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Administrative Law

Selected Works

2009

Bryant Walker Smith

Articles 1 - 2 of 2

Full-Text Articles in Law

Meaningful Participation In A Global Climate Regime, Bryant Walker Smith Sep 2009

Meaningful Participation In A Global Climate Regime, Bryant Walker Smith

Bryant Walker Smith

An effective climate regime must be global rather than merely international and must contemplate the significant involvement of actors other than states. “Meaningful participation” in a global climate regime is already occurring in the Global South. That participation helps to satisfy the existing international legal obligations undertaken by developing states and merits greater recognition in future legal regimes. Moreover, that participation constitutes a form of global governance separate from the United Nations Framework Convention on Climate Change (UNFCCC) and, regardless of its legal status, deserves greater attention in practical efforts to address climate change.

The article has several parts. First, …


Stakeholder Reaction To Emissions Trading In The United States, The European Union, And The Netherlands, Bryant Walker Smith Dec 2008

Stakeholder Reaction To Emissions Trading In The United States, The European Union, And The Netherlands, Bryant Walker Smith

Bryant Walker Smith

As a contribution to the debate over market-based environmental regulation, this article examines the reaction of stakeholders to cap-and-trade programs proposed and/or implemented in the United States, the European Union, and the Netherlands for industrial emissions of certain pollutants. Those pollutants include nitrogen oxides (NOX), sulfur dioxide (SO2), mercury (Hg), and greenhouse gases such as carbon dioxide (CO2). For the purpose of the article, stakeholders include environmental groups, regulators, and particularly industry.

The broad conclusion, to which the remainder of the article provides context, is straightforward: Industry dislikes regulation. It strongly dislikes redundancy. It loathes uncertainty. Even emitters that have …