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Articles 1 - 21 of 21
Full-Text Articles in Law
Opening Speech, Claudio Grossman
Opening Speech, Claudio Grossman
American University Law Review
Good morning and good afternoon, depending on your time zone. It is a great pleasure to introduce this conference on “Sea Level Rise and International Law: Assessing its Impacts on the Americas.” Sea level rise is a pressing global challenge that could generate catastrophic effects, including in the Americas, which are surrounded by four oceans: the Arctic, the Antarctic, the Atlantic, and the Pacific. Several of the countries in the Region could suffer disproportionately from the consequences of this serious phenomenon. The implications for States and people all over the world are devastating, making rising sea levels a matter of …
Introduction To The International Law Comission's Work On Sea Level Rise In Relation To International Law, Bogdan Aurescu, Nilufer Oral
Introduction To The International Law Comission's Work On Sea Level Rise In Relation To International Law, Bogdan Aurescu, Nilufer Oral
American University Law Review
Thank you so much for the presentation. Good morning, good afternoon, and good evening to everybody—in accordance with the respective time that you are speaking. I am very honored to be invited to this conference, and I am also very honored that I am sharing this presentation together with my good colleague and friend, Nilüfer Oral. We are both co-chairs of the Study Group on Sea-Level Rise in Relation to International Law of the International Law Commission, together with the other colleagues, some of them I think are attending this session online, Patrícia Galvão-Teles and Juan José Ruda Santaloria together …
Climate Change And Sea Level Rise: Assessing Their Impacts On Belize, Carlos Fuller
Climate Change And Sea Level Rise: Assessing Their Impacts On Belize, Carlos Fuller
American University Law Review
First of all, as we all know, there are three aspects of climate change that we know occur. The first is the increase of global temperatures because of greenhouse gas emissions in the atmosphere. As a result of the warming of the oceans, sea levels rise; but even more importantly, additional fresh water is entering the oceans, which is now the predominant factor leading to increased sea-level rates. Finally, a change of the hydrological cycle—because of warmer temperatures, we are seeing more extreme weather events and shifts in precipitation patterns.
The impacts, however, are more important—for example, the impacts of …
Latin America's Contribution To The Normative Discussion Around Rising Sea Levels: Incorporating The Principles Of Uti Possidetis And Solidarity, Wagner Menezes
Latin America's Contribution To The Normative Discussion Around Rising Sea Levels: Incorporating The Principles Of Uti Possidetis And Solidarity, Wagner Menezes
American University Law Review
Ladies and gentlemen, dear colleagues, good morning. Initially, I would like to give thanks for the kind invitation made by Professor Claudio Grossman and now members of the committee to participate in this special conference on sea level rise and International Law’s impact on the Americas, which has set up an ahead of time debate due to the effects that are being experienced by the entire international community.
The conference that preceded me today highlighted the emergence of this discussion, and this systemic character that involves its interpretation by impacting our states and peoples, demanding coordinated action in a spirit …
Approaches To Sea Level Rise: A Comparative View Of Emerging Policy Responses By The African And The American Regions, Charles Chernor Jalloh
Approaches To Sea Level Rise: A Comparative View Of Emerging Policy Responses By The African And The American Regions, Charles Chernor Jalloh
American University Law Review
It is a great privilege to be here with all of you tonight. Thank you very much to you, Professor Grossman, the moderator of this panel, and to all the organizers for inviting me to be part of this really important event. I hope this is the first of many such events concerning this really pressing issue for the international community: the issue of sea level rise which is already affecting peoples and States in many different regions of our world.
Algunas Reflexiones Sobre La Condicion De Estado En Relacion Con La Elevacion Del Nivel Del Mar, Juan Jose Ruda Santolaria
Algunas Reflexiones Sobre La Condicion De Estado En Relacion Con La Elevacion Del Nivel Del Mar, Juan Jose Ruda Santolaria
American University Law Review
Estimados amigos y amigas:
Deseo, en primer lugar, agradecer a los promotores de esta iniciativa por su amable invitación y compromiso con el tratamiento de la importante temática que nos convoca. Al mismo tiempo, quiero destacar mi satisfacción por participar en esta actividad y hacerlo además con personas muy valiosas, por quienes siento especial aprecio, así como recalcar que voy a compartir con ustedes algunas reflexiones sobre la condición de estado en relación con la elevación del nivel del mar de carácter personal, es decir, que no comprometen a la Comisión de Derecho Internacional de las Naciones Unidas y son …
Ambulatory Versus Fixed Baselines Under The Law Of The Sea, Sean Murphy
Ambulatory Versus Fixed Baselines Under The Law Of The Sea, Sean Murphy
American University Law Review
When “diving” into consideration of sea-level rise issues, one finds various “pools” of international law that are perfectly suited for answering some of the issues we are addressing. For example, Professor Galvão Teles spoke about the protection of persons in the event of sea-level rise. There are, of course, various aspects of human rights law and international law relating to disasters that can be employed to resolve some of the concerns in that regard. It is just a question of applying that law to a new, factual phenomenon.
Having said that, there are some areas where existing international law is …
The "Human Face" Of Sea-Level Rise: Protection Of Persons Affected, Patricia Galvao Teles
The "Human Face" Of Sea-Level Rise: Protection Of Persons Affected, Patricia Galvao Teles
American University Law Review
Thank you so much, Professor Grossman. I will not take time from my presentation to do a long thank you or introduction, but I really wanted to thank you warmly, Claudio, for putting together these two days of conversation so that we can connect with the Americas and also have your contributions and your experiences to our work, which you, Claudio, have committed to and are delivering on your promise to help us to navigate through what is going on in the Americas concerning sea-level rise. This is very important because, as it was mentioned, the Commission works based on …
U.S. Climate Change Law: A Decade Of Flux And An Uncertain Future, Cinnamon P. Carlarne
U.S. Climate Change Law: A Decade Of Flux And An Uncertain Future, Cinnamon P. Carlarne
American University Law Review
No abstract provided.
Sustainable Development Arrested By U.S. Criminal Law, Steven Ferrey
Sustainable Development Arrested By U.S. Criminal Law, Steven Ferrey
American University Law Review
No abstract provided.
Using The Supreme Court's Enigmatic Commerce Clause Holding In Sebelius To Challenge Congress's Broken Renewable Fuel Standard, Corey J. Walker
Using The Supreme Court's Enigmatic Commerce Clause Holding In Sebelius To Challenge Congress's Broken Renewable Fuel Standard, Corey J. Walker
American University Law Review
No abstract provided.
"No Ordinary Lawsuit": Climate Change, Due Process, And The Public Trust Doctrine, Michael Blumm, Mary Christina Wood
"No Ordinary Lawsuit": Climate Change, Due Process, And The Public Trust Doctrine, Michael Blumm, Mary Christina Wood
American University Law Review
On November 10, 2016, just two days after the election of President Donald Trump, the federal district court in Oregon handed down Juliana v. United States. This remarkable decision refused to dismiss a lawsuit brought by youth plaintiffs who claimed that the federal government's fossil fuel policies over the years, which have produced an atmosphere with dangerous levels of greenhouse gases (GHGs), violated the federal public trust doctrine (PTD) and their federal constitutional rights to due process and equal protection. The court found a constitutional right to a stable climate system, determining that the PTD was an implicit part of …
Clogging The Pipeline: Exploring The D.C. Circuit's Improper Segmentation Analysis In Delaware Riverkeeper Network V. Ferc, Mary-Kaitlin E. Rigney
Clogging The Pipeline: Exploring The D.C. Circuit's Improper Segmentation Analysis In Delaware Riverkeeper Network V. Ferc, Mary-Kaitlin E. Rigney
American University Law Review
Technological advancement in drilling techniques, primarily hydraulic fracturing, has provided access to previously unreachable natural gas reserves. Much of this increase in natural gas production is derived from the Marcellus Shale, a shale formation that spans Ohio, Pennsylvania, West Virginia, and New York. This surge in natural gas production has prompted natural gas pipeline companies to upgrade their pipeline networks. Pipeline companies must apply for certificates of public convenience and necessity from the Federal Energy Regulatory Commission (FERC) and, if approved, perform an environmental evaluation, as required by the National Environmental Policy Act (NEPA). In examining the environmental impacts of …
Waiting To Exhale?: Global Warming And Tax Policy, Roberta Mann
Waiting To Exhale?: Global Warming And Tax Policy, Roberta Mann
American University Law Review
This article explores the links between energy policy, tax policy and global warming. This article focuses on tax policy, because the emerging consensus among legal scholars favors economic incentives rather than command-and-control regulations for reaching environmental goals, and the Federal income tax has proved an effective delivery system for economic incentives.
After briefly discussing of the science of global warming and the provisions of the Kyoto Protocol on Climate Change, the article reviews the impact of both existing tax law and current proposals for energy legislation on global warming, as well as potential international law consequences of failure to act …
Out Of The Black Hole: Reclaiming The Crown Of King Coal, Wendy B. Davis
Out Of The Black Hole: Reclaiming The Crown Of King Coal, Wendy B. Davis
American University Law Review
No abstract provided.
What's Your Water Worth? Why We Need Federal Fine Guidelines For Corporate Environmental Crime , Mark H. Allenbaugh
What's Your Water Worth? Why We Need Federal Fine Guidelines For Corporate Environmental Crime , Mark H. Allenbaugh
American University Law Review
No abstract provided.
Environmental Justice And Community Empowerment: Learning From The Civil Rights Movement , R. Gregory Roberts
Environmental Justice And Community Empowerment: Learning From The Civil Rights Movement , R. Gregory Roberts
American University Law Review
No abstract provided.
Environmental Justice: Bridging The Gap Between Environmental Laws And "Justice" , Alice Kaswan
Environmental Justice: Bridging The Gap Between Environmental Laws And "Justice" , Alice Kaswan
American University Law Review
No abstract provided.
The Growth Of Environmental Issues In Government Contracting, Chris M. Amantea, Stephen C. Jones
The Growth Of Environmental Issues In Government Contracting, Chris M. Amantea, Stephen C. Jones
American University Law Review
No abstract provided.
Extraterritorial Reach Of Nepa's Eis Requirement After Environmental Defense Fund V. Massey, Karen A. Klick
Extraterritorial Reach Of Nepa's Eis Requirement After Environmental Defense Fund V. Massey, Karen A. Klick
American University Law Review
No abstract provided.
"Environmentally Friendly" Product Advertising: Its Future Requires A New Regulatory Authority, Thomas C. Downs
"Environmentally Friendly" Product Advertising: Its Future Requires A New Regulatory Authority, Thomas C. Downs
American University Law Review
No abstract provided.