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Full-Text Articles in Law

Climate Change Law In And Over Time, Richard J. Lazarus Jan 2010

Climate Change Law In And Over Time, Richard J. Lazarus

San Diego Journal of Climate & Energy Law

The critical lesson for climate change legislation is that the pending lawmaking moment must include the enactment of provisions specifically designed to maintain the legislation’s ability to achieve its long-term objectives over the longer term. For climate change legislation to be successful, the new legal framework must simultaneously be flexible in certain respects and steadfast in others. Flexibility is necessary to allow for the modification of legal requirements over time in light of new information. Steadfastness or “stickiness” is important to maintain the stability of a law’s requirements over time. The need for both is particularly great for climate change …


Implications Of The Copenhagen Accord For Global Climate Governance, David B. Hunter Jan 2010

Implications Of The Copenhagen Accord For Global Climate Governance, David B. Hunter

Sustainable Development Law & Policy

Climate advocates are increasingly raising specific climate change concerns before domestic courts, human rights tribunals, international commissions and other national and international decisionmaking bodies. Win or lose, these litigation strategies are significantly changing and enhancing the public dialogue around climate change. This article discusses the awareness-building impacts of climate litigation as well as related impacts such strategies may have on the development of climate law and policy. The article argues that litigation's focus on specific victims facing immediate threats from climate change has increased the political will to address climate change both internationally and nationally. It has also shifted the …


Introductory Comments: The Current State Of Climate Change Law, Michael B. Gerrard Jan 2010

Introductory Comments: The Current State Of Climate Change Law, Michael B. Gerrard

Sustainable Development Law & Policy

No abstract provided.