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Full-Text Articles in Law
Trade Administration, Kathleen Claussen
Trade Administration, Kathleen Claussen
Articles
At the core of public debates about trade policy making in the United States and the so-called "trade war" is a controversy over who should be responsible for making U.S. trade law: Congress or the President. What these important conversations miss is that underlying much of our trade policy in recent decades is a widespread executive-branch lawmaking apparatus with monitoring, rulemaking, adjudicative, and enforcement features that operates in considerable shadow. Executive branch agencies are now the primary actors in trade lawmaking. This Article excavates that critical underbelly: what I call our "trade administrative state." It maps the trade administrative state's …
The Paris Agreement Compliance Mechanism: Beyond Cop 26, Jessica Owley, Imad Antoined Ibrahim, Sandrine Maljean-Dubois
The Paris Agreement Compliance Mechanism: Beyond Cop 26, Jessica Owley, Imad Antoined Ibrahim, Sandrine Maljean-Dubois
Articles
Without an international tribunal or tools like trade sanctions, there is little to coerce or encourage adherence with environmental treaties. The Paris Agreement, the governing global agreement to address climate change, relies on voluntary global cooperation. Countries determine their own commitments by setting nationally determined contributions of greenhouse gases emissions. The main mandatory elements of the agreement are reporting requirements. The success of the agreement turns on whether countries comply with these requirements. Article 15 of the Paris Agreement establishes a Compliance Committee and sets forth the mechanisms to ensure and facilitate compliance with the agreement. Yet, as with the …