Law Commons^™

The Tension Between Korean Environmental Protection Policies And U.S. Investors' Interests Under The U.S.-Korea Free Trade Agreement, Changsung Kang

Maurer Theses and Dissertations

South Korea’s low carbon and ‘green growth’ policies possess potential regulatory changes that reduce foreign investors’ interests and legitimate expectations concerning the profitability of their businesses. Although international investment law protects a government’s right to protect legitimate public welfare objectives, such as environmental protection, the investor-State dispute settlement provision allows foreign investors to seek compensation for a country’s law and policies contrary to their interests. On the other hand, investor-State dispute settlement provisions inherently have many problems. Despite the problems, protecting both foreign investors’ interests and States’ regulatory sovereignty is very important. For this reason, this dissertation examined why the …

Potential Regulatory Systems For Carbon Capture And Sequestration (Ccs): Legal Analysis Of The Current And Future Regulatory Systems And Recommendations For Acceptance In South Korea, Moonsook Park

Maurer Theses and Dissertations

The purpose of this dissertation is to create legal and regulatory systems for Carbon Capture and Sequestration (CCS), based on demonstrating rationales of this technology. This dissertation analyzes whether or not existing international and domestic (including the United States, Australia, China, and South Korea) laws could cover potential legal issues. After exploring desirable directions for addressing key legal issues regarding CCS, this dissertation ultimately aims to set up a legal and regulatory framework for CCS in South Korea.

Specifically, permits, environmental impact assessments, liability, and property rights issues are of common importance, which are priority areas to establish well. In …

The Taming Of The Precautionary Principle, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

Environmental Instrument Choice In A Second-Best World: A Comment On Professor Richards, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

Clearing The Air: Four Propositions About Property Rights And Environmental Protection, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

When Is Command-And-Control Efficient? Institutions, Technology, And The Comparative Efficiency Of Alternative Regulatory Regimes For Environmental Protection, Daniel H. Cole, Peter Z. Grossman

Articles by Maurer Faculty

Contrary to the conventional wisdom among economists and legal scholars, command-and-control (CAC) environmental regulations are not inherently inefficient or invariably less efficient than alternative "economic" instruments (EI). In fact, CAC regimes can be and have been efficient (producing net social benefits), even more efficient in some cases that alternative EI regimes.

Standard economic accounts of CAC are insensitive to the historical, technological, and institutional contexts that can influence (and sometimes determine) the efficiency of alternative regulatory regimes. A regime that is nominally or relatively efficient in one set of circumstances may be nominally or relatively inefficient in another. In some …

The Perils Of Unreasonable Risk: Information, Regulatory Policy, And Toxic Substances Control, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

Book Review. Federal Environmental Law (E. Dolgin And T. Guilbert, Eds.), A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

The Application Of The National Environmental Policy Act Of 1969 To The Darien Gap Highway Project, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Environmental Regulation Of Power Plant Siting: Existing And Proposed Institutions, A. Dan Tarlock, Roger Tippy, Frances Enseki Francis

Articles by Maurer Faculty

No abstract provided.

Air Pollution Control In Indiana In 1968: A Comment, Julian Conrad Juergensmeyer, Anita L. Morris

Articles by Maurer Faculty

No abstract provided.

Control Of Air Pollution Through The Assertion Of Private Rights, Julian Conrad Juergensmeyer

Articles by Maurer Faculty

Air pollution is clearly one of the major social problems confronting contemporary American society. Yet the United States is still without an effective federal pollution control program, and those state and local control programs that do exist are largely ineffective. Until government regulation is able to keep the expulsion of air contaminants within tolerable limits, it will be necessary for those seeking to control air pollution to rely upon the assertion of private rights. In this article the author discusses the principal causes of action available to the private pollution controller, and concludes that, although traditional legal concepts may provide …