Law Commons^™

Closing Remarks: Toward A Climate Migration Solution, Austin T. Fragomen, Jr., Nancy H. Morowitz

Case Western Reserve Journal of International Law

No abstract provided.

Keynote Address For The Cox International Law Center Conference, James Chen

Case Western Reserve Journal of International Law

No abstract provided.

Will Climate Change Be The Next Grotian Moment?, Michael P. Scharf

Case Western Reserve Journal of International Law

Under the classic paradigm of international environmental law articulated in the 1941 Trail Smelter arbitration decision, States are responsible for downstream or downwind harm that crosses from their territory into another State. But climate change threatens not just neighboring States but the entire global commons. This Article explores whether the conditions are ripe for a “Grotian Moment”—a paradigm shifting development leading to accelerated formation of customary international law related to the human right to a healthy environment.

U.S. National Security And Climate Change, Alexandra E. Koch, Nicole K. Carle, Gregory P. Noone

Case Western Reserve Journal of International Law

As sea temperatures rise and natural disasters intensify, it is critical that the U.S. national security strategy actively include plans to account for global climate change and address the complex environmental and humanitarian challenges that parallel and are driven by rising temperatures, such as resource scarcity, forced displacement, and regional instability. Climate change acts as a “threat multiplier for instability” in some of the most volatile regions of the world and can contribute to rising tensions even in historically stable regions. Climate change can also lead to increased vulnerability of military infrastructure and logistics, undermine military readiness, and demand a …

Climate Change And Cross-Border Displacement: What The Courts, The Administration, And Congress Can Do To Improve Options For The United States, Kate Jastram

Case Western Reserve Journal of International Law

There is no doubt that the United States, even under existing law, could do much more to protect people displaced across international borders in the context of climate change and disasters. All branches of government have a role to play. Federal courts must thoughtfully assess litigants bringing asylum and CAT claims in the context of climate change and disasters. The administration must clarify interpretation of the refugee definition and use all available tools at its disposal to create new legal pathways as outlined in the White House Report. For its part, Congress must modernize the statutory basis for international protection …

Ecocide In War And Peace, From The Air Pollution Consequences Of The War In Ukraine To Japan's Disposal Of Fukushima Water Into The Ocean, Giovanni Chiarini

Case Western Reserve Journal of International Law

This Article will propose and analyze potentially prosecutable cases of alleged global ecocide and propose targeted amendments to Articles 36(3) and (5) of the ICC Rome Statute. These proposed amendments may serve as a blueprint to procedurally ensure environmental expertise at the international judicial level. Ecocide is unfortunately not currently recognized under the Rome Statute. However, certain scholars have suggested defining it as a fifth international crime. This analysis identifies environmental crises, international criminal law expectations and examines the environmental pollution caused by the Russian invasion of Ukraine and the Japanese government’s decision to dispose of radioactive treated water from …

Fossil Fuel Fraud, Wes Henricksen

Case Western Reserve Journal of International Law

In some recent climate litigation cases, plaintiffs have added a claim for common law fraud, in addition to the more traditionally pursued claims for nuisance, negligence, and trespass. Fraud claims against fossil fuel companies center on the decades-long campaign of climate change doubt that was organized, funded, and carried out by oil, gas, and coal industry leaders, as well as public relations firms and industry advocacy groups working on their behalf. But while the doubt campaign certainly fits the fraud mold—a purposeful effort to mislead for profit—because it was aimed at defrauding the public at large, rather than defrauding a …

Deadly Journeys: Climate Change, U.S. Border Enforcement, And Human Rights, Julia Neusner

Case Western Reserve Journal of International Law

Extreme weather events and slow onset disasters, exacerbated by climate change, are increasingly driving global displacement. As displaced people seek cross-border protection in unprecedented numbers, the United States has responded by tightening border controls and restricting asylum access. These policies have exposed migrants and asylum seekers in transit to greater risks of injury and death due to the impacts of climate change and climate-related disasters. Drawing on legal analysis, historical context, and firsthand interviews with people seeking U.S. asylum, this Article examines the implications of U.S. policies that limit freedom of movement and asylum access. The Article raises critical legal …

Foreword: Climate Change And International Law At A Crossroads, Michael P. Scharf, Amanda Price

Case Western Reserve Journal of International Law

No abstract provided.

Keynote Speech By John Knox, Former U.N. Special Rapporteur For Human Rights And The Environment, John Knox

Case Western Reserve Journal of International Law

No abstract provided.

The Right To A Healthy Environment: Underlying Policy Formation Challenges In The United States During The Trump Era, Michael J. Kelly

Case Western Reserve Journal of International Law

The right to live in a healthy environment is the right to live in an environment where Donald Trump is not president. As this Article demonstrates, Trump’s negative impact across a wide spectrum of policy areas implicated by the right’s goal of creating and maintaining a healthy environment in the United States ran directly opposite to achieving that goal. (Abstract excerpted from article's introduction.)

Crimes Against The Environment, Ecocide, And The International Criminal Court, Milena Sterio

Case Western Reserve Journal of International Law

Ecocide as well as other crimes against the environment have become a feature of warfare, as exemplified in the Russian invasion of Ukraine and the devastating environmental harm caused as a result. As this Paper has described, significant obstacles remain associated with the ICC’s ability to prosecute environmental crimes, either as war crimes or crimes against humanity. (Abstrast excerpted from article's Conclusion.)

Negotiating Environmental Justice In Ukraine, Paul R. Williams, Sindija Beta

Case Western Reserve Journal of International Law

This Article examines the dynamics of negotiating environmental justice in Ukraine amid pressure from certain international actors for an Amnesty-Based Peace in Ukraine. While it is currently unclear how Russia’s war in Ukraine will end, it is likely that there will be significant discussion around forms of justice, including how to address the grave environmental damage Russia has caused in Ukraine. This Article looks at previous precedents of Amnesty-Based Peace in Angola, Haiti, and Uganda and decisions and commentaries by international actors to argue that appeasement has not fostered durable peace and is generally disfavored by judicial and non-judicial bodies. …

Climate Change And Internal Displacement In Colombia: Chronicle Of A Tragedy Foretold?, Camila Bustos

Case Western Reserve Journal of International Law

One of the key challenges stemming from climate change will be climate displacement, as sudden and gradual events disrupt livelihoods and force millions to leave their homes. Despite the existing scholarship’s focus on cross-border movement, the majority of climate displaced people will move internally instead of or before seeking refuge outside their nation’s borders. What obligations do states owe to their citizens when those states have historically not been emitters but have still failed to protect domestic populations from displacement related to environmental disasters and climate change impacts? Through exploring the disaster management framework in Colombia and conducting a case …

Climate Rights In Brazil And The United States: A Convergence In Contrasts, James R. May, Marcelo Buzaglo Dantas, Luciana Bauer

Case Western Reserve Journal of International Law

This Article offers three quick takeaways. First is the utility of rights-based approaches to climate change. As evidence of climate change grows, international and domestic law are rushing to keep pace. ...

Second is the value of borrowing. Courts look and listen to other courts. As the political processes at both domestic and international levels have failed to protect against climate change, whether by action or inaction, a growing number of courts—led by those in Brazil, the United States, and elsewhere—have tried to catalyze more robust and effective government responses. ...

Last is implementation. Without a strategy for operationalizing these …

2023 Klatsky Endowed Lecture In Human Rights: The Forgotten Crime: Forging A Convention For Crimes Against Humanity, Leila Nadya Sadat

Case Western Reserve Journal of International Law

No abstract provided.

The Killing Of Ayman Al-Zawahiri: On Its Legaility And Why The U.N. Should Clarify The "Unable Or Unwilling" Doctrine, Nicholas Abraksia

Case Western Reserve Journal of International Law

No abstract provided.

"Other Inhumane Acts Of A Similar Character Intentionally Causing Great Suffering." Does Ecocide Fit Within The Bounds Of Crimes Against Humanity, Amanda Price

Case Western Reserve Journal of International Law

No abstract provided.

Regulating The "Unregulated": The European Union And United Kingdom Have Put In Place Anti-Money Laundering Directives For The Art Market. Should The United States Follow?, Lauren A. Turner

Case Western Reserve Journal of International Law

No abstract provided.

Masthead, Vol. 56 (2024)

Case Western Reserve Journal of International Law

No abstract provided.

Front Matter, Vol. 56 (2024)

Case Western Reserve Journal of International Law

No abstract provided.

Green Colonialism: Sidelined While On The Front Lines, M. Alexander Pearl

Case Western Reserve Journal of International Law

The United Nations General Assembly recently unanimously adopted a resolution recognizing the “right to a clean, healthy and sustainable environment as a human right.” in July, 2022. ... The resolution was heralded by U.N. Environment Programme (UNEP) Executive Director Inger Andersen as a “victory for people and the planet,” and it was described as a catalyst for action by U.N. Special Rapporteur on Human Rights and the Environment David Boyd. ... Boyd went on to say that the resolution could encourage States “to enshrine the right to a healthy environment in . . . constitutions and regional treaties.”... This short …

Taxing Dirty Luxuries, Victoria J. Haneman

Case Western Reserve Journal of International Law

Dirty luxuries are items that are pleasant or nice to have, not necessities, that absolutely bludgeon the environment. From the merely affluent to the ultra-rich, consumers enjoying dirty luxuries, such as luxury clothing, private jets, superyachts, SUVs, and vacation cruises, drive one of the most polluting types of consumption on the planet. This Article explores the climate costs of dirty luxuries, considers the current and proposed international efforts to address the climate impact of these luxuries, and proposes structures by which these luxuries may be taxed to either reduce consumption or compensate for negative externalities.

Drops In The Ocean: The Hidden Power Of Rights-Based Climate Change Litigation, Craig Martin

Case Western Reserve Journal of International Law

An increasing number of legal challenges to government climate change policies are being advanced on the basis that states are violating the human rights or constitutional rights of applicants. A number of high-profile cases in Europe have upheld such claims and ordered governments to adjust their policies. But questions remain regarding how effective such rights-based cases may be in the effort to enforce climate change law obligations or encourage government responses to the crisis. This Article explores how such rights-based cases may exercise greater influence than is typically understood.

After explaining briefly the relevant human rights and climate change law, …

Talking Foreign Policy: "Foreign Policy And Climate Change" November 20, 2023 Broadcast, Cwru Law School

Case Western Reserve Journal of International Law

No abstract provided.

Introduction Of The 2023 Klatsky Endowed Lecture In Human Rights, Michael P. Scharf, Bruce Klatsky

Case Western Reserve Journal of International Law

No abstract provided.

Protecting Traditional Transnational Cultural Expressions In The United States And Mexico, Caitlyn Herlihy

Case Western Reserve Journal of International Law

No abstract provided.