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Articles 1 - 30 of 308
Full-Text Articles in Law
Removing Methane Via Atmospheric Oxidation Enhancement: The Legal Framework, Romany M. Webb, Martin Lockman, Korey Silverman-Roati
Removing Methane Via Atmospheric Oxidation Enhancement: The Legal Framework, Romany M. Webb, Martin Lockman, Korey Silverman-Roati
Sabin Center for Climate Change Law
To achieve the Paris Agreement’s goal of limiting the increase in global average temperatures to “well below 2 degrees Celsius,” and ideally 1.5 degrees Celsius, above pre-industrial levels, global greenhouse gas (“GHG”) emissions must reach net zero in the second half of the century. The global community is not currently on track to achieve net zero emissions. In fact, with the exception of a slight dip during the Covid-19 pandemic, emissions have risen steadily in recent years. This, together with the increasingly visible impacts of climate change, has prompted growing interest in the possibility of removing GHGs directly from the …
Climate Litigation In The Global South: Mapping Report, Maria Antonia Tigre
Climate Litigation In The Global South: Mapping Report, Maria Antonia Tigre
Sabin Center for Climate Change Law
In recent years, climate litigation has undergone a notable transformation globally, witnessing a surge in cases across diverse jurisdictions. While scholarly interest has predominantly focused on cases from the Global North, attention to litigation originating in the Global South has been more limited. Nonetheless, understanding the distinct legal grounds, remedies sought, and objectives of plaintiffs in the Global South is crucial. This report addresses this gap by providing a comprehensive insight into the current landscape of climate litigation in the Global South.
The report utilizes data from the Sabin Center’s Global Climate Change Litigation databases, which has seen an influx …
Help The People Help The Governments Help The Planet: Using Markets To Meet The Goals Of The Paris Agreement, Rachel Braby
Help The People Help The Governments Help The Planet: Using Markets To Meet The Goals Of The Paris Agreement, Rachel Braby
San Diego International Law Journal
The urgency of the climate challenge requires that we address it in every way we can. Yet, current domestic regulations are insufficient to rise to the occasion, and there appears to be no plan geared toward harnessing the power of collective consumer action to supplement government efforts and push industries in the private sector to engage in greener practices. A majority of developed nations have mixed market-driven economies, and in such economies, consumers have immense power to drive change. Paris Agreement nations with mixed market-driven economies should incorporate a strategic plan in their next NDCs that “represent[s] a progression” beyond …
Climate Change And Human Health: A Synthesis Of Scientific Research And State Obligations Under International Law, Jessica A. Wentz
Climate Change And Human Health: A Synthesis Of Scientific Research And State Obligations Under International Law, Jessica A. Wentz
Sabin Center for Climate Change Law
This report synthesizes the latest scientific research on the human health effects of climate change and discusses the legal implications of this research, specifically with regards to State obligations under international law. In doing so, the report seeks to provide insights on issues to be analyzed by the International Court of Justice (ICJ) in its upcoming advisory opinion on the legal obligations of States with respect to climate change. It also seeks to enhance the capacity of judges, advocates, and governments to understand these issues in the context of current and future proceedings involving international law obligations related to climate …
Incorporating Climate Considerations Into Investment Assessment Processes: Guidance For National And Local Governments, Esther Akwii, Grace Brennan, Leslie Hannay, Martin Dietrich Brauch, Nora Mardirossian
Incorporating Climate Considerations Into Investment Assessment Processes: Guidance For National And Local Governments, Esther Akwii, Grace Brennan, Leslie Hannay, Martin Dietrich Brauch, Nora Mardirossian
Columbia Center on Sustainable Investment
Global climate change impacts pose complex, dynamic challenges to the success of land-based investments — such as agriculture, forestry, and wind and solar energy — which can further exacerbate detrimental climate change impacts if they are not sustainably implemented. Countries outline in their Nationally Determined Contributions (NDCs) their goals and plans to reduce GHG emissions and adapt to climate change impacts. To ensure their success, governments must fully integrate their NDCs into national climate strategies, plans, and policies that drive government action and decisions. Improved land-based investment decision-making through the incorporation of climate considerations in investment assessment processes (IAPs) can …
Legal Issues In Oceanic Transport Of Carbon Dioxide For Sequestration, Carolina Arlota, Michael B. Gerrard, Pria Deanna Mahadevan
Legal Issues In Oceanic Transport Of Carbon Dioxide For Sequestration, Carolina Arlota, Michael B. Gerrard, Pria Deanna Mahadevan
Faculty Scholarship
A number of large facilities intended for the permanent sequestration of carbon dioxide are being developed in the United States. Several of them will be located in Texas and Louisiana on or near the coast of the Gulf of Mexico, making them easily accessible to ships. At the same time, there is substantial interest in Europe in installing equipment to capture carbon dioxide from certain industrial operations before it is emitted into the atmosphere, but currently there are inadequate facilities existing in Europe to sequester much of this carbon dioxide. Therefore, there is interest in the possibility of using ships …
International Governance Of Ocean-Based Carbon Dioxide Removal: Recent Developments And Future Directions, Romany M. Webb
International Governance Of Ocean-Based Carbon Dioxide Removal: Recent Developments And Future Directions, Romany M. Webb
Sabin Center for Climate Change Law
With the impacts of climate change intensifying, and progress in reducing the greenhouse gas emissions that cause it continuing to lag, the parties to the Paris Climate Agreement have emphasized the need to accelerate efforts to remove carbon dioxide from the atmosphere, while simultaneously curbing emissions. As the parties have recognized, the ocean is already a major carbon sink, and could play an important role in future carbon dioxide removal (“CDR”) efforts. Scientists have proposed a variety of ocean-based CDR approaches, but most require further research to fully evaluate their efficacy, benefits, and risks. In-ocean testing of the approaches, and …
It Is (Finally) Time For And Advisory Opinion On Climate Change: Challenges And Opportunities On A Trio Of Initiatives, Maria Antonia Tigre
It Is (Finally) Time For And Advisory Opinion On Climate Change: Challenges And Opportunities On A Trio Of Initiatives, Maria Antonia Tigre
Sabin Center for Climate Change Law
In recent years, the number and diversity of climate-related lawsuits have increased, with courts in over seventy jurisdictions now handling such cases. After the expansion through domestic courts, stakeholders worldwide are turning to international courts and tribunals to help define the responsibilities of states in light of the climate crisis. Three initiatives requesting advisory opinions to international courts or tribunals have been announced within six months. These advisory opinions could have significant implications for international climate change law, defining the human rights obligations of states (and potentially corporations) in light of the climate crisis. It is expected the International Court …
Talking Foreign Policy: "Foreign Policy And Climate Change" November 20, 2023 Broadcast, Cwru Law School
Talking Foreign Policy: "Foreign Policy And Climate Change" November 20, 2023 Broadcast, Cwru Law School
Case Western Reserve Journal of International Law
No abstract provided.
Will Climate Change Be The Next Grotian Moment?, Michael P. Scharf
Will Climate Change Be The Next Grotian Moment?, Michael P. Scharf
Case Western Reserve Journal of International Law
Under the classic paradigm of international environmental law articulated in the 1941 Trail Smelter arbitration decision, States are responsible for downstream or downwind harm that crosses from their territory into another State. But climate change threatens not just neighboring States but the entire global commons. This Article explores whether the conditions are ripe for a “Grotian Moment”—a paradigm shifting development leading to accelerated formation of customary international law related to the human right to a healthy environment.
Drops In The Ocean: The Hidden Power Of Rights-Based Climate Change Litigation, Craig Martin
Drops In The Ocean: The Hidden Power Of Rights-Based Climate Change Litigation, Craig Martin
Case Western Reserve Journal of International Law
An increasing number of legal challenges to government climate change policies are being advanced on the basis that states are violating the human rights or constitutional rights of applicants. A number of high-profile cases in Europe have upheld such claims and ordered governments to adjust their policies. But questions remain regarding how effective such rights-based cases may be in the effort to enforce climate change law obligations or encourage government responses to the crisis. This Article explores how such rights-based cases may exercise greater influence than is typically understood.
After explaining briefly the relevant human rights and climate change law, …
U.S. National Security And Climate Change, Alexandra E. Koch, Nicole K. Carle, Gregory P. Noone
U.S. National Security And Climate Change, Alexandra E. Koch, Nicole K. Carle, Gregory P. Noone
Case Western Reserve Journal of International Law
As sea temperatures rise and natural disasters intensify, it is critical that the U.S. national security strategy actively include plans to account for global climate change and address the complex environmental and humanitarian challenges that parallel and are driven by rising temperatures, such as resource scarcity, forced displacement, and regional instability. Climate change acts as a “threat multiplier for instability” in some of the most volatile regions of the world and can contribute to rising tensions even in historically stable regions. Climate change can also lead to increased vulnerability of military infrastructure and logistics, undermine military readiness, and demand a …
Deadly Journeys: Climate Change, U.S. Border Enforcement, And Human Rights, Julia Neusner
Deadly Journeys: Climate Change, U.S. Border Enforcement, And Human Rights, Julia Neusner
Case Western Reserve Journal of International Law
Extreme weather events and slow onset disasters, exacerbated by climate change, are increasingly driving global displacement. As displaced people seek cross-border protection in unprecedented numbers, the United States has responded by tightening border controls and restricting asylum access. These policies have exposed migrants and asylum seekers in transit to greater risks of injury and death due to the impacts of climate change and climate-related disasters. Drawing on legal analysis, historical context, and firsthand interviews with people seeking U.S. asylum, this Article examines the implications of U.S. policies that limit freedom of movement and asylum access. The Article raises critical legal …
Rising Sea Levels And Rising State Interest: How The Arctic Council Should Respond To The Realities Of Climate Change And The Resulting Rise In State Interest In A Navigable Arctic, Jack Kirkpatrick
Emory International Law Review
No abstract provided.
Developments At The United Nations International Law Commission On Sea-Level Rise, Claudio Grossman Guiloff
Developments At The United Nations International Law Commission On Sea-Level Rise, Claudio Grossman Guiloff
American University International Law Review
This article examines some of the challenges presented by the phenomenon of sea-level rise in relation to international law with a focus on the analysis undertaken by the Study Group on Sea-Level Rise (“Study Group”) of the United Nations International Law Commission (“ILC”).
Climate Change, Corruption, And Colonialism: Solving The Conundrum With Regional Courts, Taylor Nchako
Climate Change, Corruption, And Colonialism: Solving The Conundrum With Regional Courts, Taylor Nchako
Northwestern University Law Review
It is no secret that climate change is the most pressing issue of our times. Global South countries, especially those in Africa, face challenges mitigating the worst impacts of climate change, adapting technological solutions, and continuing to develop their nation’s infrastructure and industry. Cameroon provides an archetypal example of the challenges many African countries face. Plagued by an economy that both exacerbates climate change and stands to collapse from it, Cameroon struggles with corruption that has roots in colonialism and neocolonialism. This corruption taints not only the forestry service and the executive branch, but the judiciary as well, leaving Cameroon’s …
Itlos Advisory Opinion On Climate Change: Summary Of Briefs And Statements Submitted To The Tribunal, Maria Antonia Tigre, Korey Silverman-Roati
Itlos Advisory Opinion On Climate Change: Summary Of Briefs And Statements Submitted To The Tribunal, Maria Antonia Tigre, Korey Silverman-Roati
Sabin Center for Climate Change Law
This report provides a summary of the briefs and statements submitted to the International Tribunal for the Law of the Sea (ITLOS) in response to the Co-Chairs of Commission of Small Island States (COSIS)’ request for an advisory opinion on climate change-related legal questions. The central issue before the ITLOS is whether State Parties to UNCLOS have specific obligations regarding the prevention, reduction, and control of marine environmental pollution stemming from climate change, as well as the protection and preservation of the marine environment concerning climate change impacts. While States and civil society organizations have put forward a variety of …
Beyond The North–South Divide: Litigation's Role In Resolving Climate Change Loss And Damage Claims, Maria Antonia Tigre, Margaretha Wewerinke-Singh
Beyond The North–South Divide: Litigation's Role In Resolving Climate Change Loss And Damage Claims, Maria Antonia Tigre, Margaretha Wewerinke-Singh
Sabin Center for Climate Change Law
Within the international climate regime, legal aspects surrounding loss and damage (L&D) are contentious topics, implicating liability, compensation and notions of vulnerability. The attribution of responsibility and the pursuit of redress for L&D present intricate legal and governance challenges. The ongoing debates under the United Nations Framework Convention on Climate Change are characterized by a pronounced North–South divide and have done little to provide tangible support to those most affected by L&D. This apparent neglect has prompted exploration of alternative avenues for climate harm redress. The burgeoning field of litigation for liability and compensation of climate harm holds potential significance …
The Great Climate Migration: A Critique Of Global Legal Standards Of Climate-Change Caused Harm, Mariah Stephens
The Great Climate Migration: A Critique Of Global Legal Standards Of Climate-Change Caused Harm, Mariah Stephens
Sustainable Development Law & Policy
Approximately 2.4 billion people, or about forty percent of the global population, live within sixty miles (one hundred kilometers) of a coastline. The United Nations (“U.N.”) determined that “a sea level rise of half a meter could displace 1.2 million people from low-lying islands in the Caribbean Sea and the Indian and Pacific Oceans, with that number almost doubling if the sea level rises by two metres.” The U.N. also reports that “sudden weather-related hazards” have internally displaced an annual average of 21.5 million people since 2008. Within the next few decades, this number is likely to continue to increase. …
Editors' Note, Rachel Keylon, Meghen Sullivan
Editors' Note, Rachel Keylon, Meghen Sullivan
Sustainable Development Law & Policy
For more than two decades, the Sustainable Development Law and Policy Brief (“SDLP”) has published works analyzing emerging legal and policy issues within the fields of environmental, energy, sustainable development, and natural resources law. SDLP has also prioritized making space for law students in the conversation. We are honored to continue this tradition in Volume XXIII.
Centrality And Compliance: Unitary Vs. Federalist Political Systems In The Implementation Of The Kyoto Protocol In Argentina And Uruguay, Aidan Homan
Baker Scholar Projects
When Uruguay and Argentina first gained their respective independence in the early 1800s, they appeared to be following the same path of development As countries that came from the same Spanish colonization, share almost identical agricultural economies, and retain a close relationship, it is logical that they would follow similar trajectories. This assumption proves to be inaccurate in more ways than one, but most prominently within the environmental sphere. One way to analyze this difference in policy implementation lies in compliance with international environmental treaties which contain specific goals and limits for all parties involved. The Kyoto Protocol presents a …
Towards A Just Transition Impact Assessment Framework, Adebayo Gbenga Majekolagbe
Towards A Just Transition Impact Assessment Framework, Adebayo Gbenga Majekolagbe
PhD Dissertations
Just transition is a contested notion. Its definitions range from status quo enforcing to transformation engendering. Traditionally, just transition focuses on local jobs and workers. Its application within the climate change context retains this traditional focus. From its recognition in the Paris Agreement to its incorporation in domestic transition laws and policies, just transition is essentially interpreted as jobs transition. Further, the scholarship and law of just transition are primarily normatively built on the distributive and procedural conceptualizations of justice. Also, although planning is construed as central to a just transition, there is no clarity on how abstract proposals on …
About Sdlp, Sdlp
About Sdlp, Sdlp
Sustainable Development Law & Policy
The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.
International Advisory Proceedings On Climate Change, Benoit Mayer
International Advisory Proceedings On Climate Change, Benoit Mayer
Michigan Journal of International Law
Several island states are expected to be severely harmed by climate change and rising sea levels. In late 2021, several island states launched two legal initiatives aimed at requesting advisory opinions of international courts on the law applicable to climate change. In the hope of fostering more action to combat climate change, these states are asking international courts to clarify the obligations of states to cut greenhouse gas emissions and pay reparations for harm already caused.
This article provides the first comprehensive assessment of the feasibility and desirability of international advisory proceedings on climate change. It analyzes recent developments and …
International Law In The Boardroom, Kishanthi Parella
International Law In The Boardroom, Kishanthi Parella
Scholarly Articles
Conventional wisdom expects that international law will proceed through a “state pathway” before regulating corporations: it binds national governments that then bind corporations. But recent corporate practices confound this story. American corporations complied with international laws even when the state pathway broke down. This unexpected compliance leads to three questions: How did corporations comply? Why did they do so? Who enforced international law? These questions are important for two reasons. First, many international laws depend on corporate cooperation in order to succeed. Second, the state pathway is not robust, then or now. It is therefore vital to identify alternatives to …
Climate Security Insights From The Covid-19 Response, Mark P. Nevitt
Climate Security Insights From The Covid-19 Response, Mark P. Nevitt
Faculty Articles
The climate change crisis and COVID-19 crisis are both complex collective action problems. Neither the coronavirus nor greenhouse gas (GHG) emissions respect political borders. Both impose an opportunity cost that penalizes inaction. They are also increasingly understood as nontraditional, novel security threats. Indeed, COVID-19’s human cost is staggering, with American lives lost vastly exceeding those lost in recent armed conflicts. And climate change is both a threat accelerant and a catalyst for conflict—a characterization reinforced in several climate-security reports. To counter COVID-19, the President embraced martial language, stating that he will employ a “wartime footing” to “defeat the virus.” Perhaps …
La Migracion Ambiental En La Frontera Colombo-Ecuatoriana: ¿ Es Suficiente La Proteccion Internatcional Para Los Eco-Refugiados ?, David Delgado
La Migracion Ambiental En La Frontera Colombo-Ecuatoriana: ¿ Es Suficiente La Proteccion Internatcional Para Los Eco-Refugiados ?, David Delgado
American University International Law Review
El cambio climático es un fenómeno mundial que, acelerado por las actividades humanas, provoca grave degradación ambiental causando olas de migración humana y atentando contra el derecho a la vida. Estas actividades, algunas toleradas por la comunidad internacional, provocan el desplazamiento internacional no solo de habitantes de Estados insulares, sino también de terrestres como Ecuador y Colombia. Sin embargo, a pesar que la migración por causas ambientales es un fenómeno mundial cada vez más frecuente, no existe protección internacional para quienes se ven obligados a realizarla. El presente articulo expone la migración ambiental que sufren las comunidades indígenas que habitan …
Climate Change And The Specter Of Statelessness, Mark P. Nevitt
Climate Change And The Specter Of Statelessness, Mark P. Nevitt
Faculty Articles
What happens when climate change extinguishes entire nations? Neither international nor environmental law has provided a satisfactory answer to this weighty question. Climate change-induced flooding, storm surge, and sea level rise threaten the territorial integrity and habitability of several small island developing states, raising the specter of statelessness. We know that climate catastrophe is coming, but we have failed to take the necessary steps to safeguard several developing nations. This Article argues that innovative legal and policy solutions are needed today to prevent nation extinction tomorrow. I focus on two potential international governance solutions: the U.N. Framework Convention on Climate …
Developing American Wine Law – Lessons From European Wine Regulation In The Face Of Climate Change And Growing Demand, Kyle Amendt Shimomura
Developing American Wine Law – Lessons From European Wine Regulation In The Face Of Climate Change And Growing Demand, Kyle Amendt Shimomura
Emory International Law Review
No abstract provided.
When The Race To Net Zero Becomes A Race To The Bottom: Human Rights Violations In The Renewable Energy Transition And The Extraterritorial Obligation To Protect Human Rights, Yogi Bratajaya
American University International Law Review
Recent reports published by the Intergovernmental Panel on Climate Change (IPCC) have shed light on and confirmed the extent of damages that will result if the world fails to keep global warming below 2°C. Irreversible adverse impacts on our ecosystems and the increasing frequency and intensity of natural disasters will have a significant negative effect on the enjoyment of human rights worldwide. Climate change is already affecting food security through increasing temperatures, changing precipitation patterns, and greater frequency of some extreme events. Additionally, the deteriorating conditions caused by climate change will cause millions of people to leave their homes and …