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Articles 1 - 29 of 29
Full-Text Articles in Law
Climate And Water Governance Chapters, Prof. Elizabeth Burleson
Climate And Water Governance Chapters, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Waters and Water Rights is the authoritative reference on this highly complex and rapidly evolving area of law. Primarily national in scope, but with interstate, state-specific and international coverage, this treatise contains more in-depth information than any other publication on legal issues involving water rights, water usage and water quality. These issues are of increasing importance to counsel and their clients for several reasons: • Water is the resource that will likely require the greatest adaptation to many of the most critical impacts of climate change, and may also provide opportunities for climate change mitigation. • Water has long been …
Arctic Justice: Addressing Persistent Organic Pollutants, Prof. Elizabeth Burleson
Arctic Justice: Addressing Persistent Organic Pollutants, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This article recommends enhanced governance of persistent organic pollutants through incentives to develop environmentally sound, climate friendly technologies as well as caution in developing the Arctic. It highlights the toxicity challenges presented by POPs to Arctic people and ecosystems.
Polar Law And Good Governance, Prof. Elizabeth Burleson
Polar Law And Good Governance, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This chapter will assess the Antarctic Treaty System, ask what polar lessons can be learned regarding common pool resources, and analyze law of the sea and related measures. It will consider such substantive areas as Arctic and Antarctic natural resource management and procedural opportunities as inclusive governance structures. Enhancing good governance can occur through trust building forums that bring together stakeholders, share information, and make environmentally sound decisions regarding sustainable development.
Tribes As Essential Partners In Achieving Sustainable Governance, Prof. Elizabeth Burleson
Tribes As Essential Partners In Achieving Sustainable Governance, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Indigenous peoples have modeled sustainable development around the world. Incentivizing the innovation and instillation of wind, solar, and other renewable energy sources can come in the form of public funding, including renewable portfolio standards, feed in tariffs and green tag programs. This article analyzes ways in which tribal communities are helping to expand cooperative good governance.
Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson
Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This Article analyzes the development and dissemination of environmentally sound technologies that can address climate change. Climate change poses catastrophic health and security risks on a global scale. Universities, individual innovators, private firms, civil society, governments, and the United Nations can unite in the common goal to address climate change. This Article recommends means by which legal, scientific, engineering, and a host of other public and private actors can bring environmentally sound innovation into widespread use to achieve sustainable development. In particular, universities can facilitate this collaboration by fostering global innovation and diffusion networks.
Cancun Climate Negotiations, Prof. Elizabeth Burleson
Cancun Climate Negotiations, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
The United Nations Climate Change Conference, held from November 29 to December 11, 2010, in Cancún, Mexico, relaunched the United Nation's multilateral facilitation role.
Tribes As Essential Partners In Achieving Sustainable Governance, Prof. Elizabeth Burleson
Tribes As Essential Partners In Achieving Sustainable Governance, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Indigenous peoples have modeled sustainable development around the world. Incentivizing the innovation and instillation of wind, solar, and other renewable energy sources can come in the form of public funding, including renewable portfolio standards, feed in tariffs and green tag programs. This article analyzes ways in which tribal communities are helping to expand cooperative good governance.
Water, Climate, And Energy Security, Prof. Elizabeth Burleson
Water, Climate, And Energy Security, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Civil society participation can facilitate sound energy, climate, and water governance. This article analyzes the dynamics of transnational decision-making. Part II discusses sound energy strategy in light of a shrinking water-resources base due to climate change. Part III considers how public participation in international decision-making can sustain trust in governments and strengthen the legitimacy of legal decisions. Part IV concludes that process and outcome are both integral to addressing water, climate, and energy challenges.
From Coase To Collaborative Property Decision-Making: Green Economy Innovation, Prof. Elizabeth Burleson
From Coase To Collaborative Property Decision-Making: Green Economy Innovation, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This Article considers the advantages and disadvantages of market-based program design, natural gas regulation, and enhanced international understanding. Transitioning to a green economy involves dedicating efforts towards environmentally sound energy innovation. RGGI, natural gas, and climate change represent sustainability challenges. Optimizing cooperative transboundary green innovation can facilitate inclusive decision-making just as public participation by civil society can help economies transition to environmentally sound energy use. Building upon progress made in the human rights and environment fields can advance both and enhance resilience.
Energy Revolution And Disaster Response In The Face Of Climate Change, Prof. Elizabeth Burleson
Energy Revolution And Disaster Response In The Face Of Climate Change, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Nuclear meltdown in Japan and civil society strife across the Middle East highlight the degree to which resilience is core to international peace and security. This article considers the means by which communities can become increasingly resilient through shared best practices across a range of climate change measures.
From Nondiscrimination To Civil Marriage, Prof. Elizabeth Burleson
From Nondiscrimination To Civil Marriage, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
As William Faulkner explained, we must be free not because we claim freedom, but because we practice it. This article analyzes the continuing constitutional struggle for civil rights on the basis of sexual orientation, concentrating on the constitution state's critique of its constitution. Connecticut is currently at the forefront of recognizing civil rights. Connecticut has ruled that discrimination against gay and lesbian persons is subject to intermediate scrutiny, which has historically been used to review laws that employ quasi-suspect classifications such as gender. Civil marriage for same sex couples is legal in Connecticut, Iowa, Maine, Massachusetts, New Hampshire and Vermont. …
China In Context: Energy, Water, And Climate Cooperation, Prof. Elizabeth Burleson
China In Context: Energy, Water, And Climate Cooperation, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Climate resilient communities can be achieved with the support of global research, development, deployment, and diffusion of environmentally sound low GHG emission technologies and processes. Technology cooperation should lower emissions remaining mindful of biodiversity, ecosystem services and livelihoods. China and the United States need to respond effectively to both economic and climate crises and can do so in part by cooperating on environmentally sound technology that transforms the global use of energy.
International Human Rights Law And Co-Parent Adoption, Prof. Elizabeth Burleson
International Human Rights Law And Co-Parent Adoption, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Children would benefit substantially if governments legally recognized same sex marriages and parenting. This article analyzes international human rights law, co-parent adoption, and the recognition of gay and lesbian families. It addresses civil marriage and adoption challenges for same sex families and assesses European Court of Human Rights jurisprudence relating to same-sex adoption. This article considers the international community's efforts to implement the best interest of the child standard concluding that recognition of same sex families is in the best interest of the child and should be facilitated in a timely manner by jurisdictions at all levels.
Climate Change Displacement To Refuge, Prof. Elizabeth Burleson
Climate Change Displacement To Refuge, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This article analyzes the interaction between international human rights law and climate change law. Part II discusses climate induced migration, human rights law and refugee status. Part III considers the role of the United Nations Security Council in climate-induced insecurity. Part IV concludes that maintaining international peace and security requires timely codification of climate measures that address ecomigration. Beyond mitigation, adaptation, technology, and funding, other climate cross cutting issues continue to challenge the international community. The demographics, economies, and geographic features of given countries impact their priorities in the ongoing negotiations. Irrespective of the given impact that climate change will …
Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson
Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This article analyzes the importance of increasing civil society actor access to and influence in international legal and policy negotiations, drawing from academic scholarship on governance, conservation and environmental sustainability, natural resource management, observations of civil society actors, and the authors’ experiences as participants in international environmental negotiations.
Emerging Law Addressing Climate Change And Water, Prof. Elizabeth Burleson
Emerging Law Addressing Climate Change And Water, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
The World Economic Forum recognizes that while restrictions on energy affect water systems and vice versa, energy and water policy are rarely coordinated. The International Panel on Climate Change predicts that wet places will become wetter and dry places will become dryer. Transboundary water, energy and climate coordination can occur through international consensus building.
Climate Change Consensus: Emerging International Law, Prof. Elizabeth N. Burleson
Climate Change Consensus: Emerging International Law, Prof. Elizabeth N. Burleson
Prof. Elizabeth Burleson
This article focuses on emerging international law addressing climate change. Providing a background on international negotiations, it considers the greenhouse gas emissions targets needed to avert catastrophic climate change. Assessing the funding debate, this article concludes that agreement in Copenhagen must result in a comprehensive instrument with which to maintain global emissions below 350 parts per million of carbon dioxide. Multilateral coordination can develop an effective framework for climate stabilization.
Wind Power, National Security, And Sound Energy Policy, Prof. Elizabeth Burleson
Wind Power, National Security, And Sound Energy Policy, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Wind-generated electricity in the United States has grown by more than 400 percent since 2000. According to the Department of Energy, 6 percent of US land could supply more than one and a half times the current electricity consumption of the country. Yet, challenges remain in matching demand for electricity with supply of wind as well as achieving grid parity. Careful wind turbine and transmission line siting can occur through cooperation between federal, state, tribal, and civil society participation in decision-making. Tribal wind initiatives have shown that developing wind power can also benefit rural communities. Congress should pass a national …
Energy Security, Green Job Creation, And Youth Innovation, Prof. Elizabeth Burleson
Energy Security, Green Job Creation, And Youth Innovation, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Global energy demand is likely to increase by 45 percent by 2030. Climate change will threaten existing employment and necessitate new green jobs. Funding has gone towards such renewable energy technologies as wind and solar; such fuel economy options as second-generation hybrids, plug-in electrics, and fuel cell vehicles; increased appliance efficiency; and such water-efficient farming methods as drip irrigation. Youth innovation can play a powerful role in achieving sustainable development. Nobel Peace Prize winner Professor Muhammad Yunus has demonstrated how micro finance in the form of small loans can help poor people start or expand entrepreneurial endeavors. Government funded research …
Energy Policy, Intellectual Property And Technology Transfer To Address Climate Change, Prof. Elizabeth Burleson
Energy Policy, Intellectual Property And Technology Transfer To Address Climate Change, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
A weather beaten economy has become a wake up call. The International Energy Agency predicts that carbon emissions will rise 130 percent and oil demand will rise 70 percent by 2050. A sound energy policy that addresses climate change relies upon widespread transfer and implementation of environmentally sound technology. Multilateral cooperation can achieve environmentally sound technology transfer within in a meaningful time frame to address climate change.
Water Is Security, Prof. Elizabeth Burleson
Water Is Security, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Reasonable and equitable water resource decision-making is at the core of good governance around the world. Sustained water collaboration is an antidote to foreign relations disintegration. Lack of water quality and quantity policies can lead to water insecurity for everyone, yet bureaucratic obstacles such as inertia and corruption must be averted in altering water governance schemes. There are multiple ways to lower transaction costs and strive for optimal water use. Several ingredients of good water governance include: (1) broad participation through the entire decision-making process; (2) transparent flow of information; (3) equitable opportunities to increase well-being; (4) accountability from governments, …
A Climate Of Extremes: Transboundary Conflict Resolution, Prof. Elizabeth Burleson
A Climate Of Extremes: Transboundary Conflict Resolution, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This Article examines evolving climate change policy. In April 2007 Massachusetts v. Environmental Protection Agency clarified that the EPA has the authority to regulate greenhouse gas emissions. This Supreme Court ruling coincided with the United Nations Security Council's decision to put climate change on its agenda. The Intergovernmental Panel on Climate Change (IPCC) has found that anthropogenic climate change has impacted the natural world and human societies. Scientific and governmental consensus has coalesced that multilateral climate mitigation and adaptation must be implemented. International institutions, governments, businesses, non-governmental organizations, and civil society can achieve multilateral greenhouse gas mitigation and climate adaptation.
Water Leadership And The Rights Of Youth To Sustainable Development, Prof. Elizabeth Burleson
Water Leadership And The Rights Of Youth To Sustainable Development, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Reasonable and equitable use of water can help achieve local, regional, and international peace and security. This Article addresses water security around the world. Lack of safe drinking water and sanitation kills roughly 4500 children a day according to the World Health Organization. Youth have an important role to play as stakeholders with the longest range interests in policy outcomes. We have a shared responsibility to ensure water access and water quality. This Article concludes that clean technology transfer in particular and international cooperation generally can facilitate informed decisions upon which egalitarian agreements can establish sustainable watershed management.
Tribal, State, And Federal Cooperation To Achieve Good Governance, Prof. Elizabeth Burleson
Tribal, State, And Federal Cooperation To Achieve Good Governance, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Jurisdictional uncertainty affects tribal sovereignty and public safety. Management of natural resources remains one of the few realms of authority over which tribes have retained control. Ancient wild rice harvesting by the Chippewa provides a context in which to consider a tribes ability to set water standards, as does Pueblo ceremonial use of the Rio Grande River. Cooperative tribal, state, federal, and international responses to the Methamphetamine crisis can address both environmental and human health. This study examines the prospect for integrated protection of health and habitat based upon comity and cooperation. It examines the parameters of homeland security and …
Multilateral Climate Change Mitigation, Prof. Elizabeth Burleson
Multilateral Climate Change Mitigation, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
A long-term framework to address climate change is within political reach. This article examines how greenhouse gas mitigation can occur across economic and political fault lines. Climate is a public good requiring the development of an energy strategy based upon international cooperation, energy efficiency, and sustainable technological development.
Middle Eastern And North African Hydropolitics: From Eddies Of Indecision To Emerging International Law, Prof. Elizabeth Burleson
Middle Eastern And North African Hydropolitics: From Eddies Of Indecision To Emerging International Law, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
The death of Yasser Arafat, removal of Saddam Hussein, passage of United Nations Security Council Resolution 1483, and conflict in Sudan significantly alter the geopolitics of the Middle East and North Africa. International law consists of the accretion of co-aquifer agreements as well as international treaties. Recent codification efforts have provided a framework with which co-aquifer states can address transboundary natural resources through flexible water use provisions, equitable distribution of water benefits, and strong dispute resolution mechanisms. This article applies the multifactor balancing test of the Draft Convention on the Law of Transboundary Aquifers to the Israeli-Palestinian conflict and analyzes …
Equitable And Reasonable Use Of Water In The Euphrates-Tigris River Basin, Prof. Elizabeth Burleson
Equitable And Reasonable Use Of Water In The Euphrates-Tigris River Basin, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
The geopolitics of the Euphrates-Tigris River Basin are marked by a scarcity of both water and trust. Management of transboundary water resources has become one of the most significant challenges to the international community. Limited territorial sovereignty is emerging as a customary rule of international law and is supported by the Convention on the Law of Non-navigational Uses of International Watercourses, the Gabcikovo-Nagymaro case, a growing number of regional water treaties, and the majority of the most highly qualified scholars. The International Court of Justice has condemned unilateral action. Joint water management commissions and authorities enhance adaptable co-riparian cooperation. By …
Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson
Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
European human rights law and multilateral conventions have raised United States death penalty policy to an international level. Treaties and international institutions have impacted the extradition of capital offenders and influenced the development of human rights law within the United States. Refusal to extradite without assurances that the death penalty will not be imposed has continuing ramifications for the implementation of transnational counter-terrorism measures. Determining a contemporary standard of decency regarding cruel and unusual punishment, what shocks the public conscious, or what constitutes torture depends upon what societal parameters one uses. The Supreme Court's readiness to examine international developments in …
Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson
Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Transboundary environmental problems do not distinguish between political boundaries. Global warming is expected to cause thermal expansion of water and melt glaciers. Both are predicted to lead to a rise in sea level. We must enlarge our paradigms to encompass a global reality and reliance upon global participation.