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Full-Text Articles in Law

Remarks, David A. Wirth Jun 2018

Remarks, David A. Wirth

David A. Wirth

No abstract provided.


Us Turns Blind Eye To Global Unity, David A. Wirth May 2018

Us Turns Blind Eye To Global Unity, David A. Wirth

David A. Wirth

No abstract provided.


The World Bank And The Environment, David A. Wirth May 2018

The World Bank And The Environment, David A. Wirth

David A. Wirth

No abstract provided.


Some Reflections On Turtles, Tuna, Dolphin, And Shrimp, David A. Wirth May 2018

Some Reflections On Turtles, Tuna, Dolphin, And Shrimp, David A. Wirth

David A. Wirth

No abstract provided.


Trump’S First Foreign Trip And The Fate Of The Paris Agreement: Reading The Tea Leaves From The G7 And Nato Summits, David Wirth Mar 2018

Trump’S First Foreign Trip And The Fate Of The Paris Agreement: Reading The Tea Leaves From The G7 And Nato Summits, David Wirth

David A. Wirth

No abstract provided.


While Trump Pledges Withdrawal From Paris Agreement On Climate, International Law May Provide A Safety Net, David Wirth Mar 2018

While Trump Pledges Withdrawal From Paris Agreement On Climate, International Law May Provide A Safety Net, David Wirth

David A. Wirth

No abstract provided.


Global Governance Of Climate Change: The Paris Agreement As A New Component Of The Un Climate Regime, David Wirth Mar 2018

Global Governance Of Climate Change: The Paris Agreement As A New Component Of The Un Climate Regime, David Wirth

David A. Wirth

The Paris Agreement, which was adopted in December 2015 and entered into force less than a year later, is the newest instrument to be adopted in the United Nations-sponsored global climate regime. The Paris Agreement takes its place under the 1992 Framework Convention on Climate Change and next to the 1997 Kyoto Protocol and 2012 Doha Amendment. After describing the historical evolution of the UN climate regime employing the tools of international law, this Article explores the structural, institutional, and legal relationships between the new Paris Agreement and the prior development and content of UN-sponsored efforts on climate protection under …


Executive Agreements Relying On Implied Statutory Authority: A Response To Bodansky And Spiro, David A. Wirth May 2017

Executive Agreements Relying On Implied Statutory Authority: A Response To Bodansky And Spiro, David A. Wirth

David A. Wirth

No abstract provided.


Public Access To Information And Documentation At The United Nations Development Programme: Issues, Findings, And Recommendations, David A. Wirth, Sukanya Devarajan Mar 2016

Public Access To Information And Documentation At The United Nations Development Programme: Issues, Findings, And Recommendations, David A. Wirth, Sukanya Devarajan

David A. Wirth

No abstract provided.


Cracking The American Climate Negotiators’ Hidden Code: United States Law And The Paris Agreement, David A. Wirth Mar 2016

Cracking The American Climate Negotiators’ Hidden Code: United States Law And The Paris Agreement, David A. Wirth

David A. Wirth

The United States’ position in, and conduct of, the negotiations leading to the Paris Agreement, as with almost all international diplomacy leading to reciprocal international undertakings conducted by that country, reflected not only internal politics, but also the constraints of domestic law. The United States is not unique in this respect, but it is unusual in the extent to, and manner in which, its municipal law constrains the creation of international commitments. This article disaggregates US international and domestic climate policy as it developed prior to the Paris negotiations and analyses how those dynamics played out on the multilateral stage, …


Geographical Indications, Food Safety, And Sustainability Challenges And Opportunities, David A. Wirth Dec 2015

Geographical Indications, Food Safety, And Sustainability Challenges And Opportunities, David A. Wirth

David A. Wirth

This paper examines the legal and policy relationship reinforcement amongst international standards for GIs, food safety standards, and other claims of quality or safety. The paper addresses those relationships within the context of international trade agreements protecting GIs, such as the 1994 TRIPS Agreement, the EU-Canada Comprehensive Economic and Trade Agreement (CETA), and the chapter on intellectual property and geographical indications in the Transatlantic Trade and Investment Partnership (TTIP) currently under negotiation. Trade agreements also discipline food safety measures and non-GI indications of quality or safety such as “organic” and “GMO-free.” Accordingly, the paper also considers the extent to which …


The International And Domestic Law Of Climate Change: A Binding International Agreement Without The Senate Or Congress?, David Wirth Oct 2015

The International And Domestic Law Of Climate Change: A Binding International Agreement Without The Senate Or Congress?, David Wirth

David A. Wirth

This paper asserts that neither Senate advice and consent nor new congressional legislation are necessarily conditions precedent to the United States becoming a party to an agreement containing binding emission-reduction (mitigation) commitments. Professor Wirth presented this paper remotely using Skype.


Geographical Indications, Food Safety, And Sustainability Challenges And Opportunities, David A. Wirth Mar 2015

Geographical Indications, Food Safety, And Sustainability Challenges And Opportunities, David A. Wirth

David A. Wirth

This paper examines the legal and policy relationship reinforcement amongst international standards for GIs, food safety standards, and other claims of quality or safety. The paper addresses those relationships within the context of international trade agreements protecting GIs, such as the 1994 TRIPS Agreement, the EU-Canada Comprehensive Economic and Trade Agreement (CETA), and the chapter on intellectual property and geographical indications in the Transatlantic Trade and Investment Partnership (TTIP) currently under negotiation. Trade agreements also discipline food safety measures and non-GI indications of quality or safety such as “organic” and “GMO-free.” Accordingly, the paper also considers the extent to which …


The International And Domestic Law Of Climate Change: A Binding International Agreement Without The Senate Or Congress?, David A. Wirth Feb 2015

The International And Domestic Law Of Climate Change: A Binding International Agreement Without The Senate Or Congress?, David A. Wirth

David A. Wirth

This Article asserts that neither Senate advice and consent nor new congressional legislation are necessarily conditions precedent to the United States' becoming a party to a binding agreement to be adopted at the 21st Conference of the Parties to the UN Framework Convention on Climate Change, which is to be held in Paris in December 2015. Depending on the form of such an agreement, which is presently under negotiation, the President's Climate Action Plan could provide sufficient domestic legal authority for the conclusion of all or part of such a binding international instrument as an executive agreement, as well as …


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.


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 …


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.


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 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.