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The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer 2018 Queensland University of Technology

The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer

Matthew Rimmer

This article will consider the role of AOSIS in debates over intellectual property, the environment, and climate change. It will consider questions of technology transfer, climate justice, and intergenerational equity. This article will conclude that there is a need for AOSIS to bolster its position on intellectual property, technology transfer, access to genetic resources, and Indigenous Knowledge. Moreover, the group could seek to benefit from the development of international networks – such as the Technology Mechanism established under the United Nations Framework Convention on Climate Change 1992, and the Global Indigenous Network announced by Australia at the Rio 20 discussions on ...


Breathing Air With Heft: An Experiential Report On Environmental Regulation And Public Health In Urban China, Erin Ryan 2017 Florida State University College of Law

Breathing Air With Heft: An Experiential Report On Environmental Regulation And Public Health In Urban China, Erin Ryan

Erin Ryan

This article explores the gritty intersections of daily life and environmental law in modern China, an industrial powerhouse still struggling to reconcile economic opportunity with breathable air, clean water, healthy food, and safe products.  With comparative perspective on analogous challenges in the United States, the article reports on these critical domestic challenges for China at a pivotal moment in its reemergence as a dominant world power.  China’s continued geopolitical rise may well hinge on its ability to respond successfully to the environmental causes of growing social unrest.
 
In 2011, in the midst of this maelstrom, I brought my husband ...


Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark P. Nevitt, Robert V. Percival 2017 University of Pennsylvania Law School

Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark P. Nevitt, Robert V. Percival

Mark P Nevitt

Climate change is fundamentally transforming both the Arctic and Antarctic polar regions.  Yet they differ dramatically in their governing legal regimes.  For the past sixty years the Antarctic Treaty System (ATS), a traditional “hard law” international law treaty system, effectively de-militarized the Antarctic region and halted competing sovereignty claims. In contrast, the Arctic region lacks a unifying Arctic treaty and is governed by the newer “soft law” global environmental law model embodied in the Arctic Council’s collaborative work.  Now climate change is challenging this model.  It is transforming the geography of both polar regions, breaking away massive ice sheets ...


Why Michigan V. Epa Requires The Meaning Of The Cost/Rationality Nexus Be Clarified, Daniele Bertolini, Carolina Arlota 2017 University of Oklahoma Norman Campus

Why Michigan V. Epa Requires The Meaning Of The Cost/Rationality Nexus Be Clarified, Daniele Bertolini, Carolina Arlota

daniele bertolini


This article examines the recent decision in Michigan v. EPA, in which the US Supreme Court held that the EPA acted unreasonably in not considering costs at the listing phase of the regulation of power plants’ emissions under a specific provision of the Clear Air Act (CAA). In Michigan the Court interpreted the applicable statutory provision based on the principles of rational administrative decision-making, thereby establishing a connection between cost consideration by administrative agencies and the principles of reasonable exercise of administrative discretion. We contend that Michigan failed to properly appreciate the logical and axiological connection between cost consideration and ...


Protecting The Public Benefit: Crafting Precedent For Citizen Enforcement Of Conservation Easements, Sean P. Ociepka 2017 University of Maine School of Law

Protecting The Public Benefit: Crafting Precedent For Citizen Enforcement Of Conservation Easements, Sean P. Ociepka

Maine Law Review

In fiscal year 2004, Wal-Mart added 139 new discount stores, supercenters, and “neighborhood markets” to its already significant chain of stores across the United States. Wal-Mart developers submit their proposals to governing town bodies all over the country with the promise that the $20 million construction of a 200,000 square foot store will create 500 new jobs for the local economy, will have a payroll of over $12 million, will increase the tax base of the area, and will provide convenient, affordable shopping for consumers. For these reasons, the big box stores are a hard offer for town planners ...


Encounters With Climate Change: How Sdg 13 Can Move From Awareness To Action, Rebecca C. Potter 2017 University of Dayton

Encounters With Climate Change: How Sdg 13 Can Move From Awareness To Action, Rebecca C. Potter

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

In a well-known passage from his book I and Thou, Martin Buber relates his encounter with a tree: “I contemplate a tree,” he writes, and then lists the various ways he could perceive the tree, as an artist or biologist, as someone interested in the trees parts and construction or interested in its function as a living system. But in all cases, Buber observes, “the tree remains my object and has its place and its time span, its kind and condition.”

Yet sometimes, “if will and grace are conjoined,” Buber describes being drawn into a relation with the tree wherein ...


Climate Change, Development, And The Global Commons, Robert J. Brecha 2017 University of Dayton

Climate Change, Development, And The Global Commons, Robert J. Brecha

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

An important link between energy, climate change, human development, and human rights comes in the form of a question that has yet to be answered satisfactorily: The earth’s atmosphere and other physical systems are the ultimate example of the global commons. Do future generations have a human right to an unchanged earth system? Sustainable Development Goals 13, 14, and 15 imply an affirmative answer. Given that climate scientists have a good estimate of the amount of carbon dioxide that can be emitted before the safe uptake capacity of the atmosphere is breached, how do we allocate that remaining atmospheric ...


Democratic Civic Engagement: Transformative Local, Inclusive Decision-Making To Achieve Global Peace And Climate Solutions, Leah Ceperley 2017 University of Dayton

Democratic Civic Engagement: Transformative Local, Inclusive Decision-Making To Achieve Global Peace And Climate Solutions, Leah Ceperley

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

The UN Sustainable Development Goals call for action on Climate (No. 13) and Strengthening Governance (No. 16) as imperative to transform our world toward one that is resilient, just, and peaceful. Climate change is a global problem, marked frequently in the U.S. by indifference, with far-reaching impacts disproportionately burdening the poor and vulnerable worldwide. Global in scope, its sources, impacts, and fields of action are local. Combating indifference at the local level can strengthen local governance structures, build trust across ideological divides, and shift the conversation from indifference to action.

Using an example from a University of Dayton-sponsored National ...


Clean Air Council V. Pruitt, Oliver Wood 2017 Alexander Blewett III School of Law at the University of Montana

Clean Air Council V. Pruitt, Oliver Wood

Public Land and Resources Law Review

The United States Court of Appeals for the District of Columbia granted a motion for summary vacatur against the Environmental Protection Agency after environmental groups challenged the agency’s reconsideration of the Obama-era methane rule under the Clean Air Act. The court held that the EPA unlawfully issued a stay after it reconsidered the rule without proper authorization. The court vacated the EPA’s stay, one example of the Trump Administration unsuccessfully repealing Obama-era rulemaking.


Challenges Caused By Iuu Fishing In The Offshore : Lessons For Liberia's Fisheries Based On A Global Review And Analysis, Emma C. Metieh Glassco 2017 World Maritime University

Challenges Caused By Iuu Fishing In The Offshore : Lessons For Liberia's Fisheries Based On A Global Review And Analysis, Emma C. Metieh Glassco

World Maritime University Dissertations

No abstract provided.


The Effective Enforcement Of National Ship Recycling Regulations In India, Mohmmed Shahnawaz 2017 World Maritime University

The Effective Enforcement Of National Ship Recycling Regulations In India, Mohmmed Shahnawaz

World Maritime University Dissertations

No abstract provided.


Study On The Implementation Of The Port Reception Facilities Regulations Of Marpol In Vietnam, Thanh Hoang Nguyen 2017 World Maritime University

Study On The Implementation Of The Port Reception Facilities Regulations Of Marpol In Vietnam, Thanh Hoang Nguyen

World Maritime University Dissertations

No abstract provided.


Measuring Brief (Cordelia Lear), Haley Chee, Mahesh Cleveland, Kevin Yolken 2017 University of Hawaii at Manoa, William S. Richardson School of Law

Measuring Brief (Cordelia Lear), Haley Chee, Mahesh Cleveland, Kevin Yolken

Pace Environmental Law Review Online Companion

No abstract provided.


Measuring Brief (Brittain County, New Union), Spencer Newman, Davis Vaughn 2017 University of Mississippi School of Law

Measuring Brief (Brittain County, New Union), Spencer Newman, Davis Vaughn

Pace Environmental Law Review Online Companion

No abstract provided.


Measuring Brief (U.S. Fish & Wildlife Service), David Sheaffer, Caitlin Brown, Jacob Simon 2017 Michigan State College of Law

Measuring Brief (U.S. Fish & Wildlife Service), David Sheaffer, Caitlin Brown, Jacob Simon

Pace Environmental Law Review Online Companion

No abstract provided.


2017 Bench Memorandum, 2017 Pace University

2017 Bench Memorandum

Pace Environmental Law Review Online Companion

No abstract provided.


2017 National Environmental Moot Court Competition Problem, 2017 Pace University

2017 National Environmental Moot Court Competition Problem

Pace Environmental Law Review Online Companion

No abstract provided.


Water Security, Rhett B. Larson 2017 Arizona State University Sandra Day O'Connor College of Law

Water Security, Rhett B. Larson

Northwestern University Law Review

Climate change, as the dominant paradigm in natural resource policy, is obsolete and should be replaced by the water security paradigm. The climate change paradigm is obsolete because it fails to adequately resonate with the concerns of the general public and fails to integrate fundamental sustainability challenges related to economic development and population growth. The water security paradigm directly addresses the main reasons climate change ultimately matters to most people—droughts, floods, plagues, and wars. Additionally, this new proposed paradigm better integrates climate change concerns with other pressing global sustainability challenges—including that economic development and population growth will require ...


Small Sustainability Supply: How Small Business And Lean Manufacturing Can Change Supply Chains, Carlos Lopez 2017 American University Washington College of Law

Small Sustainability Supply: How Small Business And Lean Manufacturing Can Change Supply Chains, Carlos Lopez

Sustainable Development Law & Policy

No abstract provided.


Benefitting From Sustainable Development, Victoria Frappaolo 2017 American University Washington College of Law

Benefitting From Sustainable Development, Victoria Frappaolo

Sustainable Development Law & Policy

No abstract provided.


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