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David A. Wirth

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Full-Text Articles in Law

Cracking The American Climate Negotiators’ Hidden Code: United States Law And The Paris Agreement, David A. Wirth Mar 2016

Cracking The American Climate Negotiators’ Hidden Code: United States Law And The Paris Agreement, David A. Wirth

David A. Wirth

The United States’ position in, and conduct of, the negotiations leading to the Paris Agreement, as with almost all international diplomacy leading to reciprocal international undertakings conducted by that country, reflected not only internal politics, but also the constraints of domestic law. The United States is not unique in this respect, but it is unusual in the extent to, and manner in which, its municipal law constrains the creation of international commitments. This article disaggregates US international and domestic climate policy as it developed prior to the Paris negotiations and analyses how those dynamics played out on the multilateral stage, …


Engineering The Climate: Geoengineering As A Challenge To International Governance, David A. Wirth Dec 2013

Engineering The Climate: Geoengineering As A Challenge To International Governance, David A. Wirth

David A. Wirth

The challenge of global climate change has attracted recommendations for remediation from a number of professions, including engineering. The possibilities suggested for “geoengineering” the climate generally fall into one of two categories: (1) carbon capture and storage; and (2) solar radiation management. Specific and often controversial proposals include the aerial dispersion of aerosols, launching reflective gratings into orbit around the Earth, and seeding the oceans with iron filings. These proposals share a number of characteristics, including the following: (1) they can often be undertaken within the territorial jurisdiction of a single state or in areas beyond national jurisdiction; (2) they …