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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 …
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.
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.
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.
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 …