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Environmental Law

Boston College Law School Faculty Papers

International Law

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The International Organization For Standardization: Private Voluntary Standards As Swords And Shields, David A. Wirth Feb 2009

The International Organization For Standardization: Private Voluntary Standards As Swords And Shields, David A. Wirth

Boston College Law School Faculty Papers

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 ...


The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth Jul 2006

The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth

Boston College Law School Faculty Papers

Any day now, a World Trade Organization panel is expected to rule in a dispute between the U.S. and the EU concerning market access for genetically-engineered foods and crops. This piece, written before the release of the WTO panel's report, analyzes novel systemic issues concerning the impact of WTO law on regulatory design, at both the national and international levels, that are raised by this dispute. These include (1) the application of WTO disciplines to regulatory schemes that require prior governmental approval to protect the environment and public health from newly-introduced products and substances; (2) the role of ...


The President, The Environment, And Foreign Policy: The Globalization Of Environmental Politics, David A. Wirth Feb 2005

The President, The Environment, And Foreign Policy: The Globalization Of Environmental Politics, David A. Wirth

Boston College Law School Faculty Papers

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 ...


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 Jul 2002

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

Boston College Law School Faculty Papers

No abstract provided.


International Decisions. European Communities -- Measures Affecting Asbestos And Asbestos-Containing Products, David A. Wirth Apr 2002

International Decisions. European Communities -- Measures Affecting Asbestos And Asbestos-Containing Products, David A. Wirth

Boston College Law School Faculty Papers

No abstract provided.


Teaching And Research In International Environmental Law, David A. Wirth Jan 1999

Teaching And Research In International Environmental Law, David A. Wirth

Boston College Law School Faculty Papers

No abstract provided.


Trade And The Environment: Equilibrium Or Imbalance?, David A. Wirth, Douglas J. Caldwell Apr 1996

Trade And The Environment: Equilibrium Or Imbalance?, David A. Wirth, Douglas J. Caldwell

Boston College Law School Faculty Papers

No abstract provided.


Public Participation In International Processes: Environmental Case Studies At The National And International Levels, David A. Wirth Jan 1996

Public Participation In International Processes: Environmental Case Studies At The National And International Levels, David A. Wirth

Boston College Law School Faculty Papers

No abstract provided.


The Rio Declaration On Environment And Development: Two Steps Forward And One Back, Or Vice Versa, David A. Wirth Apr 1995

The Rio Declaration On Environment And Development: Two Steps Forward And One Back, Or Vice Versa, David A. Wirth

Boston College Law School Faculty Papers

No abstract provided.


Reexamining Decisions-Making Processes In International Environmental Law, David A. Wirth May 1994

Reexamining Decisions-Making Processes In International Environmental Law, David A. Wirth

Boston College Law School Faculty Papers

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 Jan 1993

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

Boston College Law School Faculty Papers

No abstract provided.


A Matchmaker's Challenge: Marrying International Law And American Environmental Law, David A. Wirth Jan 1992

A Matchmaker's Challenge: Marrying International Law And American Environmental Law, David A. Wirth

Boston College Law School Faculty Papers

No abstract provided.


The North American Free Trade Agreement And U.S. Environmental Law, David A. Wirth Jan 1992

The North American Free Trade Agreement And U.S. Environmental Law, David A. Wirth

Boston College Law School Faculty Papers

No abstract provided.


Legitimacy, Accountability, And Partnership: A Model For Advocacy On Third World Environmental Issues, David A. Wirth Jul 1991

Legitimacy, Accountability, And Partnership: A Model For Advocacy On Third World Environmental Issues, David A. Wirth

Boston College Law School Faculty Papers

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 ...


Remarks (As Panelist) On "Environment, Economic Development And Human Rights: A Triangular Relationship?", David A. Wirth Jan 1988

Remarks (As Panelist) On "Environment, Economic Development And Human Rights: A Triangular Relationship?", David A. Wirth

Boston College Law School Faculty Papers

No abstract provided.


Cooling The Chemical Summer, David A. Wirth, David D. Doniger Oct 1986

Cooling The Chemical Summer, David A. Wirth, David D. Doniger

Boston College Law School Faculty Papers

No abstract provided.


Private Rights Of Action And Judicial Review In Federal Environmental Law, David A. Wirth, William H. Timbers Jan 1985

Private Rights Of Action And Judicial Review In Federal Environmental Law, David A. Wirth, William H. Timbers

Boston College Law School Faculty Papers

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 Jan 1985

Remarks (As Panelist) On "International Transfer Of Hazardous Technology And Substances: Caveat Emptor Or State Responsibility? The Case Of Bhopal, India.", David A. Wirth

Boston College Law School Faculty Papers

No abstract provided.