Environmental Law Commons^™

Conservation Easements And Climate Change, Daniel L. Aaronson, Michael B. Manuel

Sustainable Development Law & Policy

No abstract provided.

Climate Change And The States: Constitutional Issues Arising From State Climate Protection Leadership, Robert K. Huffman, Jonathan M. Weisgall

Sustainable Development Law & Policy

No abstract provided.

International Trade Law And The “Carbon Leakage” Problem: Are Unilateral U.S. Import Restrictions The Solution?, Bernd G. Janzen

Sustainable Development Law & Policy

No abstract provided.

Cool It: The Skeptical Environmentalist’S Guide To Global Warming By Bjørn Lomborg, Mary J. Bortscheller

Sustainable Development Law & Policy

No abstract provided.

World News, Nathan Borgford-Parnell

Sustainable Development Law & Policy

No abstract provided.

International Polar Year As A Catalyst For Sustaining Arctic Research, Karen Kraft Sloan, David Hik

Sustainable Development Law & Policy

No abstract provided.

Supporting Adaptation: A Priority For Action On Climate Change For Canadian Inuit, James D. Ford

Sustainable Development Law & Policy

No abstract provided.

Searching For A Voice: The Indigenous People In Polar Regions, Eunjung Park

Sustainable Development Law & Policy

No abstract provided.

A Tale Of Two Poles: A Comparative Look At The Legal Regimes In The Arctic And The Antarctic, Erika Lennon

Sustainable Development Law & Policy

No abstract provided.

Hydrocarbon Development And Maritime Shipping For The Circumpolar Arctic In The Context Of The Arctic Council And Climate Change, Magdalena A K Muir

Sustainable Development Law & Policy

No abstract provided.

Mitigating Black Carbon As A Mechanism To Protect The Arctic And Prevent Abrupt Climate Change, Marcel De Armas, Maria Vanko

Sustainable Development Law & Policy

No abstract provided.

Sustainable Development And Market Liberalism's Shotgun Wedding: Emissions Trading Under The Kyoto Protocol, David M. Driesen

Indiana Law Journal

This Article analyzes the international emissions trading regime at the heart of the world's effort to address global warming as a means of exploring broader international governance issues. The trading regime seeks to marry two models of global governance, market liberalism, which embraces markets as the model of global governance, and sustainable development, which seeks to change development patterns to protect future generations.

This Article explores a previously unacknowledged tension between market liberalism's goal of maximizing short-term cost effectiveness and sustainable development's goal of catalyzing technological change for the benefit of future generations.T his Article presents new data and theory …

The Centennial Of The Boundary Waters Treaty: A Century Of United States-Canadian Transboundary Water Management, Noah D. Hall

Law Faculty Research Publications

No abstract provided.

El Surgimiento Del Derecho Ambiental Global, Robert V. Percival

Faculty Scholarship

Legal systems across the globe are responding to environmental concerns in surprising new ways. As nations upgrade their environmental standards, some are transplanting law and regulatory policy innovations derived from the experience of other countries, including nations with very different legal and cultural traditions. New national, regional, and international initiatives have been undertaken both by governments and private organizations. Greater cross-border collaboration between government officials, nongovernmental organizations, multinational corporations and other entities is shaping environmental policy in ways that blur traditional private/public land domestic/international distinctions. The result has been the emergence of a kind of “global environmental law” – law …

Beyond The Liability Wall: Strengthening Tort Remedies In International Environmental Law, Noah M. Sachs

Law Faculty Publications

Despite decades of effort, the international community has stumbled in attempts to craft tort remedies for victims of transboundary environmental damage. More than a dozen civil liability treaties have been negotiated that create causes of action and prescribe liability rules, but few have entered into force, and most remain unadapted orphans in international environmental law. In this Article, I explain the problematic record of tort liability regimes by developing a theoretical model of liability negotiations grounded in regime theory from political science. Based on this model, I conclude that negotiated liability regimes have foundered because of three main roadblocks: ( …

Climate Change, Intergenerational Equity, And International Law, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

Climate change is an inherently intergenerational problem with extremely serious implications for equity between ourselves and future generations and among communities in the present and the future. More than twenty years ago I wrote an article entitled Climate Change, Intergenerational Equity and International Law. The basic issues and the analysis remain the same, though a number of international agreements relevant to climate change have been concluded since then.

Power Paradox: The Algorithm Of Carbon And International Development, Steven Ferrey

Suffolk University Law School Faculty Works

The world is increasingly becoming smaller -- and hotter. The Kyoto Protocol Clean Development Mechanism, designed to reduce carbon emissions in developing nations and provide tradable Carbon Emission Reduction credits, has not motivated significant renewable energy investments in developing nations. Without such investments, especially in Asia which is expected to account for more than half of future growth in carbon emissions, world efforts to significantly reduce global warming have zero chance of success. The problem is not technological, but rather an institutional challenge to develop the correct laws, incentives and contract documents and tariffs to succeed in developing countries. This …

Home State Responsibility And Local Communities: The Case Of Global Mining, Sara L. Seck

Articles, Book Chapters, & Popular Press

Home states that are actively engaged in global mining have considered and rejected calls to regulate the conduct of transnational mining corporations so as to prevent and remedy human rights and environmental harms. This reluctance to regulate is often expressed as a concern that extraterritorial regulation will conflict with the sovereignty of foreign states. This paper argues that the public international law of jurisdiction is permissive of home state regulation that can be justified under the nationality or territoriality principles, provided that there is no true conflict with an exercise of host state jurisdiction. In the human rights and environment …

The Permissible Reach Of National Environmental Policies, Henrik Horn, Petros C. Mavroidis

Faculty Scholarship

Trading nations exchange tariff concessions in the context of trade liberalizing rounds. Tariffs, nonetheless, are not the only instrument affecting the value of a concession. Domestic instruments affect it as well, but public order is not negotiable, and, consequently, is not scheduled. Public order is unilaterally defined, but must respect the default rules concerning allocation of jurisdiction which are common to all WTO Members and bind them by virtue of their appurtenance to the international community. In this paper, we focus on the interaction between trade and environment. The purpose of this study is to highlight how these rules and …

A New Environmental Order: Laying The Legal And Administrative Foundation For Global Environmental Governance, Deepa Badrinarayana

Dissertations & Theses

This dissertation argues that global environmental governance can be strengthened by structuring legal and administrative mechanisms to meet the demands of the current world order. In particular, this dissertation provides a theoretical analysis of those legal and administrative mechanisms that can improve environmental governance in a globalizing world. However, since it is a theoretical analysis, this dissertation does not assert that the analysis in itself will simplify the process of strengthening the rule of law, resolve all environmental issues, or require every single environmental problem to be addressed through an international process. Rather, the objective of the analysis is to …

Targets And Timetables: Good Policy But Bad Politics?, Daniel M. Bodansky

Scholarly Works

From a policy perspective, a climate architecture based on economy-wide, binding emissions targets, combined with emissions trading, has many virtues. But even such an architecture represents good climate policy, it is far more questionable whether it represents good climate politics -- at least in the near-term, for the upcoming "post-2012" negotiations. Given the wide range of differences in national perspectives and preferences regarding climate change, a more flexible, bottom-up approach may be needed, which builds on the efforts that are already beginning to emerge, by allowing different countries to assume different types of international commitments – not only absolute targets, …

International Law's Lessons For The Law Of The Lakes, Joseph W. Dellapenna

Working Paper Series

The eight Governors of the Great Lakes States signed a proposed new compact for the Great Lakes and St. Lawrence basin on December 13, 2005, and they joined with the Premiers of Ontario and Québec in a parallel agreement on the same topic on the same day. Neither document is legally binding—the proposed new compact because it has not yet been ratified by any state nor consented to by Congress; the parallel agreement because it is not intended to be legally binding. Both documents are designed to preclude the export of water from the Great Lakes-St. Lawrence basin apart from …

Mexico's Implementation Of The Biodiversity Convention And The Catagena Protocol In The Gmo Era: Challenges In Principles, Policies, And Practices, Juan Antonio Herrera

PhD Dissertations

Recent developments in genetic modification and the use of Living Modified Organisms (LMOs) in agriculture have ignited a debate over the potential effects of these organisms on biological diversity. This controversy materializes in the clash between the international environmental and trade regimes. Multilateral Environmental Agreements (MEAs), such as the 1992 Convention on Biological Diversity (CBD) focus on the preservation of biological diversity and, in the case of the Cartagena Protocol on Biosafety (Cartagena Protocol), the safe transfer of LMOs. These Agreements encourage States to base national decisions to allow LMO imports on environmental and risk assessments using the precautionary principle. …

Litigating Canada-U.S. Transboundary Harm: International Lawmaking And The Threat Of Reciprocity, Shi-Ling Hsu

Scholarly Publications

No abstract provided.

Local Agriculture Perspectives In The Middle Rio Grande Valley, Cecilia Rosacker-Mccord

Publications

No abstract provided.

A Basin-Wide Approach To Water Management In The Middle Rio Grande Valley, Rolf Schmidt-Petersen

Publications

No abstract provided.

Climate Change As A Global Challenge, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Model Interstate Water Compact, Ken Knox

Publications

No abstract provided.

Advisory Committee Recommendations - The Utton Center Model Interstate Water Compact, State Bar Center, State Bar Of New Mexico

Publications

No abstract provided.

Revisiting The Doctrine Of Intergenerational Equity In Global Environmental Governance, Lynda M. Collins

Dalhousie Law Journal

In the absence of binding international enforcement mechanisms, global environmental governance must rely on a legal framework that has widespread normative force around the world. In addition, such a framework should be sufficiently detailed and pragmatic to allow for effective implementation, should achieve the goal of environmental protection, and should be reasonable in terms of the level of sacrifice expected of the present generation, particularly in the developing world. Itis arguedthat the comprehensive doctrine ofintergenerational equity is an effective and appropriate legal framework for global environmental governance. The doctrine ofintergenerational equityposits thepresent generation of humans as simultaneously beneficiaries of the …