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Full-Text Articles in Law

Greenhouse Gas Regulation And Border Tax Adjustments: The Carrot And The Stick, M. Benjamin Eichenberg Aug 2010

Greenhouse Gas Regulation And Border Tax Adjustments: The Carrot And The Stick, M. Benjamin Eichenberg

Golden Gate University Environmental Law Journal

Global climate change due to the emission of anthropogenic, or manmade, greenhouse gases (GHGs) has the most widely dispersed costs of any transboundary environmental problem that the international community has yet faced. In other words, it is a global public problem and thus provides few incentives for unilateral or individual mitigation. This makes finding solutions difficult because international coalitions must face the problem of free-riders who benefit from reduced GHG concentrations at zero cost—those who make the economically rational decision to let others reduce atmospheric GHG concentrations while they continue to build GHG-intensive economies. Three of the primary complaints raised …


Transoceanic Trash: International And United States Strategies For The Great Pacific Garbage Patch, Susan L. Dautel Aug 2010

Transoceanic Trash: International And United States Strategies For The Great Pacific Garbage Patch, Susan L. Dautel

Golden Gate University Environmental Law Journal

Part II of this Comment provides an overview of the debris found in the Patch and the associated health impacts. Part III reviews the Convention on the Prevention of Marine Pollution by Dumping of Waste and Other Matters (the London Convention) with its corresponding international and U.S. laws, and then separately examines the U.S. Marine Debris Research, Prevention, and Reduction Act (MDRPRA). Part IV argues that the laws identified in Part III can be applied to provide a means to clean up the portion of the Patch affecting U.S. territory. Part V briefly surveys the United Nations Framework Convention on …


Public Nuisance Suits For The Climate Justice Movement: The Right Thing And The Right Time, Randall S. Abate Jan 2010

Public Nuisance Suits For The Climate Justice Movement: The Right Thing And The Right Time, Randall S. Abate

Journal Publications

The climate justice movement seeks to provide relief to vulnerable communities that have been disproportionately affected by climate change impacts. Public nuisance litigation for climate change impacts is a new and growing field that could provide the legal and policy underpinnings to help secure a viable foundation for climate justice in the United States and internationally. By securing victories in the court system, these suits may succeed where the domestic environmental justice movement failed in seeking to merge environmental protection and human rights concerns into an actionable legal theory. This Article first examines the nature and scope of the climate …


Exceptionalism United?: Unpacking Unfccc Article 7.2 ©, Niranjali M. Amerasinghe Jan 2010

Exceptionalism United?: Unpacking Unfccc Article 7.2 ©, Niranjali M. Amerasinghe

Sustainable Development Law & Policy

No abstract provided.


Assessing Offset Quality In The Clean Development Mechanism, The Offset Quality Initiative Jan 2010

Assessing Offset Quality In The Clean Development Mechanism, The Offset Quality Initiative

Sustainable Development Law & Policy

No abstract provided.


Equitable But Ineffective: How The Principle Of Common But Differentiated Responsibilities Hobbles The Global Fight Against Climate Change, Mary J. Bortscheller Jan 2010

Equitable But Ineffective: How The Principle Of Common But Differentiated Responsibilities Hobbles The Global Fight Against Climate Change, Mary J. Bortscheller

Sustainable Development Law & Policy

No abstract provided.


Climate Change Consensus: Emerging International Law, Prof. Elizabeth N. Burleson Dec 2009

Climate Change Consensus: Emerging International Law, Prof. Elizabeth N. Burleson

Prof. Elizabeth Burleson

This article focuses on emerging international law addressing climate change. Providing a background on international negotiations, it considers the greenhouse gas emissions targets needed to avert catastrophic climate change. Assessing the funding debate, this article concludes that agreement in Copenhagen must result in a comprehensive instrument with which to maintain global emissions below 350 parts per million of carbon dioxide. Multilateral coordination can develop an effective framework for climate stabilization.