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Deepa Badrinarayana

Kyoto Protocol

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“Gatting” The New Climate Treaty Right: Leveraging Energy Subsidies To Promote Multilateralism, Deepa Badrinarayana Dec 2014

“Gatting” The New Climate Treaty Right: Leveraging Energy Subsidies To Promote Multilateralism, Deepa Badrinarayana

Deepa Badrinarayana

In a previous paper, Trading Up Kyoto: A Proposal for Amending the Protocol, I argued that not only do international trade rules, specifically the operation of the World Trade Organization("WTO") agreements, hinder international climate change treaty negotiations, but also that applying exceptions to circumvent trade rules is doctrinally difficult and normatively unsettling, primarily because of WTO jurisprudence, the colorable intent of nations that are violating WTO rules in the guise of mitigating climate change, and the challenges to creating environmental exceptions to trade rules to facilitate emissions reduction. To illustrate this point, I focused on ongoing trade disputes involving a …

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Global Warming: A Second Coming For International Law?, Deepa Badrinarayana Aug 2009

Global Warming: A Second Coming For International Law?, Deepa Badrinarayana

Deepa Badrinarayana

This paper analyzes the role of international law in addressing global warming through the lens of a select number of compliance theories and rational choice theory. It presents an alternative view to the limits of international law in addressing climate change, i.e., that international law has created an economic dependency that has constrained the space for pursuit of traditional legal rights. In making this argument, this article examines the history oil exploration and climate policy. The article also makes some brief suggestions towards increasing the space for traditional legal rights.

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