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- Sustainable Development Law & Policy (36)
- Prof. Elizabeth Burleson (3)
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- Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13) (2)
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- Faculty Scholarship (2)
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- Deepa Badrinarayana (1)
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- Elisabeth Haub School of Law Faculty Publications (1)
- Georgia Journal of International & Comparative Law (1)
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- Indiana Law Journal (1)
- Michigan Journal of International Law (1)
- Michigan Law Review First Impressions (1)
- Notre Dame Journal of International & Comparative Law (1)
- Pace Environmental Law Review (1)
- Perry Wallace (1)
- PhD Dissertations (1)
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Articles 1 - 30 of 69
Full-Text Articles in Environmental Law
Centrality And Compliance: Unitary Vs. Federalist Political Systems In The Implementation Of The Kyoto Protocol In Argentina And Uruguay, Aidan Homan
Baker Scholar Projects
When Uruguay and Argentina first gained their respective independence in the early 1800s, they appeared to be following the same path of development As countries that came from the same Spanish colonization, share almost identical agricultural economies, and retain a close relationship, it is logical that they would follow similar trajectories. This assumption proves to be inaccurate in more ways than one, but most prominently within the environmental sphere. One way to analyze this difference in policy implementation lies in compliance with international environmental treaties which contain specific goals and limits for all parties involved. The Kyoto Protocol presents a …
Inclusion Of Incentive And Punitive Measures In Multilateral Environmental Agreement: A Suggestion On How The United Nations Framework Convention On Climate Change Can Be Utilized To Influence The Reduction Of Gas Flaring In The Oil And Gas Exploration Fields Of Nigeria, Temiloluwa Elijah Olanrewaju
Inclusion Of Incentive And Punitive Measures In Multilateral Environmental Agreement: A Suggestion On How The United Nations Framework Convention On Climate Change Can Be Utilized To Influence The Reduction Of Gas Flaring In The Oil And Gas Exploration Fields Of Nigeria, Temiloluwa Elijah Olanrewaju
Dissertations & Theses
Gas flaring is categorized as one of the important contributors to greenhouse gases, which increases the risk of global warming and climate change. The overdependence of the modern economy and most industrial technologies on fossil fuels has created a situation in countries where fossil fuels are exploited. The governments rely majorly on the revenue from exporting oil. The IOCs that are engaged in the mining of oil and gas have been able to influence policy and law enforcement on gas flaring to such an extent that the National laws are not enforced, or the stipulated fines are abysmally low that …
How To Improve Multilateral Environmental Agreements: A Case Study In Balanced Institutional Design Mechanisms In The Climate Change And Ozone Regime, Emma Lee
Honors Theses
With climate change being one of the largest existential threat’s civilizations has ever faced and global cooperation the only conceivable solution, why have the existing MEAs of the climate change regime failed? Moreover, why have MEAs in other environmental regimes, such as the ozone regime, been so much more successful than MEAs in the climate change regime? To investigate this question, I use a theoretical framework of international law and focus on the specific way the institutional design of agreements can yield greater success. I define success in a two-pronged manner which focuses on participation and compliance.
This paper takes …
Can He Do That?: A Constitutional Analysis Of President Trump’S Withdrawal From The Paris Agreement, David Hubinger
Can He Do That?: A Constitutional Analysis Of President Trump’S Withdrawal From The Paris Agreement, David Hubinger
San Diego International Law Journal
This Article is structured to give context as to the history of United Nations-sponsored, climate change centered, international agreements from the early 1990s to the present. The Article also shows how the goals and responsibilities placed on the United States as a part of the Paris Agreement may still be realized even without full party membership. Additionally, the Article discusses the structural framework of the Paris Agreement and the significance of its legal classification when deciding how President Trump can leave the agreement in accordance with international law. The Article will also discuss how President Trump’s actions regarding the Paris …
The Paris Agreement: Its Role In International Law And American Jurisprudence, Kayla Clark
The Paris Agreement: Its Role In International Law And American Jurisprudence, Kayla Clark
Notre Dame Journal of International & Comparative Law
The Paris Agreement is the most articulate and influential international legal agreement on climate change to date. However, despite record breaking levels of international participation, the future of the Agreement remains uncertain. United States President Donald Trump's decision to remain a part of the international community's efforts on climate change has the potential to affect the scope and scale of this acclaimed treaty. In this note, I discuss the development of the Paris agreement as compared to the Kyoto Protocol, and how its construction promises to facilitate successful implementation. Additionally, given the United States' prominent international role, I discuss the …
The Paris Agreement And The International Trade Regime: Considerations For Harmonization, Charles E. Di Leva, Xiaoxin Shi
The Paris Agreement And The International Trade Regime: Considerations For Harmonization, Charles E. Di Leva, Xiaoxin Shi
Sustainable Development Law & Policy
No abstract provided.
Developing An International Carbon Tax Regime, Steven Specht
Developing An International Carbon Tax Regime, Steven Specht
Sustainable Development Law & Policy
No abstract provided.
Developing An International Carbon Tax Regime, Steven Specht
Developing An International Carbon Tax Regime, Steven Specht
Steven Specht
As atmospheric CO2 remains in the range of 400 ppm, it is necessary to find new international coordination to deal with climate change. The best way forward is an international regime of harmonized domestic carbon taxes. By agreeing to a minimum amount of taxation on domestic, point-source producers, money can be set aside for adaptation costs and alternative means of energy production. Finally, such a plan will overcome the problem of non-participation of countries in agreements like the Kyoto Protocol. As this is a treaty dealing with economics and trade, countries can place taxes on imports of non-participatory countries under …
“Gatting” The New Climate Treaty Right: Leveraging Energy Subsidies To Promote Multilateralism, Deepa Badrinarayana
“Gatting” The New Climate Treaty Right: Leveraging Energy Subsidies To Promote Multilateralism, Deepa Badrinarayana
Deepa Badrinarayana
Executive Power And Regional Climate Change Agreements, Conor J. Walline
Executive Power And Regional Climate Change Agreements, Conor J. Walline
Pace Environmental Law Review
This Article explores the potential for such agreements to address climate change on a regional level by analyzing the parallels between the agreements, the nature and limits of the executive power used to create them, and the scope of enforcement available under them. Section II briefly examines the present state of climate warming and its attendant impacts, while Section III highlights the relative failure of current national and international approaches to mitigating climate change. Section IV focuses on the recent rise of environmental regional agreements in the United States, specifically those agreements to which the State of New York has …
Let Them Eat Carbon: The End Of The Kyoto Protocol, Aiten J. Musaeva Mcpherson
Let Them Eat Carbon: The End Of The Kyoto Protocol, Aiten J. Musaeva Mcpherson
Georgia Journal of International & Comparative Law
No abstract provided.
Will International Law Save Us From Climate Disasters?, Michael B. Gerrard
Will International Law Save Us From Climate Disasters?, Michael B. Gerrard
Faculty Scholarship
I am going to address the role of international law in dealing with disasters that can be caused or worsened by climate change.
Business Responses To Climate Change Overview Of This Issue , Perry Wallace
Business Responses To Climate Change Overview Of This Issue , Perry Wallace
Perry Wallace
No abstract provided.
Drafting Model Laws On Indoor Pollution For Developing And Developed Nations Workshop, July 12-13, 2012, Boulder, Colorado: Introduction, Lakshman Guruswamy
Drafting Model Laws On Indoor Pollution For Developing And Developed Nations Workshop, July 12-13, 2012, Boulder, Colorado: Introduction, Lakshman Guruswamy
Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)
11 pages.
"This Essay introduces the framework for deliberation and legislative drafting undertaken at the workshop: Drafting Model Laws on Indoor Pollution for Developing and Developed Nations on July 12-13, 2012, in Boulder, Colorado. There are a number of fundamental premises upon which the workshop was based, and this Essay refers to the most salient among them."-- Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 319 (2013).
Agenda: Drafting Model Laws On Indoor Pollution For Developing And Developed Nations, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Natural Resources, Energy And Environmental Law Review
Agenda: Drafting Model Laws On Indoor Pollution For Developing And Developed Nations, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Natural Resources, Energy And Environmental Law Review
Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)
On July 12 and 13, 2012, experts convened at Colorado Law to demonstrate the extent to which a model law could help address the global problem of indoor air pollution from inefficient cook stoves. The air pollution that results from inefficiently burning biomass as fuel for cooking has serious health and climatic consequences. The workshop produced two sets of Model Laws and commentaries to help nations solve the problem, and the commentaries were published in the Colorado Natural Resources, Energy, and Environmental Law Review.
Global Public Goods, Governance Risk, And International Energy, Timothy L. Meyer
Global Public Goods, Governance Risk, And International Energy, Timothy L. Meyer
Scholarly Works
Scholars and commentators have long argued that issue linkages provide a way to increase cooperation on global public goods by increasing participation in global institutions, building consensus, and deterring free-riding. In this symposium article, I argue that the emphasis on the potential of issue linkages to facilitate cooperation in these ways has caused commentators to underestimate how common features of international legal institutions designed to accomplish these aims can actually undermine those institutions’ ability to facilitate cooperation. I focus on two features of institutional design that are intended to encourage participation in public goods institutions but can create the risk …
The President, The Environment, And Foreign Policy: The Globalization Of Environmental Politics, David A. Wirth
The President, The Environment, And Foreign Policy: The Globalization Of Environmental Politics, David A. Wirth
David A. Wirth
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, and in …
Cancun Climate Negotiations, Prof. Elizabeth Burleson
Cancun Climate Negotiations, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
The United Nations Climate Change Conference, held from November 29 to December 11, 2010, in Cancún, Mexico, relaunched the United Nation's multilateral facilitation role.
Harmonizing Climate Change Policy And International Investment Law: Threats, Challenges And Opportunities, Daniel M. Firger, Michael Gerrard
Harmonizing Climate Change Policy And International Investment Law: Threats, Challenges And Opportunities, Daniel M. Firger, Michael Gerrard
Faculty Scholarship
This chapter responds to a chorus of commentary about the potential for conflict between the international investment law regime and an array of national and international actions being undertaken to mitigate and adapt to global climate change. Contrary to conventional wisdom, while some climate-friendly regulations may indeed be facially incompatible with the obligations imposed on states by typical international investment agreements (IIAs), many climate policies – especially those related to clean energy finance and technology transfer – involve principles common to foreign investment law and are largely compatible with that regime. Moreover, pending the unlikely negotiation of a single global …
Exceptionalism United?: Unpacking Unfccc Article 7.2 ©, Niranjali M. Amerasinghe
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
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
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
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.
Making Transfer Of Clean Technology Work: Lessons Of The Clean Development Mechanism, Mei Gechlik
Making Transfer Of Clean Technology Work: Lessons Of The Clean Development Mechanism, Mei Gechlik
San Diego International Law Journal
This Article takes a closer look at the case of China to fill the gap. It draws on numerous sources including Chinese laws and regulations, the country's policies on climate change, the country's technological capabilities and business environment, observations made by CDM specialists, and other studies of CDM projects. Such a comprehensive discussion, together with Dechezleprete et al.'s findings, will present a more complete picture of what actually drives the transfer of clean technologies to China and will, therefore, help design an effective post-Kyoto framework to facilitate international diffusion of clean technologies.
Case Study: Climate Change Adaptation Planning Guidance For Local Governments In The United States, Edna Sussman
Case Study: Climate Change Adaptation Planning Guidance For Local Governments In The United States, Edna Sussman
Sustainable Development Law & Policy
No abstract provided.
International Climate Negotiations: Opportunities And Challenges For The Obama Administration, David Hunter
International Climate Negotiations: Opportunities And Challenges For The Obama Administration, David Hunter
Articles in Law Reviews & Other Academic Journals
This article is a discussion of the international dimensions of climate change policy facing the newly-elected Obama Administration, focusing on the Kyoto Protocol and subsequent Bali Road Map and Bali Action Plan. The Bali Action Plan set out a framework for negotiating a post-Kyoto agreement with binding commitments on all parties. The agreement is due to be finalized at the United Nations Framework Convention on Climate Change (UNFCCC) meeting in Copenhagen in December 2009, leaving the Obama Administration less than a year to shape its international climate policy and promote that policy effectively in the international negotiations.
The article addresses …
Resolving The Climate Wars, Alan D. Hecht
Resolving The Climate Wars, Alan D. Hecht
Sustainable Development Law & Policy
No abstract provided.
An Introduction To This Issue: Climate Change And Technology Transfer, Dalindyebo Shabalala
An Introduction To This Issue: Climate Change And Technology Transfer, Dalindyebo Shabalala
Sustainable Development Law & Policy
No abstract provided.
Border Adjustment Measures In Proposed U.S. Climate Change Legislation – “A New Chapter In America’S Leadership On Change?”, Stephen Kyo, Bernd G. Janzen, Holly M. Smith
Border Adjustment Measures In Proposed U.S. Climate Change Legislation – “A New Chapter In America’S Leadership On Change?”, Stephen Kyo, Bernd G. Janzen, Holly M. Smith
Sustainable Development Law & Policy
No abstract provided.
A Stop On The Road To Copenhagen: Implications Of A U.S. Climate Bill, Lisa Novins
A Stop On The Road To Copenhagen: Implications Of A U.S. Climate Bill, Lisa Novins
Sustainable Development Law & Policy
No abstract provided.