a program premised on market-based incentives that will serve as a compromise between industry and the environment to ensure that the United States takes affirmative action to reduce and limit domestic GHG emissions. Section II of this comment discusses the various factors that contribute to the scientific phenomenon of global warming. It also addresses the scientific community's divergent positions with respect to the causes of global warming and …


Country Experiences In The Implementation Of The Rio Forest Principles: A Case Study Of The East African Community States, Godber W. Tumushabe Sep 2010

Country Experiences In The Implementation Of The Rio Forest Principles: A Case Study Of The East African Community States, Godber W. Tumushabe

Golden Gate University Law Review

This article is divided into eight sections. Section II analyzes the status and trends in forestry resources in East Africa and the relevance of the forestry sector in national economic development and regional integration. This section emphasizes the applicability of forestry goods and services in addressing rural poverty and proposes that investments targeted at increasing the productivity of the sector could provide the much needed stimuli for national economic development. Section III assesses the UNCED processes that gave birth to the Rio Forest Principles and the relevant forestry provisions in Agenda 21. Section IV analyzes the contributions of the EAC …


The Journey From Rio To Johannesburg: Ten Years Of Forest Negotiations, Ten Years Of Successes And Failures, Melanie Steiner Sep 2010

The Journey From Rio To Johannesburg: Ten Years Of Forest Negotiations, Ten Years Of Successes And Failures, Melanie Steiner

Golden Gate University Law Review

Since Rio, a great deal of dialogue and changes in the global forest architecture have occurred, including the growth of regional criteria and indicator (C&I) processes for sustainable forest management, development of new national forest programmes in many countries, and the establishment of the new international arrangement on forests mentioned above. Commitments have been made at all levels, in the form of IPF/IFF proposals for action, adoption of a forest work programme under the Convention on Biological Diversity, and regionally through the C&I processes. Furthermore, new issues have emerged on the scene as being critical post-Rio, including illegal logging/forest law …


The Biodiversity Rights Of Developing Nations: A Perspective From India, Shalini Bhutani, Ashish Kothari Sep 2010

The Biodiversity Rights Of Developing Nations: A Perspective From India, Shalini Bhutani, Ashish Kothari

Golden Gate University Law Review

The article will flag those provisions of the law that disenfranchise developing nations and their peoples from their rights vis-a-vis biodiversity. While sifting through these provisions, it will also examine how far the developed nations have gone in the "burden-sharing" of conservation of biological resources. Because newer technologies pose newer challenges to biodiversity conservation, the intrinsic link between trade and biodiversity cannot be overstated. It has been a challenge to deal with international trade rules and regulations, especially with non-state entities like the WTO. The WTO's agenda is dictated largely by corporate interests in developed countries such as the United …


Ratification Resisted: Understanding America's Response To The Convention On Biological Diversity, 1989-2002, Robert F. Blomquist Sep 2010

Ratification Resisted: Understanding America's Response To The Convention On Biological Diversity, 1989-2002, Robert F. Blomquist

Golden Gate University Law Review

This Article undertakes a broad, synoptic evaluation of America's complex response to the Convention. It paints an intricate picture of American legal and policy initiatives, on multiple levels, for enhanced domestic and international protection of biodiversity juxtaposed with concomitant legal and policy footdragging. Part I limns, in bold lines, the basic structure of the matter: initially it provides a brief overview of the genesis and contents of the CBD; then,' it sketches a chronological synopsis of America's formal and informal response to the CBD. Part II adds some detailed brushwork: it attempts to deepen understanding of the various tensions, concerns, …


U.S. Climate Change Policy Under G.W. Bush, Armin Rosencranz Sep 2010

U.S. Climate Change Policy Under G.W. Bush, Armin Rosencranz

Golden Gate University Law Review

In this short article, I review the development of U.S. climate change and energy policy under President George W. Bush, describe various executive branch initiatives to address the issue of global climate change, and assess the prospects for progressive U.S. action to address climate change over the remainder of the Bush Presidency. This is a short article because the repudiation of Kyoto speaks for itself and the domestic initiatives that could arguably influence greenhouse gas abatement seem extraordinarily modest in scope and cost.


U.S. Climate Change Policy Under President Clinton: A Look Back, Amy Royden Sep 2010

U.S. Climate Change Policy Under President Clinton: A Look Back, Amy Royden

Golden Gate University Law Review

This article describes the evolution of the Clinton Administration's policy on climate change and point to factors that influenced its deliberations. It focuses on the U.S. positions in international negotiations, international reaction to these positions, and domestic policies and politics that influenced these positions. More detailed analyses of certain issues - such as full descriptions of all the climate change-related activities undertaken by the federal government, both abroad and at home - are beyond the scope of this article.


Consensus Among Many Voices: Articulating The European Union's Position On Climate Change, Nuno S. Lacasta, Suraje Dessai, Eva Powroslo Sep 2010

Consensus Among Many Voices: Articulating The European Union's Position On Climate Change, Nuno S. Lacasta, Suraje Dessai, Eva Powroslo

Golden Gate University Law Review

This article attempts to provide an overview of key policy elements of the European Union's climate policy since the adoption of the UNFCCC in 1992. Section II discusses the main features of the EU as an actor vis-a-vis its Member States and the international community at large. Section III identifies the key actors at play in the EU context; Section IV analyzes the EU's track record on domestic policies and measures. Section V, in turn, debates selected key topics in the international climate change negotiations from a EU perspective. Finally, section VI debates the prospects of continued international EU leadership …


Unced's Uncertain Legacy: An Introduction To The Issue, Paul Stanton Kibel Sep 2010

Unced's Uncertain Legacy: An Introduction To The Issue, Paul Stanton Kibel

Golden Gate University Law Review

No abstract provided.