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Lessons From Pollution Control: Response To Heller And Hobbs 2014, Robert L. Fischman, James Salzman
Lessons From Pollution Control: Response To Heller And Hobbs 2014, Robert L. Fischman, James Salzman
Articles by Maurer Faculty
Heller and Hobbs (2014) provide an incisive analysis of the challenges inherent in setting endpoint states as conservation goals. The social construct of nature, nonequilibrium ecosystems, global climate change, large-scale transformations of the landscape, and increasing population and economic activity confound efforts to establish conservation goals. Stakeholders often disagree on endpoint targets, whereas competing notions of historic fidelity and future flexibility frustrate our ability to articulate success, never mind actually achieve it. As Heller and Hobbs describe, this leaves managers in the bind of finding the “balance between future-looking management emphasizing change and past-looking management emphasizing persistence.” As a result, …
Advantages Of A Polycentric Approach To Climate Change Policy, Daniel H. Cole
Advantages Of A Polycentric Approach To Climate Change Policy, Daniel H. Cole
Articles by Maurer Faculty
Lack of progress in global climate negotiations has led scholars to reconsider polycentric approaches to climate policy. Several examples of subglobal mechanisms to reduce greenhouse-gas emissions have been touted, but it remains unclear why they might achieve better climate outcomes than global negotiations alone. Decades of work conducted by researchers associated with the Vincent and Elinor Ostrom Workshop in Political Theory and Policy Analysis at Indiana University have emphasized two chief advantages of polycentric approaches over monocentric ones: they provide more opportunities for experimentation and learning to improve policies over time, and they increase communications and interactions — formal and …
The Problem Of Shared Irresponsibility In International Climate Law, Daniel H. Cole
The Problem Of Shared Irresponsibility In International Climate Law, Daniel H. Cole
Articles by Maurer Faculty
States have treaty-based and customary international law-based responsibilities to ensure that greenhouse gas emissions emanating from their territory do not cause transboundary harm. However, those international legal responsibilities conflict with the observed behavior of states, which suggests a general rule of irresponsible treatment of the global commons. This paper, written for a conference (and eventual book) on shared responsibility in international law, examines that conflict and two potential mechanisms for resolving it: (1) international litigation and (2) various types of polycentric approaches to climate governance.
Several international legal scholars have been advocating litigation as a means of compensating victims and …