Law Commons^™

Panelist, New Year’S Renaissance Weekend, David Wirth

David A. Wirth

Professor Wirth served as a panelist on panels regarding Crimea, global warming, ISIL, and food safety.

Climate-Induced Sea Level Rise And Sustainable Coastal Management: The Influence Of Existing Policy Frameworks On Risk Perception, Chad J. Mcguire

Chad J McGuire

Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina Warren

Gina Warren

No abstract provided.

Global Environmental Constitutionalism, Erin Daly, James May

Erin Daly

No abstract provided.

Toward A Typology Of Wildlife Crime Offenders, Greg Warchol

Greg Warchol

No abstract provided.

The International And Domestic Law Of Climate Change: A Binding International Agreement Without The Senate Or Congress?, David Wirth

David A. Wirth

No abstract provided.

Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina Warren

Gina Warren

No abstract provided.

Losing The Message: Some Policy Implications Of Anthropocentric Indirect Arguments For Environmental Protection, Chad J. Mcguire

Chad J McGuire

Protecting Environmental Hot Spots During And After Armed Conflict Through Multilateral Environmental Agreements, Britta Sjöstedt

Britta Sjöstedt

In this paper I argue that areas of international environmental importance could be protected during and after armed conflict by utilizing the mechanisms established under Multilateral Environmental Agreements (MEAs), in particular the World Heritage Convention (WHC) and potentially also of the Convention on Wetlands of International Importance (Ramsar Convention). Most armed conflicts taking place today cause substantial environmental damage as a direct or indirect effect of the warfare. Also, indirect consequences of armed conflicts such as unsustainable exploitation of natural resources, massive flux of displaced persons, collapse of governmental control and infrastructure put additional pressure on sensitive ecosystems. The framework …

A Climate Treaty Without Congress, David Wirth

David A. Wirth

Contrary to popular belief, approximately 90% of international agreements—including treaties—concluded by the United States are done without submission to the Senate. The President’s commitment to moving forward domestically relying on existing legal authority invites the very real possibility that we needn’t wait for Congress to enact new legislation before concluding legally binding multilateral or bilateral agreements to protect the climate.

Panelist: The Globalization Of Environmental Politics, David Wirth

David A. Wirth

Invited to participate in Renaissance Weekend conference. Also appeared on panels titled "Deep Dive: Greenhouse Implications of Energy Policies of International Financial Institutions" and "Advice to the President".

Sustainability Criteria As A Tool To Promote Sustainable Products And Their Sustainable Production, Evgenia Pavlovskaia

Evgenia Pavlovskaia

Coming publication

Summary:

Among the environmental challenges, which humanity is facing today, there are the threat of global climate change, unsatisfactory air quality, – especially in large cities, – and the fact that the resources of fossil fuels are finite. Biofuels have long been at the top of the political and scientific agenda as a possible solution to all the three challenges.

Not everything is clear about biofuels. The production costs of biofuels are still higher than those of traditional fossil fuels: without subsidies biofuels are not competitive. The environmental impact of biofuels has also been questioned, for example the …

Intellectual Property, Innovation, And The Environment, Peter Menell, Sahrah Tran

Peter Menell

No abstract provided.

Paradoxes Of Democratisation: Environmental Politics In East Asia, Mary Alice Haddad

Mary Alice Haddad

This chapter examines environmental politics in four polities that run the full spectrum of political regimes: mainland China (authoritarian), South Korea and Taiwan (newly democratic), and Japan (mature democracy). The chapter argues that variation in environmental politics in each place resulted primarily from the timing of their environmental movements, with subsequent movements learning from predecessors and gaining increasing access to global NGO networks. Paradoxically, when environmental movements became linked to democratization movements (in South Korea and Taiwan), they also became linked to political parties, which hindered access to government policymaking when non-allied parties were in power.

Allocating Responsibilities For Environmental Cleanup Liabilities Through Purchase Price Discounts, Kenneth Kristl

Kenneth T Kristl

No abstract provided.

Looking To The Practices Of Transnational Corporations To Protect The Global Environment: A New Theory Of Custom In International Environmental Law, Matthew Thurmer

Matthew A Thurmer Mr.

To a large extent, international environmental law has been unsuccessful. As a result, new and creative thinking is needed to protect the global environment. This paper, in particular, considers an approach to customary international law that is based on the practices of transnational corporations (TNCs) rather than the practices of states. Of course, many TNCs are harming the Earth. Thus, the state must regulate these multinational companies to establish practices that are environmentally sound. If enough states pass and enforce such laws, then at some point a rule of custom will arise that can protect the global environment.

The Future We Want And Constitutionally Enshrined Procedural Rights In Environmental Matters, James May, Erin Daly

Erin Daly

No abstract provided.

Mechanisms To Control The Fulfillment Of The Eu Sustainability Criteria For Transport Biofuels In Directive 2009/28/Ec, Evgenia Pavlovskaia

Evgenia Pavlovskaia

To function efficiently, a framework in environmental law should contain certain mechanisms or supplementary elements that facilitate the implementation and enforcement of environmental regulations, for example such mechanisms and elements that answer for the control and supervision of the legislated requirements. Appropriately organized control mechanisms are important for a legal framework to function as it has been aimed for and to fulfill its purposes. The present article is focused on the analysis of the mechanisms chosen to control the fulfillment of the European Union (EU) sustainability criteria for transport biofuels, which have been presented in Directive 2009/28/EC. The analysis is …

Inclusionary Eminent Domain, Gerald S. Dickinson

Gerald S. Dickinson

This article proposes a paradigm shift in takings law, namely “inclusionary eminent domain.” This new normative concept – paradoxical in nature – rethinks eminent domain as an inclusionary land assembly framework that is equipped with multiple tools to help guide municipalities, private developers and communities construct or preserve affordable housing developments. Analogous to inclusionary zoning, inclusionary eminent domain helps us think about how to fix the “exclusionary eminent domain” phenomenon of displacing low-income families by assembling and negotiating the use of land – prior to, during or after condemnation proceedings – to accommodate affordable housing where condemnation threatens to decrease …

The Eu Policy For Sustainable Transport Biofuels And Directive 2009/28/Ec From A Legal Perspective, Evgenia Pavlovskaia

Evgenia Pavlovskaia

The enforcement and implementation of separate aspects of sustainable development and environmental sustainability can be challenging and innovative due to the complexity of this task. Appropriate policy and legal approaches and tools can be needed for this purpose. In this article, the European Union (EU) experience of developing the framework for sustainable transport biofuels and special structural elements for its enforcement are highlighted and analyzed. The central legal acts in this area, including Directive 2003/30/EC, Directive 2009/30/EC and Directive 2009/28/EC are explored. Advantages and disadvantages of the EU approach to sustainable transport biofuels are discussed. Suggestions for the future development …