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Selected Works

Selected Works

David A. Wirth

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Articles 1 - 30 of 122

Full-Text Articles in Law

Remarks, David A. Wirth Jun 2018

Remarks, David A. Wirth

David A. Wirth

No abstract provided.

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Fda Flip-Flops On Antibiotic Hazard, David A. Wirth May 2018

Fda Flip-Flops On Antibiotic Hazard, David A. Wirth

David A. Wirth

No abstract provided.

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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.

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Fda On Food Additives And Salt, David A. Wirth May 2018

Fda On Food Additives And Salt, David A. Wirth

David A. Wirth

No abstract provided.

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Keeping The Courthouse Door Open, David A. Wirth May 2018

Keeping The Courthouse Door Open, David A. Wirth

David A. Wirth

No abstract provided.

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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.

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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.

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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.

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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.

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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 …

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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.

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Partnership Advocacy In World Bank Environmental Reform, David A. Wirth Mar 2016

Partnership Advocacy In World Bank Environmental Reform, David A. Wirth

David A. Wirth

No abstract provided.

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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.

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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, …

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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 …

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Specific Coverage Issues Implicating Climate Change, David Wirth Nov 2015

Specific Coverage Issues Implicating Climate Change, David Wirth

David A. Wirth

Moderated this panel at the conference "Who Will Pay?: The Public and Private Insurance Implications of Climate Change’s Drastic Challenges."

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International Governance Issues, David Wirth Oct 2015

International Governance Issues, David Wirth

David A. Wirth

Testimony given before the National Academy of Sciences.

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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.

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Moderator, Pope Francis’S Encyclical: An Ethical Summons To Tackle Climate Change, David Wirth Sep 2015

Moderator, Pope Francis’S Encyclical: An Ethical Summons To Tackle Climate Change, David Wirth

David A. Wirth

No abstract provided.

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Co-Organizer, Our Common Home: An Ethical Summons To Tackle Climate Change, David Wirth Sep 2015

Co-Organizer, Our Common Home: An Ethical Summons To Tackle Climate Change, David Wirth

David A. Wirth

No abstract provided.

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The Environment, David A. Wirth Jul 2015

The Environment, David A. Wirth

David A. Wirth

This chapter surveys settings under the auspices of international organizations and institutions that address the environment and highlights a number of underappreciated structural attributes of international environmental governance. A variety of approaches to treating environment on the multilateral level are categorized, resulting in a typology of both international institutional structures and the diversity of international instruments and policy tools available for promoting substantive international environmental policy. Utilizing examples that are intended to be illustrative of specific aspects of the challenges presented by international environmental policy and law rather than exhaustive, the piece concludes by examining the extent to which form …

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The Legal Capacity Of The United States To Accept Internationally Legally Binding Mitigation Targets, David Wirth Apr 2015

The Legal Capacity Of The United States To Accept Internationally Legally Binding Mitigation Targets, David Wirth

David A. Wirth

This was an invited presentation to negotiators of the Paris Agreement on climate change, sponsored by the Government of Belgium at which the Belgian environment minister spoke.  

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Geographical Indications, Food Safety, And Sustainability: Challenges And Opportunities, David Wirth Apr 2015

Geographical Indications, Food Safety, And Sustainability: Challenges And Opportunities, David Wirth

David A. Wirth

In this paper Professor Wirth examined the legal and policy relationship reinforcement amongst international standards for GIs, food safety requirements, and other claims of quality or safety.

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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 …

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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 …

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Possibilities For A Binding International Agreement On Climate Change: The Us Perspective, David Wirth Jan 2015

Possibilities For A Binding International Agreement On Climate Change: The Us Perspective, David Wirth

David A. Wirth

No abstract provided.

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Panelist, New Year’S Renaissance Weekend, David Wirth Dec 2014

Panelist, New Year’S Renaissance Weekend, David Wirth

David A. Wirth

Professor Wirth served as a panelist on panels regarding Crimea, global warming, ISIL, and food safety.

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The International And Domestic Law Of Climate Change: A Binding International Agreement Without The Senate Or Congress?, David Wirth Oct 2014

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

David A. Wirth

No abstract provided.

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International Administrative Law -- Wto And Implications For Rulemaking, David Wirth Oct 2014

International Administrative Law -- Wto And Implications For Rulemaking, David Wirth

David A. Wirth

No abstract provided.

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A Climate Treaty Without Congress, David Wirth Jun 2014

A Climate Treaty Without Congress, David Wirth

David A. Wirth

Contrary to popular belief, approximately 90% of international agreements—including treaties—concluded by the United States are done without submission to the Senate. The President’s commitment to moving forward domestically relying on existing legal authority invites the very real possibility that we needn’t wait for Congress to enact new legislation before concluding legally binding multilateral or bilateral agreements to protect the climate.

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