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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 …


Resolving Conflicts Between Green Technology Transfer And Intellectual Property Law, Robert V. Percival, Alan Miller Jun 2011

Resolving Conflicts Between Green Technology Transfer And Intellectual Property Law, Robert V. Percival, Alan Miller

Robert Percival

This paper examines claims that intellectual property law, which is designed to create incentives for innovation, actually may inhibit the transfer to developing countries of green energy innovations. Although the paper cannot find significant examples of green energy technologies whose diffusion has been hindered by existing intellectual property protections, it explores strategies, such as compulsory licensing schemes, for responding to such problems if and when they arise in the future. The paper concludes that intellectual property law need not be an obstacle to a global transformation toward a green energy infrastructure that can promote economic development while advancing new levels …


Strategies For Promoting Green Energy Innovation, Deployment, & Technology Transfer, Robert V. Percival Mar 2011

Strategies For Promoting Green Energy Innovation, Deployment, & Technology Transfer, Robert V. Percival

Robert Percival

This paper surveys various strategies for promoting the development and deployment of green energy technologies.


Environmental Law Goes Global: Taking Back Eden: Eight Environmental Cases That Changed The World, By Oliver A. Houck, Robert V. Percival Mar 2011

Environmental Law Goes Global: Taking Back Eden: Eight Environmental Cases That Changed The World, By Oliver A. Houck, Robert V. Percival

Robert Percival

No abstract provided.


La Responsabilidad Por Daño Ambiental Global Y La Evolución En Las Relaciones Entre El Derecho Público Y Privado [Liability For Global Environmental Harm And The Evolving Relationship Between Public And Private Law], Robert V. Percival Mar 2011

La Responsabilidad Por Daño Ambiental Global Y La Evolución En Las Relaciones Entre El Derecho Público Y Privado [Liability For Global Environmental Harm And The Evolving Relationship Between Public And Private Law], Robert V. Percival

Robert Percival

No abstract provided.