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International Investment Agreements: Impacts On Climate Change Policies In India, China And Beyond, Lise Johnson, Brooke Güven Nov 2016

International Investment Agreements: Impacts On Climate Change Policies In India, China And Beyond, Lise Johnson, Brooke Güven

Columbia Center on Sustainable Investment Staff Publications

Mitigating and adapting to climate change will require a fundamental reorientation of our global economy as we move away from fossil fuels and transition to a low carbon and climate-resilient world. This reorientation depends on government actions to help catalyze and channel financial flows in new directions and away from business-as-usual practices.

International investment agreements (IIAs) – treaties that now number over 3,000 and have the objective of promoting and protecting cross-border investment flows_could potentially play a key role in these efforts to scale up and (re)direct investments to meet climate change mitigation and adaptation needs. As presently drafted and …


Conference Report: Climate Change And Sustainable Investment In Natural Resources: From Consensus To Action, Columbia Center On Sustainable Investment, Sustainable Development Solutions Network, Sabin Center For Climate Change Law Nov 2016

Conference Report: Climate Change And Sustainable Investment In Natural Resources: From Consensus To Action, Columbia Center On Sustainable Investment, Sustainable Development Solutions Network, Sabin Center For Climate Change Law

Columbia Center on Sustainable Investment Staff Publications

The Columbia Center on Sustainable Investment has produced this conference report on CCSI’s Conference on Climate Change and Sustainable Investment in Natural Resources: From Consensus to Action. A shorter outcome document, which was disseminated at COP22, is also available. These documents summarize the discussions at the eleventh annual Columbia International Investment Conference, which took place on November 2-3, 2016, at Columbia University. The Conference offered a high-level opportunity to discuss how countries can reduce their greenhouse gas emissions in accordance with the Paris Agreement, while also advancing the Sustainable Development Goals, and in particular the important implications for the …


Agenda: Winter, Wilderness & Climate: Threats & Solutions, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society, Protect Our Winters Oct 2016

Agenda: Winter, Wilderness & Climate: Threats & Solutions, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society, Protect Our Winters

Winter, Wilderness, and Climate--Threats and Solutions (October 12)

In partnership with the Getches-Wilkinson Center, join The Wilderness Society and Protect Our Winters for an interactive presentation about energy development and climate impacts on public lands.

This event was held on Wednesday, October 12, 2016, 5:30 - 7:30 p.m., in the University of Colorado Law School, Wolf Law Building, Wittemyer Courtroom.


Slides: Winter, Wilderness & Climate: Threats & Solutions, Jim Ramey, Lindsay Bourgoine Oct 2016

Slides: Winter, Wilderness & Climate: Threats & Solutions, Jim Ramey, Lindsay Bourgoine

Winter, Wilderness, and Climate--Threats and Solutions (October 12)

Presenters:

Jim Ramey, The Wilderness Society

Lindsay Bourgoine, Protect Our Winters

56 slides


California Climate Law---Model Or Object Lesson?, Daniel A. Farber Aug 2016

California Climate Law---Model Or Object Lesson?, Daniel A. Farber

Daniel A Farber

In the invitation to this Symposium on Reconceptualizing the Future of Environmental Law, the organizers explained that the Symposium “focuses on the continued expansion of environmental law into distinct areas of the law, requiring an increasingly multidisciplinary approach beyond that of traditional federal regulation.” In short, the question posed is about the future proliferation of environmental measures outside the previous domains of federal environmental statutes. At the risk of being guilty of local parochialism, I would like to discuss how the future described by the organizers has already arrived in California--both in the sense that a great deal is happening …


Water, Water Everywhere, But Just How Much Is Clean?: Examining Water Quality Restoration Efforts Under The United States Clean Water Act And The United States-Canada Great Lakes Water Quality Agreement, Jill T. Hauserman Jul 2016

Water, Water Everywhere, But Just How Much Is Clean?: Examining Water Quality Restoration Efforts Under The United States Clean Water Act And The United States-Canada Great Lakes Water Quality Agreement, Jill T. Hauserman

Georgia Journal of International & Comparative Law

No abstract provided.


Extraterritoriality, Externalities, And Cross-Border Trade: Some Lessons From The United States, The European Union, And The World Trade Organization, Max S. Jansson Jun 2016

Extraterritoriality, Externalities, And Cross-Border Trade: Some Lessons From The United States, The European Union, And The World Trade Organization, Max S. Jansson

Pace Environmental Law Review

In this article, process and production method (PPM) rules are analyzed under three jurisdictions: the United States, the European Union (EU), and the World Trade Organization (WTO. The approach is justified by the fact that their rules on interstate trade reflect very similar basic objectives related to anti-protectionism. Moreover, the regimes, to a large extent, share the same structure of rules on prohibition balanced with rules on justification. All in all, the regimes reveal similar syntax. The comparability of the U.S. Dormant Commerce Clause Doctrine with both WTO law and EU free movement law has been highlighted already in previous …


Learning To Live With The Trickster: Narrating Climate Change And The Value Of Resilience Thinking, Robin Kundis Craig Jun 2016

Learning To Live With The Trickster: Narrating Climate Change And The Value Of Resilience Thinking, Robin Kundis Craig

Pace Environmental Law Review

This article is based on the 2015 Pace Garrison Lecture that occurred on April 1, 2015. Fittingly for a talk given on April Fool’s Day, this article focuses on tricksters. It posits that framing climate change as one incarnation of a mythological trickster can give us a better cultural narrative framework for thinking about environmental, natural resources, and energy law and policy in a climate change era. The trickster narrative can helpfully displace the dominant engineering framework that informs most of American10 environmental, natural resources, and energy law and policy and open the way to a more productive policy context …


Reevaluating Wilderness Classification And Management In The Face Of Climate Change: A Reconsideration Of Values And Ecology, Katherine Fiedler Jun 2016

Reevaluating Wilderness Classification And Management In The Face Of Climate Change: A Reconsideration Of Values And Ecology, Katherine Fiedler

Pace Environmental Law Review

In recognizing that the very nature of wilderness is a human construct, the values sought to be preserved can and should be reevaluated, considering the importance of wilderness in light of climate change and global ecosystem resilience, as well as how wilderness is designated and managed. Furthermore, the values that wilderness provides us will dramatically increase as climate change proceeds. Section II of this article describes the basics of wilderness protection, including the evolution of our relationship with wilderness, the history of the Wilderness Act, and what, how, and why wilderness is protected under the Act. Section III explores how …


Finding Opportunities To Combat The Climate Change Migration Crisis: The Potential Of The “Adaptation Approach”, Mariya Gromilova Jun 2016

Finding Opportunities To Combat The Climate Change Migration Crisis: The Potential Of The “Adaptation Approach”, Mariya Gromilova

Pace Environmental Law Review

The aim of this article is to demonstrate the benefits of applying adaptation approach in conceptualising the issue of climate-induced population movement and its potential to respond to the main priorities to be addressed in the context of population movement induced by climate change. This article proceeds with Section 2, which provides an overview of the main difficulties to conceptualization of the issue of climate induced population movement from empirical and legal perspectives. Section 3, drawing upon the state of play presented above, identifies the main priorities that have to be addressed. Section 4 focuses on the opportunities the Cancun …


The Water-Energy-Climate Nexus Under International Law: A Central Asian Perspective, Anatole Boute May 2016

The Water-Energy-Climate Nexus Under International Law: A Central Asian Perspective, Anatole Boute

Michigan Journal of Environmental & Administrative Law

Water, energy, and climate change are intrinsically related to each other but are nonetheless subject to different international legal regimes. The fragmented nature of water, energy, and climate governance represents a challenge for the sustainable management of resources in the energy and water landscape of the 21st century. Regulatory choices in one field can potentially undermine the policy objectives pursued in the other fields. Promoting conventional and unconventional energy production for energy security purposes increases pressure on the availability of fresh water resources and contributes to climate change. Climate change exacerbates the scarcity of water resources, which leads to increasing …


Waste Management Vs. Climate Mitigation: How Co2 Sparked A Clash Of Environmental Values, Wesley Dyer Feb 2016

Waste Management Vs. Climate Mitigation: How Co2 Sparked A Clash Of Environmental Values, Wesley Dyer

Pace Environmental Law Review

The looming threats of climate change dominate global politics, national and economic security, science, and environmental policy. As such, global, national, regional, local, federal, and state strategies are being developed to slow and mitigate the devastating effects of a warming climate. One such strategy that is slowly being used on a global and national scale is geologic sequestration, where carbon dioxide (CO2) is captured, compressed to a supercritical state, and injected underground for permanent removal from the atmosphere. At the same time, the Resource Conservation and Recovery Act (RCRA) regulates the transport, storage, and disposal of solid and …


Climate Change Effects On Snow Conditions And The Human Rights Of Reindeer Herders, Stefan Kirchner Feb 2016

Climate Change Effects On Snow Conditions And The Human Rights Of Reindeer Herders, Stefan Kirchner

Pace Environmental Law Review

By ignoring the needs of indigenous livelihoods, traditional forms of land use that have long been sustainable, new forms of land use and the construction of infrastructure threaten the right of indigenous peoples to engage in traditional livelihoods. It is the aim of this article to analyze the rights of indigenous peoples in the context of primary and secondary effects of climate change. For the purposes of this paper, the term “primary effects” will be used to describe immediate effects of climate change. This includes temperatures which move around freezing instead of being solidly below freezing.

Primary effects of climate …


Alien Invasion! An Ocean Picture Coming To A Sea Near You: An Analysis Of International Frameworks For Aquatic Invasive Species Control, Kelly Cox Feb 2016

Alien Invasion! An Ocean Picture Coming To A Sea Near You: An Analysis Of International Frameworks For Aquatic Invasive Species Control, Kelly Cox

University of Miami Inter-American Law Review

Aquatic invasive species are marine, estuarine, or freshwater organisms that adversely impact ecosystems they are not native to. Such impacts include long-lasting or permanent damage to habitats, ecosystem balance, and biodiversity. These impacts have a cascading effect on local economies dependent on these natural resources by impeding recreational and commercial activities. Moreover, aquatic invasive species control and management is both complex and challenging due to the lack of physical barriers in aquatic environments to abate or contain the spread of these nuisance species. The Wider Caribbean Region has been notably impacted by the introduction of the non-native lionfish (Pterois volitans) …


Enhancing Conservation Options: An Argument For Statutory Recognition Of Options To Purchase Conservation Easements (Opces), Federico Cheever, Jessica Owley Jan 2016

Enhancing Conservation Options: An Argument For Statutory Recognition Of Options To Purchase Conservation Easements (Opces), Federico Cheever, Jessica Owley

Articles

Land conservation transactions have been the most active component of the conservation movement in the United States for the past three decades. Conservation organizations have acquired property rights-mostly conservation easements-to protect roughly 40 million acres of land nationwide. However, climate change threatens this vast edifice. Climate change means that the resources that land conservation transactions were intended to protect may not persist on the land protected. Options to purchase conservation easements ("OPCEs") have long played a modest but important role in conservation law practice. In the world climate change is creating, with its substantial uncertainties and shifting windows of opportunity, …


Legal Pathways To Reducing Greenhouse Gas Emissions Under Section 115 Of The Clean Air Act, Michael Burger, Ann E. Carlson, Michael B. Gerrard, Jayni Foley Hein, Jason A. Schwartz, Keith J. Benes Jan 2016

Legal Pathways To Reducing Greenhouse Gas Emissions Under Section 115 Of The Clean Air Act, Michael Burger, Ann E. Carlson, Michael B. Gerrard, Jayni Foley Hein, Jason A. Schwartz, Keith J. Benes

Faculty Scholarship

Under President Barack Obama the U.S. Environmental Protection Agency has promulgated a series of greenhouse gas emissions regulations, initiating the necessary national response to climate change. However, the United States will need to find other ways to reduce GHG emissions if it is to live up to its international emissions reduction pledges, and to ultimately lead the way to a zero-carbon energy future. This paper argues that the success of the recent climate negotiations in Paris provides a strong basis for invoking a powerful tool available to help achieve the country’s climate change goals: Section 115 of the Clean Air …


Fossil Fuel Abolition: Legal And Social Issues, Karl S. Coplan Jan 2016

Fossil Fuel Abolition: Legal And Social Issues, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

This Article will examine the practical, ethical, legal, and socio-political implications of fossil fuel abolition. First, the Article will consider the practical, ethical, and legal arguments in favor of fossil fuel abolition. Then, the Article will examine possible legal means and authorities to implement abolition in the United States, as well as potential legal objections to fossil fuel abolition. Finally, the Article will consider legal abolition’s capacity to effect the far-reaching changes in our socioeconomic system that a ban on fossil fuels will entail. The Article also will compare the climate reform movement to other social law reform movements in …