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Articles 1 - 9 of 9
Full-Text Articles in Law
Climate Change Challenges For Land Conservation: Rethinking Conservation Easements, Strategies, And Tools, W. William Weeks, Jessica Owley, Federico Cheever, Adena R. Rissman, M. Rebecca Shaw, Barton H. Thompson
Climate Change Challenges For Land Conservation: Rethinking Conservation Easements, Strategies, And Tools, W. William Weeks, Jessica Owley, Federico Cheever, Adena R. Rissman, M. Rebecca Shaw, Barton H. Thompson
Articles by Maurer Faculty
Climate change has significant consequences for land conservation. Government agencies and nonprofit land trusts heavily rely on perpetual conservation easements. However, climate change and other dynamic landscape changes raise questions about the effectiveness and adaptability of permanent conservation instruments like conservation easements. Building upon a study of 269 conservation easements and interviews with seventy conservation-easement professionals in six different states, we examine the adaptability of conservation easements to climate change. We outline four potential approaches to enhance conservation outcomes under climate change: (1) shift land-acquisition priorities to account for potential climate-change impacts; (2) consider conservation tools other than perpetual conservation …
Advantages Of A Polycentric Approach To Climate Change Policy, Daniel H. Cole
Advantages Of A Polycentric Approach To Climate Change Policy, Daniel H. Cole
Articles by Maurer Faculty
Lack of progress in global climate negotiations has led scholars to reconsider polycentric approaches to climate policy. Several examples of subglobal mechanisms to reduce greenhouse-gas emissions have been touted, but it remains unclear why they might achieve better climate outcomes than global negotiations alone. Decades of work conducted by researchers associated with the Vincent and Elinor Ostrom Workshop in Political Theory and Policy Analysis at Indiana University have emphasized two chief advantages of polycentric approaches over monocentric ones: they provide more opportunities for experimentation and learning to improve policies over time, and they increase communications and interactions — formal and …
The Problem Of Shared Irresponsibility In International Climate Law, Daniel H. Cole
The Problem Of Shared Irresponsibility In International Climate Law, Daniel H. Cole
Articles by Maurer Faculty
States have treaty-based and customary international law-based responsibilities to ensure that greenhouse gas emissions emanating from their territory do not cause transboundary harm. However, those international legal responsibilities conflict with the observed behavior of states, which suggests a general rule of irresponsible treatment of the global commons. This paper, written for a conference (and eventual book) on shared responsibility in international law, examines that conflict and two potential mechanisms for resolving it: (1) international litigation and (2) various types of polycentric approaches to climate governance.
Several international legal scholars have been advocating litigation as a means of compensating victims and …
Planning For Adaptation To Climate Change: Lessons From The Us National Wildlife Refuge System, Robert L. Fischman, Vicky J. Meretsky, Alexei Babko, Michael Kennedy, Lei Liu, Michelle Robinson
Planning For Adaptation To Climate Change: Lessons From The Us National Wildlife Refuge System, Robert L. Fischman, Vicky J. Meretsky, Alexei Babko, Michael Kennedy, Lei Liu, Michelle Robinson
Articles by Maurer Faculty
US national wildlife refuges have recent, detailed management plans illustrating the state of planning for climate-change adaptation in protected areas. Discussion of and prescriptions for addressing climate change increased in refuge plans between 2005 and 2010 but decreased in 2011. The plans respond to some climate-change impacts on biodiversity and call for monitoring but with little clarity regarding how to act on monitoring results and scant attention to future changes in phenology and community composition. The threats posed by sea-level rise generated the best-developed plan prescriptions. Examples of excellent prescriptions provide models for future planning. Some decision-support tools, such as …
A Tradable Conservation Easement For Vulnerable Conservation Objectives, W. William Weeks
A Tradable Conservation Easement For Vulnerable Conservation Objectives, W. William Weeks
Articles by Maurer Faculty
The critical conservation objectives in some conservation easements will probably be compromised by the effects of climate change in the relatively near future. Prompted to consider that likelihood, we can similarly predict that landscape fragmentation, invasive species, and other catastrophes— anthropogenic and natural—may also seriously diminish the capacity of particular parcels of land to serve narrowly defined conservation purposes, and especially, the conservation of a particular element of biodiversity.
From Global To Polycentric Climate Governance, Daniel H. Cole
From Global To Polycentric Climate Governance, Daniel H. Cole
Articles by Maurer Faculty
Global governance institutions for climate change, such as those established by the United Nations Framework Convention on Climate Change and the Kyoto Protocol, have so far failed to make a significant impact on greenhouse gas emissions. Following the lead of Elinor Ostrom, this paper offers an alternative theoretical framework for reconstructing global climate policy in accordance with the polycentric approach to governance pioneered in the early 1960s by Vincent Ostrom, Charles Tiebout, and Robert Warren. Instead of a thoroughly top-down global regime, in which lower levels of government simply carry out the mandates of international negotiators, a polycentric approach provides …
The "Stern Review" And Its Critics: Implications For The Theory And Practice Of Benefit-Cost Analysis, Daniel H. Cole
The "Stern Review" And Its Critics: Implications For The Theory And Practice Of Benefit-Cost Analysis, Daniel H. Cole
Articles by Maurer Faculty
The UK's Treasury's "Stern Review: The Economics of Climate Change" (Oct. 2006) reached dramatically different conclusions and policy recommendations than most earlier economic analyses of climate change. It found that the costs of climate change, as well as the potential net benefits of greenhouse gas reductions, were much higher that previously estimated, and consequently recommended more rapid and extensive cuts in emissions than other economist analysts. The Stern Review estimated that a 1% annual investment of global GDP in mitigation could prevent a 5% (or more) reduction in annual global GDP from climate change harm, forever. A number of prominent …
Climate Change, Adaptation, And Development, Daniel H. Cole
Climate Change, Adaptation, And Development, Daniel H. Cole
Articles by Maurer Faculty
Since the signing the Kyoto Protocol, the international community has focused a great deal of attention on measures designed to reduce emissions of greenhouse gases. Much less attention has been paid to climate change adaption. This is unfortunate because, even if the Kyoto Protocol is fully implemented, climate change will generate substantial costs requiring substantial adaptation efforts, especially in the less developed countries (LDCs) of the world's tropical regions.
This paper considers what those countries should be doing in preparation for the effects of climate change, and what the countries of the developed world, including the United States, can and …
Global Warming And Property Interests: Preserving Coastal Wetlands As Sea Levels Rise, Robert L. Fischman
Global Warming And Property Interests: Preserving Coastal Wetlands As Sea Levels Rise, Robert L. Fischman
Articles by Maurer Faculty
No abstract provided.