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Articles 1 - 20 of 20
Full-Text Articles in Law
Environmental Impact Assessment For Oil And Gas Projects: A Comparative Evaluation Of Canadian And Nigerian Laws, Omolola Anuoluwapo Fasina
Environmental Impact Assessment For Oil And Gas Projects: A Comparative Evaluation Of Canadian And Nigerian Laws, Omolola Anuoluwapo Fasina
Electronic Thesis and Dissertation Repository
Environmental Impact Assessment (EIA) is a tool mandated by regulatory authorities to prevent environmental degradation and foster a sustainable environment. Procedural rights to access information and participate in decision-making are understood as key components of good environmental governance. This research compares the EIA laws in Nigeria and Canada and identifies areas of improvement in the EIA processes of both countries with regards to oil and gas activities, in light of existing international norms and, with a focus on public participation and climate change.
The research reveals that Canada, a developed country, has a more rigorous and effective public participation process …
Why The U.S. Coal Industry And Its Jobs Are Not Coming Back, James M. Van Nostrand
Why The U.S. Coal Industry And Its Jobs Are Not Coming Back, James M. Van Nostrand
Law Faculty Scholarship
No abstract provided.
Waging War On The Rising Seas: Fashioning A Comprehensive Approach To Combating The Effects Of Sea Level Rise On Hampton Roads, Virginia Military Installations Under Existing Frameworks, Paul Hawkins
William & Mary Environmental Law and Policy Review
No abstract provided.
Foreign Investor Protection And Climate Action: A New Price Tag For Urgent Policies, Gus Van Harten
Foreign Investor Protection And Climate Action: A New Price Tag For Urgent Policies, Gus Van Harten
Gus Van Harten
From a climate perspective, not all investment is equal. Desirable investment in clean energy needs encouragement and protection, while undesirable investment in fossil fuels needs clear policy signals to avoid further investment in destructive activities and stranding more assets. In this paper, evidence is presented on how foreign investor protection provisions in trade and investment agreements tilt the playing field in favor of entrenched incumbents and against urgent action on climate; on the potential for a massive expansion of investor-state litigation and risks to climate policy in proposed trade deals; and on key flaws in recent European Commission proposals to …
Treading Well Beyond The Ecological To Account For Socioecological Systems And Human Rights In Climate Adaptation Law, Ann M. Eisenberg
Treading Well Beyond The Ecological To Account For Socioecological Systems And Human Rights In Climate Adaptation Law, Ann M. Eisenberg
Faculty Publications
No abstract provided.
Intellectual Property And Related Rights In Climate Data, Michael Carroll
Intellectual Property And Related Rights In Climate Data, Michael Carroll
Articles in Law Reviews & Other Academic Journals
This chapter focuses on the ways in which intellectual property law can act as a barrier to data sharing. Intellectual property laws supply exclusive rights that can enable a researcher, employer or funder to ‘own’ data; they can then bring legal claims against persons who access or reuse data without permission. Some of these rights attach automatically to data, data sets, or databases, and thus must be managed properly to enable robust data sharing in climate science. Other rights are created by contract, and the policies around such privately created rights must be understood and analyzed. This chapter briefly describes …
Intellectual Property And Related Rights In Climate Data, Michael W. Carroll
Intellectual Property And Related Rights In Climate Data, Michael W. Carroll
Michael W. Carroll
Barometer Rising: The Cartagena Protocol On Biosafety As A Model For Holistic International Regulation Of Ocean Fertilization Projects And Other Forms Of Geoengineering, Matthew Hubbard
William & Mary Environmental Law and Policy Review
No abstract provided.
Resilience And Raisins: Partial Takings And Coastal Climate Change Adaptation, Joshua Ulan Galperin, Zaheer Tajani
Resilience And Raisins: Partial Takings And Coastal Climate Change Adaptation, Joshua Ulan Galperin, Zaheer Tajani
Elisabeth Haub School of Law Faculty Publications
The increased need for government-driven coastal resilience projects will lead to a growing number of claims for “partial takings” of coastal property. Much attention has been paid to what actions constitute a partial taking, but there is less clarity about how to calculate just compensation for such takings, and when compensation should be offset by the value of benefits conferred to the property owner. While the U.S. Supreme Court has an analytically consistent line of cases on compensation for partial takings, it has repeatedly failed (most recently in Horne v. U.S. Department of Agriculture) to articulate a clear rule. The …
Intellectual Property And Related Rights In Climate Data, Michael W. Carroll
Intellectual Property And Related Rights In Climate Data, Michael W. Carroll
Contributions to Books
This chapter focuses on the ways in which intellectual property law can act as a barrier to data sharing. Intellectual property laws supply exclusive rights that can enable a researcher, employer or funder to ‘own’ data; they can then bring legal claims against persons who access or reuse data without permission. Some of these rights attach automatically to data, data sets, or databases, and thus must be managed properly to enable robust data sharing in climate science. Other rights are created by contract, and the policies around such privately created rights must be understood and analyzed. This chapter briefly describes …
Loss And Damage And The 21st Conference Of The Parties To The United Nations Framework Convention On Climate Change, Dr. Wil Burns
Loss And Damage And The 21st Conference Of The Parties To The United Nations Framework Convention On Climate Change, Dr. Wil Burns
ILSA Journal of International & Comparative Law
The early fouc of the Parties to the United Nations Framework Convention on Climate Change ("UNFCCC") was on programs and policies to reduce greenhouse gas emissions and emissions from land-use and forestry, commonly referred to as mitigation.
International Environmental And Resources Law 2015 Annual Report, David Hunter
International Environmental And Resources Law 2015 Annual Report, David Hunter
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Business, Human Rights And The Iba Climate Justice Report, Sara Seck, Michael Slattery
Business, Human Rights And The Iba Climate Justice Report, Sara Seck, Michael Slattery
Articles, Book Chapters, & Popular Press
The 2014 Climate Justice Report by the International Bar Association (IBA) makes many recommendations designed to contribute to the fight against climate change. One important step forward is its explicit recognition of the responsibility of business to respect human rights affected by climate change. This commentary explores the extent to which the IBA’s approach to this issue aligns with the business responsibility to respect human rights as described in the 2011 United Nations Guiding Principles on Business and Human Rights. The commentary also considers other international standards that incorporate business responsibilities for human rights in order to determine whether sufficient …
Polyjural And Polycentric Sustainability Assessment: A Once-In-A-Generation Law Reform Opportunity, Jason Maclean, Meinhard Doelle, Chris Tollefson
Polyjural And Polycentric Sustainability Assessment: A Once-In-A-Generation Law Reform Opportunity, Jason Maclean, Meinhard Doelle, Chris Tollefson
Articles, Book Chapters, & Popular Press
The Canadian environmental assessment (EA) regime is broken. At a time when the Canadian economy is both increasingly sluggish and unsustainable, we have an obligation – and perhaps a once-in-a-generation opportunity – to fundamentally reform EA to enable it to finally live up to its promise of promoting sound and sustainability-based decisions. This task is even more pressing in light of the global commitment under the Paris Climate Change Agreement to rapidly transition to greenhouse gas emissions neutrality. Among the many priorities of meaningful EA reform – moving beyond project-level assessments, focusing on net positive contributions to sustainability, avoiding costly …
Role-Play Simulations For Climate Change Adaptation Education And Engagement, Danya Rumore, Todd Schenk, Lawrence Susskind
Role-Play Simulations For Climate Change Adaptation Education And Engagement, Danya Rumore, Todd Schenk, Lawrence Susskind
Utah Law Faculty Scholarship
In order to effectively adapt to climate change, public officials and other stakeholders need to rapidly enhance their understanding of local risks and ability to collaboratively and adaptively respond. We argue that science-based role-play simulation exercises, a type of ‘serious game’ involving face-to-face mock decision-making, have considerable potential as education and engagement tools for enhancing readiness to adapt. Prior research suggests role-play simulations and other serious games can foster public learning and encourage collective action in public policy-making contexts. However, the effectiveness of such exercises in the context of climate change adaptation education and engagement has heretofore been underexplored. We …
Raisins And Resilience: Elaborating Home's Compensation Analysis With An Eye To Coastal Climate Change Adaptation, Joshua Ulan Galperin
Raisins And Resilience: Elaborating Home's Compensation Analysis With An Eye To Coastal Climate Change Adaptation, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
The State of New Jersey, the Borough of Harvey Cedars, and the United States Army Corps of Engineers were all preparing for an event like Hurricane Sandy years before the 2012 super-storm made landfall along the Mid-Atlantic coast. The governments began, for instance, a major dune restoration project in 2005 in order to protect the New Jersey coast from massive storm surges that could destroy homes and businesses. To carry out the effort, the local governments sought to purchase the right to build along the seaward portion of property owners' land, and would then construct roughly twenty-foot-high, thirty-foot-wide dunes. If …
Resilience And Raisins: Partial Takings And Coastal Climate Change Adaptation, Joshua Galperin, Zahir Hadi Tajani
Resilience And Raisins: Partial Takings And Coastal Climate Change Adaptation, Joshua Galperin, Zahir Hadi Tajani
Articles
The increased need for government-driven coastal resilience projects will lead to a growing number of claims for “partial takings” of coastal property. Much attention has been paid to what actions constitute a partial taking, but there is less clarity about how to calculate just compensation for such takings, and when compensation should be offset by the value of benefits conferred to the property owner. While the U.S. Supreme Court has an analytically consistent line of cases on compensation for partial takings, it has repeatedly failed (most recently in Horne v. U.S. Department of Agriculture) to articulate a clear rule. The …
Transnational Legal Practice, Laurel Terry
Transnational Legal Practice, Laurel Terry
Faculty Scholarly Works
This 2015 Year-in-Review article continues the tradition of collecting and publicizing the developments that occurred during the year related to transnational legal practice (TLP). This year’s article builds on the work set forth in the 2014 Year-in-Review.
The 2014 TLP Year-in-Review provided a departure from the Year-in-Review’s typical method of presentation by identifying two categories of what that article called “TLP-Nets.” One group of TLP-Nets is nationally based and the other is inherently transnational. The 2014 article identified examples of TLP-Nets and highlighted the meeting points and relationships that facilitate border-crossing for the variety of actors involved in TLP policy-making …
Clearing The Air: How Canadian Lng Exports Could Help Meet World Greenhouse Gas Reduction Goals, James W. Coleman, Sarah Marie Jordaan
Clearing The Air: How Canadian Lng Exports Could Help Meet World Greenhouse Gas Reduction Goals, James W. Coleman, Sarah Marie Jordaan
Faculty Journal Articles and Book Chapters
With a glut of natural gas in North America, Canada’s natural gas sector is looking to reach new global markets for liquefied natural gas (LNG) exports. The federal government will likely rule soon on environmental assessments of LNG exports facilities on Canada’s west coast.
If LNG from Canada serves coal-dependent countries, mostly in Asia, Canadian LNG will likely lower global greenhouse gas emissions. However, LNG exports to less coal-dependent countries could result in a net emissions increase.
It is impractical for regulators to assess how individual LNG export facilities will affect overseas greenhouse gas emissions because of uncertainty in markets, …
Climate Change And Human Trafficking After The Paris Climate Agreement, Michael Gerrard
Climate Change And Human Trafficking After The Paris Climate Agreement, Michael Gerrard
Faculty Scholarship
Climate change is a major contributor to migration and displacement. Persistent drought forced as many as 1.5 million Syrian farmers to move to overcrowded cities, contributing to social turmoil and ultimately a civil war that drove hundreds of thousands of people to attempt to cross the Mediterranean into Europe. Drought also worsened refugee crises in the Sahel, the Horn of Africa and other parts of the continent. Climate change can cause displacement in multiple ways. No reliable estimates exist of the number of people who will be displaced partly or wholly by climate change, due to uncertainties concerning the rate …