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Full-Text Articles in Law
The International And Domestic Law Of Climate Change: A Binding International Agreement Without The Senate Or Congress?, David A. Wirth
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 …
Engineering The Climate: Geoengineering As A Challenge To International Governance, David A. Wirth
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 …
Book Review, The Law Of Adaptation To Climate Change: U.S. And International Aspects, David Wirth
Book Review, The Law Of Adaptation To Climate Change: U.S. And International Aspects, David Wirth
David A. Wirth
No abstract provided.
Book Review, Environmental Law And Sustainability After Rio, David Wirth
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.
The International Organization For Standardization: Private Voluntary Standards As Swords And Shields, David A. Wirth
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
The Uneasy Interface Between Domestic And International Environmental Law, David A. Wirth
David A. Wirth
No abstract provided.
Globalizing The Environment, David A. Wirth
Legitimacy, Accountability, And Partnership: A Model For Advocacy On Third World Environmental Issues, David A. Wirth
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
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
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 …
The President, The Environment, And Foreign Policy: The Globalization Of Environmental Politics, David A. Wirth
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
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
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 …
Contributing Author, David Wirth
Environmental Law And Policy: Nature, Law, And Society, David Wirth, Zygmunt Plater
Environmental Law And Policy: Nature, Law, And Society, David Wirth, Zygmunt Plater
David A. Wirth
No abstract provided.
Unilateral Trade-Based Measures For Protection Of The Marine Environment: A Legal And Policy Perspective, David Wirth, Douglas Caldwell
Unilateral Trade-Based Measures For Protection Of The Marine Environment: A Legal And Policy Perspective, David Wirth, Douglas Caldwell
David A. Wirth
No abstract provided.
Precaution In International Environmental Policy And United States Law And Practice, David Wirth
Precaution In International Environmental Policy And United States Law And Practice, David Wirth
David A. Wirth
No abstract provided.
Current Developments: The Sixth Session (Part Two) And Seventh Session Of The Conference Of The Parties To The Framework Convention On Climate Change, David A. Wirth
David A. Wirth
No abstract provided.
International Decisions. European Communities -- Measures Affecting Asbestos And Asbestos-Containing Products, David A. Wirth
International Decisions. European Communities -- Measures Affecting Asbestos And Asbestos-Containing Products, David A. Wirth
David A. Wirth
No abstract provided.
Teaching And Research In International Environmental Law, David A. Wirth
Teaching And Research In International Environmental Law, 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
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
Public Participation In International Processes: Environmental Case Studies At The National And International Levels, David A. Wirth
David A. Wirth
No abstract provided.
Trade And The Environment: Equilibrium Or Imbalance?, David A. Wirth, Douglas J. Caldwell
Trade And The Environment: Equilibrium Or Imbalance?, David A. Wirth, Douglas J. Caldwell
David A. Wirth
No abstract provided.
The Rio Declaration On Environment And Development: Two Steps Forward And One Back, Or Vice Versa, David A. Wirth
The Rio Declaration On Environment And Development: Two Steps Forward And One Back, Or Vice Versa, David A. Wirth
David A. Wirth
No abstract provided.
Reexamining Decisions-Making Processes In International Environmental Law, David A. Wirth
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
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.
Environmental Reform Of The Multilateral Development Banks, David Wirth
Environmental Reform Of The Multilateral Development Banks, David Wirth
David A. Wirth
No abstract provided.
The North American Free Trade Agreement And U.S. Environmental Law, David A. Wirth
The North American Free Trade Agreement And U.S. Environmental Law, David A. Wirth
David A. Wirth
No abstract provided.
A Matchmaker's Challenge: Marrying International Law And American Environmental Law, David A. Wirth
A Matchmaker's Challenge: Marrying International Law And American Environmental Law, David A. Wirth
David A. Wirth
No abstract provided.
Beyond Vienna And Montreal - Multilateral Agreements On Greenhouse Gases, David Wirth, Daniel Lashof
Beyond Vienna And Montreal - Multilateral Agreements On Greenhouse Gases, David Wirth, Daniel Lashof
David A. Wirth
No abstract provided.