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Articles 1 - 18 of 18
Full-Text Articles in Law
What Lies Beneath: Usmca Chapter 24 And Sub-National Governance Of Environmental Issues, Alexandra R. Harrington
What Lies Beneath: Usmca Chapter 24 And Sub-National Governance Of Environmental Issues, Alexandra R. Harrington
Pace Environmental Law Review
This article examines the sub-national governance issues existing in the USMCA through the lens of environmental law and regulation in each of the three State Parties. It asserts that the governance gaps created by failing to include the terms of sub-national laws in the express parameters of the USMCA are significant and can pose a challenge to the successful implementation of the Agreement now and into the future. The decision to focus on the USMCA regime was made because of the recent timing of its negotiation, the many efforts made by all sides to incorporate critical non-trade issues into the …
Addressing Correlations Between Gender-Based Violence And Climate Change: An Expanded Role For International Climate Change Law And Education For Sustainable Development, Achinthi C. Vithanage
Addressing Correlations Between Gender-Based Violence And Climate Change: An Expanded Role For International Climate Change Law And Education For Sustainable Development, Achinthi C. Vithanage
Pace Environmental Law Review
No abstract provided.
Bringing Animal Protection Legislation Into Line With Its Purported Purposes: A Proposal For Equality Amongst Non-Human Animals, Jane Kotzmann, Gisela Nip
Bringing Animal Protection Legislation Into Line With Its Purported Purposes: A Proposal For Equality Amongst Non-Human Animals, Jane Kotzmann, Gisela Nip
Pace Environmental Law Review
The United States has a strong history of enacting laws to protect animals from the pain and suffering inflicted by humans. Indeed, the passage of the Massachusetts’ Body of Liberties in 1641 made it the first country in the world to pass such laws. Nevertheless, contemporary animal protection laws in all jurisdictions of the United States are limited in their ability to adequately realize their primary purpose of protecting animals from unnecessary or unjustifiable pain and suffering. This is a result of limited statutory definitions of ‘animal’ and far-reaching exclusions commonly found in animal protection legislation. These exclusions frequently apply …
Biodiversity Impacts Of Investment And Free Trade Agreements, Lee C. Rarrick
Biodiversity Impacts Of Investment And Free Trade Agreements, Lee C. Rarrick
Pace Environmental Law Review
The following Article identifies the myriad ways in which international investment and free trade agreements interact with biodiversity. It categorizes these interactions into three main groups and provides a literature review of the various real-world and policy impacts. The first part analyses arbitration procedures in these agreements that investors and trade partners can invoke to protect their economic expectations from otherwise proper State action, including regulation that is intended to promote biodiversity. The next part evaluates biodiversity provisions that are included directly in the free trade and investment agreements themselves, or in side agreements thereto. Some of these provisions reference …
Seeing The Forest For The Trees: Public And Private Law Tools For Halting Deforestation, Harriette I. Resnick
Seeing The Forest For The Trees: Public And Private Law Tools For Halting Deforestation, Harriette I. Resnick
Pace Environmental Law Review
No abstract provided.
Climate Displaced Peoples: Utilizing Regional Approaches To Combat Climate-Induced Displacement In The 21st Century, Oshani Amaratunga
Climate Displaced Peoples: Utilizing Regional Approaches To Combat Climate-Induced Displacement In The 21st Century, Oshani Amaratunga
Pace Environmental Law Review
No abstract provided.
The Time Has Come For A Universal Water Tribunal, Tarek Majzoub, Fabienne Quilleré-Majzoub
The Time Has Come For A Universal Water Tribunal, Tarek Majzoub, Fabienne Quilleré-Majzoub
Pace Environmental Law Review
Since its inception in 1981, the International Water Tribunal has emerged as a non-governmental body with a multidisciplinary composition and a mandate based on conventional and customary international water law, which holds public hearings in order to address water-related complaints. This Article describes the historical background of the proposed Universal Water Tribunal (“UWT”) and significant difficulties on the horizon facing the proposed Tribunal (including political, practical, and legal-technical considerations). It then summarizes the key factors of such Tribunal and, finally, touches upon the proposed model based on an expanded concept of jurisdiction. The main underlying thesis is that, whereas the …
President Trump’S Unilateral Attempt To Cease All Implementation Of The Paris Agreement And To Withdraw From It: Constitutional?, Phillip M. Kannan
President Trump’S Unilateral Attempt To Cease All Implementation Of The Paris Agreement And To Withdraw From It: Constitutional?, Phillip M. Kannan
Pace Environmental Law Review
In his announcement, President Trump stated that he would comply with the withdrawal provision in the Paris Agreement. This Essay argues that, while compliance with that process may satisfy the treaty obligation, it probably does not conform to U.S. constitutional standards, and therefore, would not be binding on the United States. The argument demonstrating the failure of the President to satisfy constitutional standards proceeds as follows. Part I develops the context in which the Paris Agreement arose. Part II briefly summarizes the Paris Agreement. In Part III, I argue that President Trump’s attempt to cease implementation of the Paris Agreement …
Bringing The European Eel Back From The Brink: The Need For A New Agreement Under The Convention On Migratory Species, Chris Wold
Pace Environmental Law Review
The European eel is considered “Critically Endangered.” Its population has been declining due to overutilization, barriers to migration such as dams, pollution, and climate change. The international community has responded by including the European eel in Appendix II of the Convention on International Trade in Endangered Species (“CITES”) to regulate international trade and Appendix II of the Convention on Migratory Species (“CMS”) to help improve the species conservation status. The EU has taken regional action to prohibit imports into and exports from EU Member States, although intra-EU trade is permissible. Despite these actions, the eel’s conservation status might not be …
Migratory Waterbird Conservation At The Flyway Level: Distilling The Added Value Of Aewa In Relation To The Ramsar Convention, Melissa Lewis
Migratory Waterbird Conservation At The Flyway Level: Distilling The Added Value Of Aewa In Relation To The Ramsar Convention, Melissa Lewis
Pace Environmental Law Review
In June 1995, the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA) was adopted, and this instrument remains the only legally binding waterbird Agreement in the CMS Family. However, while AEWA has been lauded as a very promising instrument, the concern has also been raised that the Agreement “has a large potential scope for the duplication of obligations, especially with regard to the protection of wetland habitats, given the operation of the Ramsar Convention”. The existing literature thus recognizes that overlap between AEWA and the Ramsar Convention is potentially problematic. It fails, however, to provide a detailed analysis of …
Learning To Live With The Trickster: Narrating Climate Change And The Value Of Resilience Thinking, Robin Kundis Craig
Learning To Live With The Trickster: Narrating Climate Change And The Value Of Resilience Thinking, Robin Kundis Craig
Pace Environmental Law Review
This article is based on the 2015 Pace Garrison Lecture that occurred on April 1, 2015. Fittingly for a talk given on April Fool’s Day, this article focuses on tricksters. It posits that framing climate change as one incarnation of a mythological trickster can give us a better cultural narrative framework for thinking about environmental, natural resources, and energy law and policy in a climate change era. The trickster narrative can helpfully displace the dominant engineering framework that informs most of American10 environmental, natural resources, and energy law and policy and open the way to a more productive policy context …
Finding Opportunities To Combat The Climate Change Migration Crisis: The Potential Of The “Adaptation Approach”, Mariya Gromilova
Finding Opportunities To Combat The Climate Change Migration Crisis: The Potential Of The “Adaptation Approach”, Mariya Gromilova
Pace Environmental Law Review
The aim of this article is to demonstrate the benefits of applying adaptation approach in conceptualising the issue of climate-induced population movement and its potential to respond to the main priorities to be addressed in the context of population movement induced by climate change. This article proceeds with Section 2, which provides an overview of the main difficulties to conceptualization of the issue of climate induced population movement from empirical and legal perspectives. Section 3, drawing upon the state of play presented above, identifies the main priorities that have to be addressed. Section 4 focuses on the opportunities the Cancun …
Climate Change Effects On Snow Conditions And The Human Rights Of Reindeer Herders, Stefan Kirchner
Climate Change Effects On Snow Conditions And The Human Rights Of Reindeer Herders, Stefan Kirchner
Pace Environmental Law Review
By ignoring the needs of indigenous livelihoods, traditional forms of land use that have long been sustainable, new forms of land use and the construction of infrastructure threaten the right of indigenous peoples to engage in traditional livelihoods. It is the aim of this article to analyze the rights of indigenous peoples in the context of primary and secondary effects of climate change. For the purposes of this paper, the term “primary effects” will be used to describe immediate effects of climate change. This includes temperatures which move around freezing instead of being solidly below freezing.
Primary effects of climate …
A Comparative Legal Approach For The Risks Of Offshore Methane Hydrates: Existing Laws And Conventions, Roy Andrew Partain
A Comparative Legal Approach For The Risks Of Offshore Methane Hydrates: Existing Laws And Conventions, Roy Andrew Partain
Pace Environmental Law Review
This article provides a review of the existing laws and conventions that might be applied to the development of offshore methane hydrates. Offshore methane hydrates are an exciting emerging new energy resource; one with great potential to provide vast energy supplies, and also one with substantially novel risks and hazards to the environment, marine flora and fauna, and adjacent human communities. Some of these new risks include cataclysmic levels of greenhouse gas emissions, subsea landslides, and tsunamis. As such, it is important to take a survey of the existing laws and conventions that could be applied to such risks, examine …
The Declaration Of Interdependence: A New Declaration To Overthrow The Tyranny Of Small Decisions And Achieve Sustainability, Phillip M. Kannan
The Declaration Of Interdependence: A New Declaration To Overthrow The Tyranny Of Small Decisions And Achieve Sustainability, Phillip M. Kannan
Pace Environmental Law Review
Two declarations are the foundation of modern international environmental law and policy: the Stockholm Declaration on the Human Environment and the Rio Declaration on the Environment and Development. Both of these declarations include well-established principles of international environmental law and policy such as state responsibility, territorial sovereignty, the necessity of ecosystem protection, and the importance of international cooperation. In addition, they both embrace revolutionary ideas. For example, the Stockholm Declaration held out the possibility of a human right to a healthy environment and suggested the need to integrate economic development and social development with environmental protection, which is the seed …
Bridging The North-South Divide: International Environmental Law In The Anthropocene, Carmen G. Gonzalez
Bridging The North-South Divide: International Environmental Law In The Anthropocene, Carmen G. Gonzalez
Pace Environmental Law Review
This article calls for a fundamental reorientation of international environmental law to bridge the North-South divide and respond to the ecological crises of the Anthropocene. Such a reconceptualization of international environmental law must be normatively grounded in respect for nature and in the quest for environmental justice within, as well as between, countries.
International environmental law must directly challenge the relentless drive toward economic expansion and unbridled exploitation of people and nature rather than merely attempt to mitigate its excesses. An essential step toward such a reconceptualization is to examine the ways in which international law has historically engaged with …
Executive Power And Regional Climate Change Agreements, Conor J. Walline
Executive Power And Regional Climate Change Agreements, Conor J. Walline
Pace Environmental Law Review
This Article explores the potential for such agreements to address climate change on a regional level by analyzing the parallels between the agreements, the nature and limits of the executive power used to create them, and the scope of enforcement available under them. Section II briefly examines the present state of climate warming and its attendant impacts, while Section III highlights the relative failure of current national and international approaches to mitigating climate change. Section IV focuses on the recent rise of environmental regional agreements in the United States, specifically those agreements to which the State of New York has …
International Deployment Of Microbial Pest Control Agents: Falling Between The Cracks Of The Convention On Biological Diversity And The Cartagena Biosafety Protocol?, Guy R. Knudsen
Pace Environmental Law Review
This paper considers one tangled web of conflicting developments. It involves the popular desire to replace chemical pesticides with more “natural” biological control strategies, plus a slowly emerging awareness of a less benign side to microbial pest control agents, based on their potential invasiveness and sometimes striking similarities to agents of bioterrorism and biological warfare. This desire, however, is overshadowed by concerns about the environmental release of genetically engineered organisms. I argue that as some of the concerns about ecological diversity, as captured by the Convention on Biodiversity, were channeled into the subsequent Cartagena Protocol on Biosafety to the Convention …