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Selected Works

International Law

International Law

David A. Wirth

Articles 1 - 22 of 22

Full-Text Articles in Law

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.


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 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.


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. …


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 …


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 …


Un Regard Extérieur: Back Impact Of European Union Legislation On American Environmental Regulations, David Wirth Dec 2007

Un Regard Extérieur: Back Impact Of European Union Legislation On American Environmental Regulations, David Wirth

David A. Wirth

No abstract provided.


The Eu's New Impact On American Environmental Regulation, David Wirth Dec 2006

The Eu's New Impact On American Environmental Regulation, David Wirth

David A. Wirth

Due to its increasing size and growing regulatory momentum, the European Union is quickly becoming an alternative power center to the United States in the field of environmental policy. Within the past several years, there has consequently been an emerging and discernible trend of EU policy and law on the environmental laws and policy of United States. This piece explores the new European chemicals legislation on Registration, Evaluation, and Authorization of Chemicals (REACH) as one example of this back impact. Because REACH will affect virtually all multinational corporations, its impacts will be global, including the United States. The article explores …


International Court Of Justice, David Wirth Dec 2002

International Court Of Justice, David Wirth

David A. Wirth

No abstract provided.


International Law, David Wirth Dec 2002

International Law, David Wirth

David A. Wirth

No abstract provided.


International Decisions. European Communities -- Measures Affecting Asbestos And Asbestos-Containing Products, David A. Wirth Mar 2002

International Decisions. European Communities -- Measures Affecting Asbestos And Asbestos-Containing Products, David A. Wirth

David A. Wirth

No abstract provided.


Compliance With Non-Binding Norms Of Trade And Finance, David Wirth Dec 1999

Compliance With Non-Binding Norms Of Trade And Finance, David Wirth

David A. Wirth

No abstract provided.


International Decisions. European Communities - Measures Concerning Meat And Meat Products, David A. Wirth Sep 1998

International Decisions. European Communities - Measures Concerning Meat And Meat Products, David A. Wirth

David A. Wirth

No abstract provided.


Trade Implications Of The Basel Convention Amendment Banning North-South Trade In Hazardous Wastes, David A. Wirth Dec 1997

Trade Implications Of The Basel Convention Amendment Banning North-South Trade In Hazardous Wastes, David A. Wirth

David A. Wirth

No abstract provided.


Public Participation In International Processes: Environmental Case Studies At The National And International Levels, David A. Wirth Dec 1995

Public Participation In International Processes: Environmental Case Studies At The National And International Levels, David A. Wirth

David A. Wirth

No abstract provided.


Review Of Greening International Law, Edited By Philippe Sands, David A. Wirth Dec 1994

Review Of Greening International Law, Edited By Philippe Sands, David A. Wirth

David A. Wirth

No abstract provided.


Reexamining Decisions-Making Processes In International Environmental Law, David A. Wirth Apr 1994

Reexamining Decisions-Making Processes In International Environmental Law, David A. Wirth

David A. Wirth

No abstract provided.


International Decisions. Environmental Defense Fund V. Massey. 986 F.2d 528. U.S.Court Of Appeals, D.C. Cir., Jan. 29, 1993, David A. Wirth Dec 1992

International Decisions. Environmental Defense Fund V. Massey. 986 F.2d 528. U.S.Court Of Appeals, D.C. Cir., Jan. 29, 1993, David A. Wirth

David A. Wirth

No abstract provided.


A Matchmaker's Challenge: Marrying International Law And American Environmental Law, David A. Wirth Dec 1991

A Matchmaker's Challenge: Marrying International Law And American Environmental Law, David A. Wirth

David A. Wirth

No abstract provided.


Remarks On "International Financing Mechanisms And Institutional Responses.", David Wirth Dec 1990

Remarks On "International Financing Mechanisms And Institutional Responses.", David Wirth

David A. Wirth

No abstract provided.


Remarks (As Panelist) On "International Law: The Year In Review.", David A. Wirth Dec 1989

Remarks (As Panelist) On "International Law: The Year In Review.", David A. Wirth

David A. Wirth

No abstract provided.


Multilingual Treaty Interpretation And The Case Of Salt Ii, David A. Wirth Dec 1979

Multilingual Treaty Interpretation And The Case Of Salt Ii, David A. Wirth

David A. Wirth

No abstract provided.