Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (14)
- Columbia Law School (8)
- University of Colorado Law School (7)
- Pace University (6)
- University of New Mexico (5)
-
- Cleveland State University (4)
- SelectedWorks (4)
- Florida A&M University College of Law (3)
- Loyola University Chicago, School of Law (3)
- William & Mary Law School (3)
- Case Western Reserve University School of Law (2)
- Pepperdine University (2)
- University of Michigan Law School (2)
- Western University (2)
- Barry University School of Law (1)
- Florida State University College of Law (1)
- Fordham Law School (1)
- Maurer School of Law: Indiana University (1)
- Schulich School of Law, Dalhousie University (1)
- UC Law SF (1)
- Universitas Indonesia (1)
- University at Buffalo School of Law (1)
- University of Dayton (1)
- University of Georgia School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of the Pacific (1)
- Washington University in St. Louis (1)
- Washington and Lee University School of Law (1)
- Keyword
-
- Climate change (12)
- Human rights (11)
- Environmental Law (9)
- International Law (9)
- Environmental law (7)
-
- International law (7)
- Law (7)
- Environment (6)
- Indigenous peoples (6)
- International environmental law (6)
- Sustainable development (5)
- "free prior and informed consent" (4)
- Accountability (4)
- Economic development (4)
- Indigenous lands (4)
- Precautionary Principle (4)
- Transnational corporations (4)
- WTO (4)
- Articles (3)
- Bureaucratic behavior (3)
- Business as demand stimulation (3)
- Business decision making (3)
- Corporate social responsibility (3)
- Corporations and sustainable development (3)
- Corruption (3)
- Effective law and policy (3)
- FPIC (3)
- Factors for success and failure (3)
- Global 2000 (3)
- Global Compact (3)
- Publication
-
- Publications (7)
- Columbia Center on Sustainable Investment Staff Publications (6)
- Faculty Scholarship (6)
- Free, Prior and Informed Consent: Pathways for a New Millennium (November 1) (5)
- Elisabeth Haub School of Law Faculty Publications (4)
-
- David Barnhizer (3)
- Evgenia Pavlovskaia (3)
- Loyola University Chicago International Law Review (3)
- Mark A. Drumbl (3)
- William & Mary Environmental Law and Policy Review (3)
- Canada-United States Law Journal (2)
- Electronic Thesis and Dissertation Repository (2)
- Mary Ellen O'Connell (2)
- Pepperdine Law Review (2)
- Amin George Forji (1)
- Articles by Maurer Faculty (1)
- Carmen G. Gonzalez (1)
- David A. Wirth (1)
- Elisabeth Haub School of Law Student Publications (1)
- Florida A & M University Law Review (1)
- Georgia Journal of International & Comparative Law (1)
- Global Business Law Review (1)
- Indonesia Law Review (1)
- Jae-Hyup Lee (1)
- Jesse Reynolds (1)
- Journal Articles (1)
- Journal Publications (1)
- Lukasz A Gruszczynski (1)
- Mark L. Belleville (1)
- McGeorge School of Law Scholarly Articles (1)
- Publication Type
Articles 1 - 30 of 79
Full-Text Articles in Environmental Law
Engineering The Climate: Geoengineering As A Challenge To International Governance, David A. Wirth
Engineering The Climate: Geoengineering As A Challenge To International Governance, David A. Wirth
David A. Wirth
The challenge of global climate change has attracted recommendations for remediation from a number of professions, including engineering. The possibilities suggested for “geoengineering” the climate generally fall into one of two categories: (1) carbon capture and storage; and (2) solar radiation management. Specific and often controversial proposals include the aerial dispersion of aerosols, launching reflective gratings into orbit around the Earth, and seeding the oceans with iron filings. These proposals share a number of characteristics, including the following: (1) they can often be undertaken within the territorial jurisdiction of a single state or in areas beyond national jurisdiction; (2) they …
Articulating Moral Bases For Regional Responses To Deforestation And Climate Change: Africa, Amelia Chizwala Peterson
Articulating Moral Bases For Regional Responses To Deforestation And Climate Change: Africa, Amelia Chizwala Peterson
William & Mary Environmental Law and Policy Review
Deforestation and desertification, archenemies of efforts to maintain forests as sinks for greenhouse gas emissions, are marching on unabated in Africa, where 90 percent of forests were lost in West Africa over the last century alone. Wangari Maathai, founder of the Green Belt Movement, whose work to restore some of Kenya’s decimated forests predates the connections made by the climate science community between deforestation and climate change, wrote:
Today we are faced with a challenge that calls for a shift in our thinking, so that humanity stops threatening its lifesupport system. We are called to assist the Earth to heal …
"Soaring" Gas Prices: Policy Considerations For The European Union Emissions Trading System And Aviation, Kaylin Gaal
"Soaring" Gas Prices: Policy Considerations For The European Union Emissions Trading System And Aviation, Kaylin Gaal
William & Mary Environmental Law and Policy Review
No abstract provided.
Using Trade To Enforce International Environmental Law: Implications For United States Law, Mary Ellen O'Connell
Using Trade To Enforce International Environmental Law: Implications For United States Law, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell
Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell
Mary Ellen O'Connell
Professor O'Connell discusses the traditional methods used for international law "enforcement," and she argues that international law is generally obeyed. Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement; however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through domestic courts. …
Leveraging Paraguay’S Hydropower For Sustainable Economic Development, Perrine Toledano, Nicolas Maennling
Leveraging Paraguay’S Hydropower For Sustainable Economic Development, Perrine Toledano, Nicolas Maennling
Columbia Center on Sustainable Investment Staff Publications
While internationally Paraguay is known for being the largest hydropower exporter in the world, the domestic economy suffers from regular outages and high system losses. The country is largely dependent on agricultural production, which has led to volatile economic performances in the past resulting from climatic circumstances and commodity price fluctuations. To address these two key policy challenges, the Government of Paraguay has approached The Earth Institute to: 1) explore the potential of a climate risk management system and sustainable agriculture activities to mitigate environmental vulnerability and 2) develop a high-level strategic plan to use Paraguay’s vast hydropower resources for …
Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program
Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program
Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)
Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities …
Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (June 28, 2010), Indian Law Resource Center
Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (June 28, 2010), Indian Law Resource Center
Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)
3 pages.
"June 28, 2010"
Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (United Nations Workshop, 17-19 January 2005), Indian Law Resource Center
Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (United Nations Workshop, 17-19 January 2005), Indian Law Resource Center
Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)
3 pages.
U.N. Doc PFII/2004/WS.2/6
Free, Prior And Informed Consent: Ilo 169 And Undrip, Kelsey Peterson
Free, Prior And Informed Consent: Ilo 169 And Undrip, Kelsey Peterson
Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)
2 pages.
"Kelsey Peterson, American Indian Law Program Fellow, University of Colorado Law School Class of 2015"
Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann
Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann
Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)
41 pages.
"January, 2009"
Orbital Debris: Out Of Space, Meghan R. Plantz
Orbital Debris: Out Of Space, Meghan R. Plantz
Georgia Journal of International & Comparative Law
No abstract provided.
Joe M Stell Ombudsman Program - Taos Settlement Technical Work, Peggy Barroll
Joe M Stell Ombudsman Program - Taos Settlement Technical Work, Peggy Barroll
Publications
No abstract provided.
Insuring Island States: The Role Of Insurance For Small Island States In Responding To The Adverse Effects Of Sea Level Rise, Maria Antonia Tigre
Insuring Island States: The Role Of Insurance For Small Island States In Responding To The Adverse Effects Of Sea Level Rise, Maria Antonia Tigre
Elisabeth Haub School of Law Student Publications
Small island states are likely to suffer the greatest impact of sea level rise. They are also generally low emitters of greenhouse gas emissions (GHGs), meaning they have contributed little to the problem of human-induced climate change. For an array of reasons, including their reduced economic and political power relative to the international power of other states, these smaller islands and states have come together, forming the Alliance of Small Island States (AOSIS). Jointly, they have been battling to gain the attention of the international community in their search for solutions. However, they are still left with many unanswered questions …
Towards A Network Of Marine Protected Areas In The South China Sea: Legal And Political Perspectives, Hai Dang Vu
Towards A Network Of Marine Protected Areas In The South China Sea: Legal And Political Perspectives, Hai Dang Vu
PhD Dissertations
The once pristine and rich marine environment of the South China Sea is degrading at an alarming rate due to the rapid socioeconomic development of the region. Despite this, and because mainly of complicated sovereignty and maritime boundary disputes, coastal States have not been able to develop effective regional cooperation to safeguard the shared marine environment. This dissertation, “Towards a Network of Marine Protected Areas in the South China Sea: Legal and Political Perspectives”, researches legal and political measures to support the development of a network of marine protected areas in the South China Sea. Such a network, if properly …
“Turn On The Lights” -Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad
“Turn On The Lights” -Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
Emissions Trading: A Policy Option For Fighting Climate Change In Africa, Gbenga Akinwande
Emissions Trading: A Policy Option For Fighting Climate Change In Africa, Gbenga Akinwande
Electronic Thesis and Dissertation Repository
This thesis shows how an emissions trading scheme can help African countries contribute to the goal of stabilizing the concentration of greenhouse gases in the atmosphere. This is done through an assessment of the gaps in Africa’s climate change mitigation policy architecture and the potential benefits of emissions trading as a policy instrument—including lessons learned from emissions trading schemes implemented in the US, the EU, New Zealand, and Chile. The thesis concludes that adopting an emissions trading scheme as a policy instrument in Africa could potentially close the gaps in its policy architecture.
Why The Extractive Industry Should Support Mandatory Transparency: A Shared Value Approach, Julien Topal, Perrine Toledano
Why The Extractive Industry Should Support Mandatory Transparency: A Shared Value Approach, Julien Topal, Perrine Toledano
Columbia Center on Sustainable Investment Staff Publications
The Transparency Amendment, included in the Dodd‐Frank Wall Street Reform and Consumer Protection Act, can be an important tool in curtailing the resource curse that so heavily burdens resource‐rich developing countries by shedding light on opaque payments between the extractive sector and host countries. From the get‐go, however, extractive industry companies have fiercely opposed the new mandatory disclosure requirements as set out in this regulation. The corporate opposition is for the largest part motivated by the fear of a competitive disadvantage that derives from the fact that the amendment is housed with the Securities and Exchange Commission (SEC) and thus …
Memo To The Obama Administration On The Burma Responsible Investment Reporting Requirements, Kaitlin Y. Cordes, Lisa E. Sachs
Memo To The Obama Administration On The Burma Responsible Investment Reporting Requirements, Kaitlin Y. Cordes, Lisa E. Sachs
Columbia Center on Sustainable Investment Staff Publications
In September 2013, CCSI sent a memo to President Obama and his Administration in response to the first public reports submitted by U.S. companies in compliance with the Burma Responsible Investment Reporting Requirements. The memo applauded the U.S. Government’s efforts to encourage responsible investment in Burma, noting that robust due diligence is essential to ensuring that international investments contribute to sustainable development. Yet the memo also urged the Obama Administration to take steps to strengthen future reporting. In particular, CCSI urged the Administration to issue clarifying guidance that any U.S. investor submitting a report should (1) provide information on due …
Environmental Overreach: The Eu’S Carbon Tax On International Aviation, Surya Gablin Gunasekara
Environmental Overreach: The Eu’S Carbon Tax On International Aviation, Surya Gablin Gunasekara
Washington and Lee Journal of Energy, Climate, and the Environment
On November 27, 2012—without the fanfare of a Rose Garden ceremony—President Obama signed into law a bill that forbids United States airlines from participating in the European Union Emissions Trading Scheme (“EU ETS”). Environmental organizations bemoaned the President’s decision after having urged him to veto the bill. Supporters of the law hailed the passage as a win for American sovereignty, preventing an illegitimate and disingenuous environmental tax on U.S. carriers and passengers. This article addresses the aviation industry’s role in global climate change, and offers an in-depth analysis of the EU ETS and the European Commission’s decision to include international …
Groundwater Challenges In Spain: Lessons From The Western Mancha Aquifer, Pedro Martinez-Santos
Groundwater Challenges In Spain: Lessons From The Western Mancha Aquifer, Pedro Martinez-Santos
Publications
No abstract provided.
The Sinking Of Sovereignty And Sovereign Rights? Mitigating The Impacts Of Climate Change To Maritime Jurisdiction And A Proposal For Solutions, I Made Andi Arsana
The Sinking Of Sovereignty And Sovereign Rights? Mitigating The Impacts Of Climate Change To Maritime Jurisdiction And A Proposal For Solutions, I Made Andi Arsana
Indonesia Law Review
While some still debate whether or not climate change is a reality, one of its impacts, sea level rise, is factual. The cause and the rate of sea level rise might have been inconclusive but its impacts have been clearly felt. Sea level rise can also change the legal status of insular features (small islands/rocks and low tide elevation) that will also affect their capacity in making maritime claim. For an archipelagic State like Indonesia, small outer islands/rocks or low-tide elevation are important for location of basepoints forming the entire system of archipelagic baselines. This paper investigates the impact of …
Restoring Humanity To Humanitarian Law: Borrowing From Environmental Law To Protect Civilians And The Environment, Kirsten Md Stefanik
Restoring Humanity To Humanitarian Law: Borrowing From Environmental Law To Protect Civilians And The Environment, Kirsten Md Stefanik
Electronic Thesis and Dissertation Repository
As concerns about the environment increase and civilians continue to become casualties of armed conflict, we must reflect on traditional approaches and applications of International Humanitarian law [IHL]. While the current state of IHL provides protections for civilians and the environment, examples in practice of excessive harms to both suggest a gap exists in these protections. Current academic literature in the field tends to focus on either the protection of civilians or the protection of the environment, on either IHL or International Environmental law [IEL]. This is problematic as the two are inextricably linked: civilians and environment often, if not …
On Solid Ground: Toward Effective Resource-Based Development, Lisa E. Sachs
On Solid Ground: Toward Effective Resource-Based Development, Lisa E. Sachs
Columbia Center on Sustainable Investment Staff Publications
The small island-state of Timor-Leste exemplifies the challenge of resource-based development for a poor country well-endowed with a valuable natural resource. Timor-Leste, which gained its independence in 2002, has accumulated $13 billion in its petroleum fund in less than a decade. Some of the largest multinational oil companies are operating in the country, and the revenues continue to flow. And yet, while Timor-Leste has seen very notable improvements in its development indicators in the past few years, it continues to face a massive challenge of converting financial wealth into economic development. There are also heated debates about how to spend …
Community Development Funds And Agreements In Guinea Under The New Mining Code, Columbia Center On Sustainable Investment
Community Development Funds And Agreements In Guinea Under The New Mining Code, Columbia Center On Sustainable Investment
Columbia Center on Sustainable Investment Staff Publications
Guinea’s 2011 Mining Code introduced a large number of reforms directed to increasing transparency and the contribution of the mining sector to development, including requirements for the establishment of a local development fund and for community development agreements between mining companies and local communities. As part of the legal and fiscal analysis of the gold mining investments in Guinea, CCSI examined how these provisions could be implemented effectively. CCSI produced a report that makes recommendations as to how the Government, mining companies, civil society and communities can work together to maximize the benefits of local development funding in the Guinean …
International Environmental Law As An Art And A Craft, Jae-Hyup Lee
International Environmental Law As An Art And A Craft, Jae-Hyup Lee
Jae-Hyup Lee
This is a review article about Professor Daniel Bodansky's "The Art and Craft of International Environmental Law." The book provides an accessible, yet comprehensive, overview of international environmental law, a field that has undergone rapid development and has become one of the most important issues of our time. Although there are many treatises and casebooks on this subject, this single source stands out because of its thematic and pragmatic approaches to the problem. Author's characterization of international environmental law as an "art" and a "craft" quite convincing and every reader will enjoy reading this excellent book.
Toward An International Standard Of Environment, George P. Smith Ii
Toward An International Standard Of Environment, George P. Smith Ii
Pepperdine Law Review
No abstract provided.
Cutting To The Chase: Corporate Liability For The Environmental Harm Under The Alien Tort Statute, Kiobel, And Congress, Tony Kupersmith
Cutting To The Chase: Corporate Liability For The Environmental Harm Under The Alien Tort Statute, Kiobel, And Congress, Tony Kupersmith
William & Mary Environmental Law and Policy Review
No abstract provided.
Rio+20 And Biodiversity: What Next? The International And Brazilian Perspectives, Nicholas A. Robinson
Rio+20 And Biodiversity: What Next? The International And Brazilian Perspectives, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Extended written remarks of the oral panel presentation by Professor Nicholas A. Robinson at the international colloquium in tribute to Ambassador Luiz Alberto Figueiredo do Machado on Rio+20 and Biodiversity: Assessing the Future We Want. Presented as part of the Inaugural Panel, held in the Senate Chamber of Brazil in Brasilia on 26 April 2013 and televised nationally.
International Deployment Of Microbial Pest Control Agents: Falling Between The Cracks Of The Convention On Biological Diversity And The Cartagena Biosafety Protocol?, Guy R. Knudsen
Pace Environmental Law Review
This paper considers one tangled web of conflicting developments. It involves the popular desire to replace chemical pesticides with more “natural” biological control strategies, plus a slowly emerging awareness of a less benign side to microbial pest control agents, based on their potential invasiveness and sometimes striking similarities to agents of bioterrorism and biological warfare. This desire, however, is overshadowed by concerns about the environmental release of genetically engineered organisms. I argue that as some of the concerns about ecological diversity, as captured by the Convention on Biodiversity, were channeled into the subsequent Cartagena Protocol on Biosafety to the Convention …