Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
Free Trade, Fair Trade, And Selective Enforcement, Timothy Meyer
Free Trade, Fair Trade, And Selective Enforcement, Timothy Meyer
Vanderbilt Law School Faculty Publications
The 2016 presidential election was one of the most divisive in recent memory, but it produced a surprising bipartisan consensus. Donald Trump, Hillary Clinton, and Bernie Sanders all agreed that U.S. trade agreements should be, but are not, “fair.” Although only achieving broad consensus recently, the critique that U.S. trade agreements are unfair has been around for decades. Since 1992, much of this fairness critique has focused on ensuring that trade liberalization does not undermine non-commercial values, such as environmental protection and labor conditions. Beginning with the negotiation and ratification of the North American Free Trade Agreement (NAFTA) in the …
Private Governance Responses To Climate Change: The Case Of Global Civil Aviation, Michael P. Vandenbergh, Daniel J. Metzger
Private Governance Responses To Climate Change: The Case Of Global Civil Aviation, Michael P. Vandenbergh, Daniel J. Metzger
Vanderbilt Law School Faculty Publications
This Article explores how private governance can reduce the climate effects of global civil aviation. The civil aviation sector is a major contributor to climate change, accounting for emissions comparable to a top ten emitting country. National and international governmental bodies have taken important steps to address civil aviation, but the measures adopted to date are widely acknowledged to be inadequate. Civil aviation poses particularly difficult challenges for government climate mitigation efforts. Many civil aviation firms operate globally, emissions often occur outside of national boundaries, nations differ on their respective responsibilities, and demand is growing rapidly. Although promising new technologies …
Sink Or Sell: Using Real Estate Purchase Options To Facilitate Coastal Retreat, Richard T. Henderson
Sink Or Sell: Using Real Estate Purchase Options To Facilitate Coastal Retreat, Richard T. Henderson
Vanderbilt Law Review
Despite the political contention surrounding climate change, scientists almost universally agree that sea levels are rising and will continue to do so. In light of this inevitability, commentators and policymakers have begun to recognize that retreat-the withdrawal of people and development from coastal areas will become necessary, at least in certain areas. Even so, many still question the viability of retreat given the exorbitant economic, political, and legal costs it generally faces. In particular, hardline opposition to retreat runs strong among many coastal landowners. This Note introduces a device for implementing retreat with the potential to overcome these obstacles: real …
Water Management On The Brahmaputra And The Applicability Of The Unece Water Convention, Stephanie Biggs
Water Management On The Brahmaputra And The Applicability Of The Unece Water Convention, Stephanie Biggs
Vanderbilt Journal of Transnational Law
The Brahmaputra River is one of the world's largest transboundary waterways, yet it lacks a coherent, international management framework. The river, which flows from China through India and into Bangladesh, has been subject to decades of stalled negotiations, gamesmanship, and stop-gap oversight measures. As climate change and population growth place new stressors on the Brahmaputra and its riparian states, this arrangement will become untenable. Moreover, obtaining consensus may soon become impossible as the region grows increasingly water scarce. There is a brief window of opportunity to rectify inadequate management of the river and address urgent issues such as environmental protection …
Constrained Regulatory Exit In Energy Law, Jim Rossi
Constrained Regulatory Exit In Energy Law, Jim Rossi
Vanderbilt Law School Faculty Publications
In recent years, the federal government’s efforts to open up competitive electricity markets have transformed how we think about the regulation of energy. In many respects, the Federal Energy Regulatory Commission’s (FERC) broad “deregulatory” efforts, which commenced in the 1990s, might appear to be a case of paradigmatic regulatory exit as defined by J.B. Ruhl and Jim Salzman. But our case study of FERC’s restructuring of wholesale electricity markets reveals some important institutional features that make exit in federalism contexts, and under federal statutory duties, a rich and difficult problem. In the context of energy, exit from one regulatory sphere …
Keynote: Motivating Private Climate Governance: The Role Of The Efficiency Gap, Michael P. Vandenbergh
Keynote: Motivating Private Climate Governance: The Role Of The Efficiency Gap, Michael P. Vandenbergh
Vanderbilt Law School Faculty Publications
In response to the shrinking federal role in environmental protection, many policy advocates have focused on the role of states and cities, but this symposium focuses on another important source of sustainability initiatives: the private sector, including corporations, households, civic and cultural organizations, religious organizations, private hospitals, colleges and universities, and other organizations. States, cities, and local governments are increasingly important, but the limited geographic reach of subnational governments and widespread concerns about the size and intrusiveness of the public sector constrain their ability to address many environmental problems. Private governance initiatives offer an opportunity to bypass concerns about big …