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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2011

Selected Works

Environmental Law

Public Affairs, Public Policy and Public Administration

Articles 1 - 6 of 6

Full-Text Articles in Law

Global Law And The Environment, Robert V. Percival Nov 2011

Global Law And The Environment, Robert V. Percival

Robert Percival

This article explores three areas in which globalization is profoundly affecting the development of a global environmental law. First, countries increasingly are borrowing law and regulatory innovations from one another to respond to common environmental problems. Although this is not an entirely new phenomenon, it is occurring at an unprecedented pace. Second, lawsuits seeking to hold companies liable for environmental harm they have caused outside their home countries are raising new questions concerning the appropriate venue for such transnational liability litigation and the standards courts should apply for enforcement of foreign judgments. Third, nongovernmental organizations are playing an increasingly important …


China's "Green Leap Forward" Toward Global Environmental Leadership, Robert V. Percival Nov 2011

China's "Green Leap Forward" Toward Global Environmental Leadership, Robert V. Percival

Robert Percival

This article argues that China may be on the verge of a “Green Leap Forward” that could make it a global environmental leader. This article argues that two principal forces have contributed to this development. First, Chinese officials now realize that a global shift away from fossil fuels will create enormous business opportunities on a global scale. Chinese companies are now making enormous strides in the development of green technology, such as solar power, wind energy, and electric cars, with the active assistance of the Chinese government. Second, realizing that climate change severely threatens China, and stung by the criticism …


A Review Of Amendment 16 To The Northeast Multispecies Fishery Management Plan, Jonathon N. Feinberg, Chad J. Mcguire Jul 2011

A Review Of Amendment 16 To The Northeast Multispecies Fishery Management Plan, Jonathon N. Feinberg, Chad J. Mcguire

Chad J McGuire

The purpose of this article is to review Amendment 16 to the Northeast Multispecies Fishery Management Plan, highlighting some of the legal and policy implications to the fishing community and regulatory bodies. Questions of impact are framed from the local fishing community perspective, while larger questions of regulatory implications, including statutory purpose, are identified where appropriate. The article concludes by identifying necessary policy questions that need to be resolved if we are to move toward a coherent strategy of national fisheries management that is both rational for the sake of the resource, and equitable to those who are most directly …


Who Owns The Fish? Moving From The Commons To Federal Ownership Of Our National Fisheries, John B. Walden, Chad J. Mcguire Jul 2011

Who Owns The Fish? Moving From The Commons To Federal Ownership Of Our National Fisheries, John B. Walden, Chad J. Mcguire

Chad J McGuire

The purpose of this article is to explore a premise that fishery management at the federal level would be more effective if the U.S. government simply charged for the privilege to commercially harvest fish. This argument is supported by a mix of historical fact-finding and legal precedent, brought together in an attempt to identify a basic economic principle of property rights. The goal is to allow both practitioners and policy makers an opportunity to view fishery management options through a lens of government property rights, and show how a rational distribution of those rights through advancing market mechanisms may provide …


Marine Mammals And International Trade: Balancing Social Conscience With Trade Obligations – A Summary And Update On The World Trade Organization Seal Products Dispute, Chad J. Mcguire Apr 2011

Marine Mammals And International Trade: Balancing Social Conscience With Trade Obligations – A Summary And Update On The World Trade Organization Seal Products Dispute, Chad J. Mcguire

Chad J McGuire

The purpose of this article is to provide a summary of the current debate surrounding the proposed European Union expansion of barriers to trade in seal products. This article will also identify some of the potential legal issues at the heart of the ban. Finally, some policy considerations that may arise depending on how this case ultimately resolves itself will be highlighted. What is reinforced in this case study is the notion that the interaction between domestic policy and international law can often create unique frustrations where seemingly independent goals can lead to legal conflicts. This case study is an …


Can The Esa Address The Threats Of Atmospheric Nitrogen Deposition? Insights From The Case Of The Bay Checkerspot Butterfly, Zdravka Tzankova, Dena Vallano, Erika Zavaleta Dec 2010

Can The Esa Address The Threats Of Atmospheric Nitrogen Deposition? Insights From The Case Of The Bay Checkerspot Butterfly, Zdravka Tzankova, Dena Vallano, Erika Zavaleta

Zdravka Tzankova

The Bay Checkerspot Butterfly reached its threatened status largely as a result of habitat loss through development. The species now benefits from the habitat pro- tection powers of the Endangered Species Act, yet the biggest new hazard to the survival of remaining Bay Checkerspot Butterfly populations may come from atmospheric nitrogen deposition. Driven by combustion and agricultural emissions, such deposition is an important cause of change in ecosystem structure and function, including potentially critical changes in the remaining Bay Checkerspot Butterfly habitat. We use the Bay Checkerspot Butterfly case to examine whether the Endan- gered Species Act, as it currently …