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Full-Text Articles in Law
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 …
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 …
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.
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.
Remarks (As Panelist) On "Environment, Economic Development And Human Rights: A Triangular Relationship?", David A. Wirth
Remarks (As Panelist) On "Environment, Economic Development And Human Rights: A Triangular Relationship?", David A. Wirth
David A. Wirth
No abstract provided.
Cooling The Chemical Summer, David A. Wirth, David D. Doniger
Cooling The Chemical Summer, David A. Wirth, David D. Doniger
David A. Wirth
No abstract provided.
Remarks (As Panelist) On "International Transfer Of Hazardous Technology And Substances: Caveat Emptor Or State Responsibility? The Case Of Bhopal, India.", David A. Wirth
David A. Wirth
No abstract provided.
Private Rights Of Action And Judicial Review In Federal Environmental Law, David A. Wirth, William H. Timbers
Private Rights Of Action And Judicial Review In Federal Environmental Law, David A. Wirth, William H. Timbers
David A. Wirth
No abstract provided.