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Full-Text Articles in Law
Reframing Global Biodiversity Protection After Covid-19: Is International Environmental Law Up To The Task?, Maria Antonia Tigre, Natalia Urzola, Victoria Lichet
Reframing Global Biodiversity Protection After Covid-19: Is International Environmental Law Up To The Task?, Maria Antonia Tigre, Natalia Urzola, Victoria Lichet
Sabin Center for Climate Change Law
In an increasingly interdependent world, the climate and biodiversity crises are, more than ever, inextricably tied to human health and the transmission of infectious diseases. The 2020 Covid-19 pandemic has irrevocably shown us that the exploitation of wild species and deforestation increases and modifies the interface between people and wildlife, leading to a spillover of diseases from wildlife to people. From a legal perspective, the gaps in international environmental law have contributed to the lack of an effective international biodiversity policy. In light of the challenges brought by the pandemic, there is now an opportunity to rethink our existing legal …
Federal Implementation Plans And The Path To Clean Power, Daniel Selmi
Federal Implementation Plans And The Path To Clean Power, Daniel Selmi
Sabin Center for Climate Change Law
Promulgated under the Clean Air Act in October 2015, the Clean Power Plan (“CPP”) requires states to significantly reduce carbon emissions from existing power plants and is the centerpiece of the Environmental Protection Agency’s (“EPA”) response to global warming. Many states have filed lawsuits challenging the CPP and some states have vowed that, if those suits are unsuccessful, they will refuse to implement it. In turn, EPA has proposed rules that would implement the CPP by imposing a “federal implementation plan” (“FIP”) upon those recalcitrant states under the authority of the Clean Air Act. Thus, the success of the CPP …
Environmental Law: Time To Reboot, James Gustave Speth
Environmental Law: Time To Reboot, James Gustave Speth
Sabin Center for Climate Change Law
Presentation given by James Gustave Speth at the 2016 David Sive Memorial Lecture.
Bi-Polar And Polycentric Approaches To Human Rights And The Environment, Michael Burger
Bi-Polar And Polycentric Approaches To Human Rights And The Environment, Michael Burger
Sabin Center for Climate Change Law
Within the well-established human rights system, there exist at least three ways to promote environmental ends (each of which is discussed further in Section III below): (1) mobilizing existing rights to achieve environmental ends; (2) reinterpreting existing rights to include environmental concerns; and (3) creating new rights, such as the right to a clean environment. To justify engaging in any one of these processes, an advocate must recognize both their moral legitimacy and legal utility. As one author has argued, "the justification for rights is to be found in the way in which they enable us to address a key …