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Articles 1 - 14 of 14
Full-Text Articles in Law
The Principle Of Resilience, Lia Helena Monteiro De Lima Demange
The Principle Of Resilience, Lia Helena Monteiro De Lima Demange
Dissertations & Theses
This article departs from the observation of accentuated degradation of ecosystems worldwide to stress the urgency in changing the patterns of occupation of the land, production, consumption and the ecological and ethical goals of environmental conservation. Aiming to achieve these ends, this article proposes the acknowledgement of the principle of resilience in international environmental law. The principle of resilience is articulated herein based on the concept of ecological resilience; the values of land ethic; and the existing principles of international environmental law. Later, the article explains how the principle can be applied to adaptive governance; adaptive management; environmental impact …
Keeping It Legal: Transboundary Management Challenges Facing Brazil And The Guarani, David N. Cassuto
Keeping It Legal: Transboundary Management Challenges Facing Brazil And The Guarani, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
This paper examines the legal and ecological problems facing the Guarani Aquifer System. Because the majority of the Guarani Aquifer System underlies Brazil, the Brazilian legal regime forms the paper’s principal focus. The importance of the region makes the need for accurate information crucial. Yet relying on such information to manage a complex resource presents risks. Too often, the role of uncertainty in regulating is underplayed. Increasing knowledge over the resource demands categorizing “hard” and “soft” uncertainties, especially those presented by climate change. In addition, regulators must acknowledge the unitary nature of the aquifer while remaining sensitive to differing national …
Making Sand Castles As The Tide Comes In: Legal Aspects Of Climate Justice, Elizabeth Burleson
Making Sand Castles As The Tide Comes In: Legal Aspects Of Climate Justice, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
Achieving climate justice and the Millennium Development Goals (“MDGs”)2 are mutually reinforcing challenges. The achievement of both is well within the capacity of the international community. Indeed, reaching carbon neutrality in an affordable, environmentally sound way requires integrating the strategies of mitigation, adaptation, sustainable development, and disaster risk management.
Integrating Sustainable Development Planning And Climate Change Management: A Challenge To Planners And Land Use Attorneys, John R. Nolon
Integrating Sustainable Development Planning And Climate Change Management: A Challenge To Planners And Land Use Attorneys, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This essay is based on our new book, Climate Change and Sustainable Development Law in a Nutshell (West 2011) which describes the close relationship between sustainable development and climate change management. It begins with a discussion of recent discussions and agreements at the international level and it provides a brief history of sustainable development and climate change policy. The article then explores national and local strategies to address sustainable development goals. Local planning and zoning, transit oriented development, energy efficiency and green infrastructure issues are also addressed.
Water Law In The United States And Brazil--Climate Change & Two Approaches To Emerging Water Poverty, David N. Cassuto, Romulo S.R. Sampaio
Water Law In The United States And Brazil--Climate Change & Two Approaches To Emerging Water Poverty, David N. Cassuto, Romulo S.R. Sampaio
Elisabeth Haub School of Law Faculty Publications
This article examines two of the major water legal regimes in the Americas-that of Brazil and the United States. Both countries have extensive wet and dry regions and both hydro-regimes face a significant threat from global warming. Brazil, for instance, is home to between eight and fifteen percent of the world's fresh water, and its fast-growing economy and population present major challenges in management and allocation. The U.S. also faces major water allocation problems resulting from past settlement policies; unsustainable reclamation projects; and also fast-growing domestic, industrial and agricultural demand. In the United States, water has traditionally been perceived as …
Innovation Cooperation: Energy Biosciences And Law, Elizabeth Burleson
Innovation Cooperation: Energy Biosciences And Law, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
This Article analyzes the development and dissemination of environmentally sound technologies that can address climate change. Climate change poses catastrophic health and security risks on a global scale. Universities, individual innovators, private firms, civil society, governments, and the United Nations can unite in the common goal to address climate change. This Article recommends means by which legal, scientific, engineering, and a host of other public and private actors can bring environmentally sound innovation into widespread use to achieve sustainable development. In particular, universities can facilitate this collaboration by fostering global innovation and diffusion networks.
Water, Climate, And Energy Security, Elizabeth Burleson
Water, Climate, And Energy Security, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
Civil society participation can facilitate sound energy, climate, and water governance. This article analyzes the dynamics of transnational decision-making. Part II discusses sound energy strategy in light of a shrinking water-resources base due to climate change. Part III considers how public participation in international decision-making can sustain trust in governments and strengthen the legitimacy of legal decisions. Part IV concludes that process and outcome are both integral to addressing water, climate, and energy challenges.
The Future Of Food Eco-Labeling: Organic, Carbon Footprint, And Environmental Life-Cycle Analysis, Jason J. Czarnezki
The Future Of Food Eco-Labeling: Organic, Carbon Footprint, And Environmental Life-Cycle Analysis, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
This Article discusses public and private efforts to inform consumers about environmentally preferable food choices. Part II describes the environmental consequences of the modern food system. Part III describes existing public and private eco-labeling regimes, including organic labeling, carbon footprint labeling, and country of origin labeling.
Climate Policy & U.S.-China Relations, Jason J. Czarnezki
Climate Policy & U.S.-China Relations, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
The Chinese stance, that no cap on carbon emissions will ever exist no matter how high, may be a product of China's belief in a cold and hard, and potentially true, reality-that global economic power is paramount and will provide the only avenue to adapt to an inevitable climate crisis, as well as achieve the milestones of superpower status, many of which they have already achieved (e.g., Olympic Games, World Expo, United Nations Security Council). While China's policy remains problematic, as is United States' failure to lead in the international community on the issue of climate change, China's actions, while …
The Cancún Climate Conference, Elizabeth Burleson
The Cancún Climate Conference, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Energy Revolution And Disaster Response In The Face Of Climate Change, Elizabeth Burleson
Energy Revolution And Disaster Response In The Face Of Climate Change, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
This article considers the means by which communities can become increasingly resilient through shared best practices across a range of climate change measures. Part II of this article will address emergency preparedness for effective disaster response. Part III will analyze how decision-makers can use adaptive management in a shared local, regional, national, and international cohesive frame- work. Part IV will recommend resilient green building strategies. This article concludes that in the midst of an unprecedented energy revolution, there are meaningful emergency preparedness measures that the international community can facilitate to build resilience in the face of natural and unnatural disasters.
From Coase To Collaborative Property Decision-Making: Green Economy Innovation, Elizabeth Burleson
From Coase To Collaborative Property Decision-Making: Green Economy Innovation, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
This Article considers the advantages and disadvantages of market-based program design, natural gas regulation, and enhanced international understanding. Transitioning to a green economy involves dedicating efforts towards environmentally sound energy innovation. RGGI, natural gas, and climate change represent sustainability challenges. Optimizing cooperative transboundary green innovation can facilitate inclusive decision making just as public participation by civil society can help economies transition to environmentally sound energy use. Building upon progress made in the human lights and environment fields can advance both and enhance resilience.
Food, Law & The Environment: Informational And Structural Changes For A Sustainable Food System, Jason J. Czarnezki
Food, Law & The Environment: Informational And Structural Changes For A Sustainable Food System, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
This Article considers legal, theoretical, and practical steps to a more sustainable food model. Part I discusses the underlying reasons for problems in the current food system, including those manifested in law, and the perceived benefits of creating a new agricultural paradigm. Part II discusses the major agricultural and food programs that have become more common in shaping a different food system model, specifically focusing on direct marketing (for example, farmers markets and community-supported agriculture) and the organic movement as it relates to small farmers. Part III argues that in order to change modern American food consumption, two changes must …
Capturing Individual Harms, Katrina Fischer Kuh
Capturing Individual Harms, Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
The aggregated lifestyles and behaviors of individuals impose significant environmental harms yet remain largely unregulated. A growing literature recognizes the environmental significance of individual behaviors, critiques the failure of environmental law and policy to capture harms traceable to individual behaviors, and suggests and evaluates strategies for capturing individual harms going forward. This Article contributes to the existing literature by approaching the problem of environmentally significant individual harms through the lens of environmental federalism. Using climate change and individual greenhouse gas (“GHG”) emissions as an exemplar, the Article illustrates how local information, local governments, and local implementation can enhance policies designed …