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Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Following New Zealand’S Teitiota Judgment, Matthew Scott Apr 2014

Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Following New Zealand’S Teitiota Judgment, Matthew Scott

Matthew Scott

Extreme weather events have the potential to cause serious harm and can contribute to displacement. Such events are expected to increase in frequency and/or intensity as a consequence of climate change. It is therefore of concern that there is widely considered to be a protection gap when affected individuals cross an international border. However, apart from a handful of cases in Australia and New Zealand, the contours of this perceived gap have seldom been tested in practice. Most recently, the High Court of New Zealand in Teitiota v Chief Executive of the Ministry of Business Innovation and Employment described a …


Oil And Gas And Floods, Justin Pidot Mar 2014

Oil And Gas And Floods, Justin Pidot

University of Richmond Law Review

This symposium article has three goals. First, it seeks to draw attention to the pressing risks that natural disasters pose to energy infrastructure. It focuses on one type of natural disaster flooding and one variety of energy infrastructure-oil and natural gas. Natural disasters do not, however, discriminate and also pose broad risks to energy systems of all stripes. Second, the article seeks to provide examples of existing federal and state legal regimes that address to some extent the dangers floods pose to the oil and gas industry. As we shall see, the regulatory regimes I address are sparse and hardly …


Coping With Climate: Legal Innovation In The Absence Of Full Reform, Robert R.M. Verchick, Faye Sheets Jan 2014

Coping With Climate: Legal Innovation In The Absence Of Full Reform, Robert R.M. Verchick, Faye Sheets

Robert R.M. Verchick

In the absence of a federal legislation directing government to adapt to the unavoidable effects of climate change, the Obama administration has put its faith in existing environmental laws like the Clean Air Act (“CAA”), the Endangered Species Act (“ESA”), and the National Environmental Policy Act (“NEPA”). But often federal objectives focus only on reducing greenhouse gases—what experts call “mitigation”—and neglect strategies for coping with the climate disruptions that we cannot avoid—otherwise known as “adaptation.” Where the federal policy falls short, states are beginning to experiment on their own with climate adaptation strategies. This essay examines both approaches, mitigation and …


Preface To Protecting The Environment Through Land Use Law: Standing Ground, John R. Nolon Jan 2014

Preface To Protecting The Environment Through Land Use Law: Standing Ground, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Protecting the Environment Through Land Use Law: Standing Ground takes a close look at the historical struggle of local governments to balance land development with natural resource conservation. This book updates and expands on his four previous books, which established a comprehensive framework for understanding the many ways that local land use authority can be used to preserve natural resources and environmental functions at the community level. Standing Ground describes in detail how localities are responding to new challenges, including the imperative that they adapt to and help mitigate climate change and create sustainable neighborhoods. This body of work emphasizes …


Conclusion: Reflections On The Rhythms Of Internationalisation In Post-Disaster Japan, Vera Mackie Jan 2014

Conclusion: Reflections On The Rhythms Of Internationalisation In Post-Disaster Japan, Vera Mackie

Faculty of Law, Humanities and the Arts - Papers (Archive)

On 7 Jul 2012. a concert was held at Makuhari Messe near Tokyo. The concert was part of a growing movement against nuclear power in the wake of the triple earthquake-tsunami-nuclear disaster in northeastern Japan on 11 March 2011. The headline performers were the Japanese band Yellow Magic Orchestra and the German band Kraftwerk. Since the earliest days of Yellow Magic Orchestra. band leader Sakamoto Ryuichi has forged an international career as a performer and composer, moving between Tokyo, New York and other global cities. In recent years, he has used his public profile to argue for environmental sustainability, so …