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The International And Domestic Law Of Climate Change: A Binding International Agreement Without The Senate Or Congress?, David A. Wirth Feb 2015

The International And Domestic Law Of Climate Change: A Binding International Agreement Without The Senate Or Congress?, David A. Wirth

David A. Wirth

This Article asserts that neither Senate advice and consent nor new congressional legislation are necessarily conditions precedent to the United States' becoming a party to a binding agreement to be adopted at the 21st Conference of the Parties to the UN Framework Convention on Climate Change, which is to be held in Paris in December 2015. Depending on the form of such an agreement, which is presently under negotiation, the President's Climate Action Plan could provide sufficient domestic legal authority for the conclusion of all or part of such a binding international instrument as an executive agreement, as well as …


Engineering The Climate: Geoengineering As A Challenge To International Governance, David A. Wirth Dec 2013

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 …


Globalization And The Environment: Why All The Fuss?, David A. Wirth Nov 2011

Globalization And The Environment: Why All The Fuss?, David A. Wirth

David A. Wirth

The relationship between globalization and environmental policies presents more nuances than the popular paradigm of free trader versus self-serving protectionists, the familiar model of environmentalist battling greedy polluters, or the outmoded view of a progressive multilateral agenda juxtaposed against a parochial, inward-looking domestic one. This piece sets out a structural and analytical framework for addressing the major issues in the field -- including (1) unilateral trade-based measures to protect the environment; (2) science-based tests applied through trade agreements; (3) disciplines on foreign investment that may have a "chilling effect" on environmental regulation; and (4) the relationship between free trade agreements …


The International Organization For Standardization: Private Voluntary Standards As Swords And Shields, David A. Wirth Nov 2011

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

David A. Wirth

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. International trade agreements …


Globalizing The Environment, David A. Wirth Nov 2011

Globalizing The Environment, David A. Wirth

David A. Wirth

No abstract provided.


At War With The Environment, David A. Wirth Nov 2011

At War With The Environment, David A. Wirth

David A. Wirth

In this Article, Professor Wirth reviews the book National Defense and the Environment by Stephen Dycus, a recognized expert in both environmental and national security law. The emphasis of the book is on containing and remediating the environmental excesses of the American defense-industrial complex, with a domestic policy focus. While Professor Wirth considers Dycus’ work an intellectually rewarding and refreshing new entry into the ongoing environment-as-security colloquy, he does not consider the book to be accessible to a general audience given the book’s fundamentally legalistic nature.


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 Jun 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

David A. Wirth

No abstract provided.


Teaching And Research In International Environmental Law, David A. Wirth Dec 1998

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

David A. Wirth

No abstract provided.


Fulbright Report Of Organization For Security And Cooperation (Osce) Regional Research Program, David A. Wirth Jun 1998

Fulbright Report Of Organization For Security And Cooperation (Osce) Regional Research Program, David A. Wirth

David A. Wirth

Report on activities conducted with Fulbright support from 1996 to 1997.


Trade And The Environment: Equilibrium Or Imbalance?, David A. Wirth, Douglas J. Caldwell Dec 1995

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

David A. Wirth

No abstract provided.


The Rio Declaration On Environment And Development: Two Steps Forward And One Back, Or Vice Versa, David A. Wirth Dec 1994

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

David A. Wirth

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 Dec 1992

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

David A. Wirth

No abstract provided.


The North American Free Trade Agreement And U.S. Environmental Law, David A. Wirth Dec 1991

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

David A. Wirth

No abstract provided.