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Negotiating With Someone Else's Money: Shifting The Responsibility For Climate Change Funding, Richard Faulk
Negotiating With Someone Else's Money: Shifting The Responsibility For Climate Change Funding, Richard Faulk
Richard Faulk
Some people think that “Climategate” will ultimately undermine everything that the UN is attempting to resolve in Copenhagen, but that story is for a later column. The truth, however, is that the parties – all of whom profess agreement that man-made global warming is a reality – are doing a powerful job of self-destructing outside the scientific controversy. The divisive issue is, as expected, which nations will bear the costs necessary to deal with climate change, and how those costs will be apportioned. Judging from yesterday’s conflicts, it seems that even those who agree that the problem exists are in …
The Insolence Of Office: Exposing The Politics Of Perception In Copenhagen, Richard Faulk
The Insolence Of Office: Exposing The Politics Of Perception In Copenhagen, Richard Faulk
Richard Faulk
Despite the malaise that seemed to overlay the Copenhagen Climate Change Conference before opening day, the summit opened with a flourish of rhetoric and apparent optimism by a host of attendees. In a statement titled “Governments set to seal ambitious international climate change deal in Copenhagen,” UNFCCC Executive Secretary Yvo de Boer, the UN’s top climate change official, practically overflowed with enthusiasm, sounding supremely confident that an international climate change deal was within reach.
The First "Official" Draft Of The Copenhagen Agreement: Blanks, Brackets, Chewing Gum, And Baling Wire, Richard Faulk
The First "Official" Draft Of The Copenhagen Agreement: Blanks, Brackets, Chewing Gum, And Baling Wire, Richard Faulk
Richard Faulk
The war of words – and the fight over money – continued at the Copenhagen conference on Friday. Although some parties continue to posture and insist that the negotiations are between the “haves” – “developed” nations such as the United States and Japan – and the “have nots” – “developing” nations such as China and the “G77” group – those classifications are increasingly imperiled by harsh rhetoric and unrealistic expectations.
The Queer Case Of The Quarelsome Convocation: Allies, Adversaries, Indifference And Exaggeration In Copenhagen, Richard Faulk
The Queer Case Of The Quarelsome Convocation: Allies, Adversaries, Indifference And Exaggeration In Copenhagen, Richard Faulk
Richard Faulk
There’s no doubt, insofar as the UN is concerned, that the island nations are in desperate plight. In fact, the UN seized yesterday as an opportunity to unveil a barrage of new scientific information directly affecting the islanders’ interests. The day climaxed with an appearance by Al Gore himself, who relayed a disturbing forecast of vanished polar ice within five years. All of the disclosures were orchestrated masterfully, presumably in an attempt to create an irresistible cascade of information which, in turn, would motivate negotiators to reach a global agreement. Unfortunately, by the end of the day, all of this …
The "Climategate" Controversy: A Tree Falls In The Forest -- But Is Copenhagen Listening?, Richard Faulk
The "Climategate" Controversy: A Tree Falls In The Forest -- But Is Copenhagen Listening?, Richard Faulk
Richard Faulk
An old philosophical riddle asks "If a tree falls in a forest and no one is around to hear it, does it make a sound?" The “Climategate” tree has fallen, and there were plenty of people around, both in Copenhagen and Washington, to hear it. The question is, however, was anyone listening? For the sake of the Copenhagen conference, and our Republic, one hopes so.
Bringing Diplomacy To A Boil: Options For Agreements In Copenhagen, Richard Faulk
Bringing Diplomacy To A Boil: Options For Agreements In Copenhagen, Richard Faulk
Richard Faulk
As of Tuesday night, United Nations negotiators still disagreed on the financial aid that the US, Japan and other developed nations will give to the developing world to cope with climate change, Bloomberg reports, referring to a draft document. Many believe that the conference is seriously deadlocked. Well, maybe so, but alternatives still exist, and they have not, at least according to all reports, been fully considered.
Copenhagen’S Disappointing Dénouement: Anatomy Of A Failed Convocation, Richard Faulk
Copenhagen’S Disappointing Dénouement: Anatomy Of A Failed Convocation, Richard Faulk
Richard Faulk
The Copenhagen Climate Change Conference is over. For two weeks, the United Nations and its member nations waited expectantly for “change” – waited, cajoled, argued, accused, threatened, and ultimately, disappointed everyone involved as they struggled on the “World Stage” of Copenhagen’s Bella Center. Tens of thousands watched inside and outside the Center while the convocation became ever more divisive and quarrelsome as the “developing” nations of the world demanded that their “developed” counterparts “share” their wealth and technology to “save the planet.” From the beginning of the conference, few informed attendees realistically expected significant progress, largely because of the twin …
Clearing The Air In Copenhagen, Richard Faulk
Clearing The Air In Copenhagen, Richard Faulk
Richard Faulk
As I prepare to depart for the Copenhagen climate change conference, the entire process seems awash in doubt, confusion, and controversy. Despite the grand hopes of many members of the international community, including many respected politicians and scientists, even the most optimistic advocates concede that it will be impossible to secure a comprehensive and binding climate change agreement. Instead, the delegates will seek a consensus that will guide the drafting and presentation of a formal treaty sometime in 2010, either in Bonn or in Mexico City.
The Crucible Of Common Sense: Real And Illusory Expectations In Copenhagen, Richard Faulk
The Crucible Of Common Sense: Real And Illusory Expectations In Copenhagen, Richard Faulk
Richard Faulk
The agenda is set for the United Nation’s Climate Change Conference in Copenhagen – but few attendees expect substantial progress.. As most students of international diplomacy know, leaders seldom risk valuable political capital on meeting that are expected to be unproductive. As a result, staff and other underlings strive to reach consensus so that, at the worst, some positive result can be declared. Now the consensus expectations are apparent, and predictably, they are far less promising than many delegates hoped.
Ip Policy Void In The 'Grand Climate Bargain', Matthew Rimmer
Ip Policy Void In The 'Grand Climate Bargain', Matthew Rimmer
Matthew Rimmer
In September, Prime Minister Kevin Rudd emphasized the need for national and global action on climate change and called for “a grand bargain” between “the developed world and the developing world in order to reach an outcome for the planet earth as a whole”.No doubt, action on climate change will need new technology, which most likely will be predominately developed in a few, innovative countries. It is also clear, however, that if this ‘grand bargain’ is to be more than a wistful hope we need appropriate intellectual property rights in place for these new technological developments.The chairs of the Ad …
Premature Burial? The Resuscitation Of Public Nuisance Litigation, Richard Faulk, John Gray
Premature Burial? The Resuscitation Of Public Nuisance Litigation, Richard Faulk, John Gray
Richard Faulk
On Sept. 22, the U.S. Court of Appeals for the Second Circuit, in Connecticut v. American Electric Power Co., held that federal common-law nuisance suits can proceed against major greenhouse gas emitters. Nine days later, a federal trial court reached the opposite conclusion in another case. In this article, attorneys Richard Faulk and John Gray discuss these rulings, and the revival of public nuisance litigation.
The Advent Of Carbon Credit Trading In Michigan, Anna Maiuri, Mark Bennett
The Advent Of Carbon Credit Trading In Michigan, Anna Maiuri, Mark Bennett
Eric Jamison
Eric Jamison worked as a research assitant for the article. He performed statutory and market research regarding the evolution of carbon regulation on international, national, regional and state levels and submitted research findings to authors for review.
The Road To Copenhagen: Intellectual Property And Climate Change, Matthew Rimmer
The Road To Copenhagen: Intellectual Property And Climate Change, Matthew Rimmer
Matthew Rimmer
The draft negotiating text on long-term co-operative action under the United Nations Framework Convention on Climate Change FCCC/AWGLCA/2009/8; the Foreign Relations Authorization Act, Fiscal Years 2010 and 2011 HR 2410 (United States); the American Clean Energy and Security Act of 2009 HR 2454 (United States); the Foreign Operations, and Related Programs Appropriations Act 2010 HR. 3081 (United States); and the TRIPS Agreement 1994.In the lead-up to the discussions over IP and climate change in Copenhagen in 2009, the US House of Representatives passed a resolution that it should be the policy of US government officials in discussions over the long-term …
Lifting The Veil: Pressures Mount For Climate Change Disclosures, Richard Faulk
Lifting The Veil: Pressures Mount For Climate Change Disclosures, Richard Faulk
Richard Faulk
Measures from Sarbanes-Oxley to climate change legislation will pervasively transform the manner in which American businesses relate to shareholders and consumers. Capping a month of extraordinary changes, the National Association of Insurance Commissioners adopted a rule that mandates broad disclosures by insurance companies regarding the impact of climate change on their financial stability – thereby enlisting the insurance industry as a ‘‘partner’’ in the enforcement of global and national climate change policies.
Climate Change, Water And Society In The Mena Region: A Legal And Policy Perspective, Foluke Olamiposi Akinmoladun, Christine Eleanor Canderson
Climate Change, Water And Society In The Mena Region: A Legal And Policy Perspective, Foluke Olamiposi Akinmoladun, Christine Eleanor Canderson
Foluke Olamiposi Akinmoladun Mrs
ABSTRACT The MENA Region, having a history of both severe climate change as well as drought, now confronts the challenges of a new period of climate change and drought. Its international water law treaty regimes are underdeveloped and frequently violated, resulting in conflict, increasing the instability and insecurity of the region. The countries of the region also have underdeveloped and frequently violated internal legal regimes. These problematic constructs are now compounded by a crisis in global agricultural trade (virtual water). With the cultural strength of Islamic water and environmental principles, the region has potential for organization and education. The development …
Climate Change, Carbon Sequestration, And Property Rights, Alexandra B. Klass, Elizabeth J. Wilson
Climate Change, Carbon Sequestration, And Property Rights, Alexandra B. Klass, Elizabeth J. Wilson
Alexandra B. Klass
This Article considers the role of property rights in efforts to transport, inject, and store underground hundreds of million of tons of carbon dioxide (CO2) per year from power plants and other industrial facilities in order to combat dangerous climate change. This technology, known as carbon capture and sequestration (CCS), could provide deep emission cuts, particularly from coal power generation, on a worldwide basis. In order to implement CCS, private operators and state and federal governments must be able to access hundreds of millions of acres of “pore space” roughly a kilometer below the earth’s surface in which to store …
A Lawyer's Look At The Science Of Global Climate Change, Richard O. Faulk, John S. Gray
A Lawyer's Look At The Science Of Global Climate Change, Richard O. Faulk, John S. Gray
Richard Faulk
Whether human-induced global climate change is – or is not – a scientific reality, and whether it will – or will not – ultimately transform the planet into a less hospitable place for humanity, our task as lawyers is not to “change the world,” or “save the planet,” but to address and resolve the legal problems of persons who primarily retain us not for our politics, but for our prowess. If our discussion of the basic science of climate change assists readers in that process, it will have accomplished its purpose – irrespective of whether Nature’s threats prove real or …
Warming Up To Climate Change Risk Disclosure, Jeffrey M. Mcfarland
Warming Up To Climate Change Risk Disclosure, Jeffrey M. Mcfarland
Jeffrey M McFarland
No abstract provided.
Psychological Barriers To Gasoline Taxation, Shi-Ling Hsu
Psychological Barriers To Gasoline Taxation, Shi-Ling Hsu
Shi-Ling Hsu
No abstract provided.
Regulating Greenhouse Gases In Canada: Constitutional And Policy Dimensions, Shi-Ling Hsu, Robin Elliot
Regulating Greenhouse Gases In Canada: Constitutional And Policy Dimensions, Shi-Ling Hsu, Robin Elliot
Shi-Ling Hsu
Canada’s greenhouse gas emissions have risen dramatically since the 1997 negotiation of the Kyoto Protocol, and that rise has continued through Canada’s 2002 ratification of the Protocol. Along with economic dislocation, constitutional barriers to regulation have sometimes been cited as the reason for caution in regulating greenhouse gases. This article critically evaluates the constitutional arguments and examines the policy considerations surrounding various regulatory instruments that might be used to reduce greenhouse gases. We conclude that the Canadian constitution does not present any significant barriers to federal or provincial regulation and that policy considerations strongly favour the use of two instruments: …
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.