International Law Commons^™

The Law Of The Sea: Offshore Installations And Marine Pollution, John Warren Kindt

Pepperdine Law Review

No abstract provided.

A Game-Theoretic Model Of International Climate Negotiations, Shi-Ling Hsu

Scholarly Publications

No abstract provided.

A Troubled Agreement For Troubled Waters: How An Amended Boundry Waters Treaty Can Solve The Great Lakes Agreement's Fatal Flaws, Paul Shugar

Global Business Law Review

Great Lakes water fuels $4.2 trillion of gross-domestic product (“GDP”), making the Great Lakes Region the largest bi-national regional economy in the world. But what are the United States and Canada doing to protect the world’s largest readily available freshwater resource? The Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement’s failures show that Canada and the United State must amend the outdated Boundary Waters Treaty of 1909. This amended treaty would provide a uniform approach to regulating the Great Lakes so the states and provinces on both sides of the border must play by the same rules regarding water …

Global Warming Heats Up The American-Canadian Relationship: Resolving The Status Of The Northwest Passage Under International Law, William Y. Kim

Canada-United States Law Journal

No abstract provided.

Arctic Ice Melt: Emerging Resources, Emerging Issues, The, Thomas Au, Theodore Parran Iii, Jessica Rubin, Jonathan Slomski

Canada-United States Law Journal

No abstract provided.

The Global Land Rush: Markets, Rights, And The Politics Of Food, Smita Narula

Elisabeth Haub School of Law Faculty Publications

In the past five years, interest in purchasing and leasing agricultural land in developing countries has skyrocketed. This trend, which was facilitated by the 2008 food crisis, is led by state and private investors, both domestic and foreign. Investors are responding to a variety of global forces: Some are securing their own food supply, while others are capitalizing on land as an increasingly promising source of financial returns. Proponents argue that these investments can support economic development in host states while boosting global food production. But critics charge that these “land grabs” disregard land users' rights and further marginalize already …

Dynamic Governance Innovation, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

This article frames environmentally sound innovation in the context of transnational network theory with the goal of setting forth a preliminary framework for international legal policy coherence. I consider how network dynamics can facilitate broad diffusion of environmentally sound technologies, concluding that what appears to be fragmented trade, environment, and human rights regimes are indeed sustainable development building blocks with which to achieve dynamic governance. Collaborative environmentally sound innovation networking may be able to shepherd whole renewable energy sectors across the innovation valley of death and help turn a global responsibility to ramp up green technology into a global initiative …

Frameworks For Amending Reservoir Water Management, Ethan Mower, Leandro E. Miranda

Publications

Managing water storage and withdrawals in many reservoirs requires establishing seasonal targets for water levels (i.e., rule curves) that are influenced by regional precipitation and diverse water demands. Rule curves are established as an attempt to balance various water needs such as flood control, irrigation, and environmental benefits such as fish and wildlife management. The processes and challenges associated with amending rule curves to balance multiuse needs are complicated and mostly unfamiliar to non-US Army Corps of Engineers (USACE) natural resource managers and to the public. To inform natural resource managers and the public we describe the policies and process …

Winter 2013 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.

The Chevron-Ecuador Dispute, Forum Non Conveniens, And The Problem Of Ex Ante Inadequacy, Howard M. Erichson

Faculty Scholarship

These opening lines from Chevron's website of "facts about Chevron and Texaco in Ecuador" refer to the latest salvo in a long-running environmental dispute concerning a Texaco subsidiary's Ecuadorian oil-drilling activities. Chevron resisted enforcement in the United States of an Ecuadorian court's $18 billion judgment, and the plaintiffs are seeking to enforce the judgment against Chevron in various courts around the world. Chevron's account suggests that the plaintiffs' lawyers are engaged in improper forum-shopping. The plaintiffs'lawyers, according to Chevron, ought to pursue enforcement of the judgment in the United States.

Australia's Clean Energy Act: A New Measure In The Global Carbon Market, Bruno Zeller Dr., Michael Longo Dr.

Loyola University Chicago International Law Review

No abstract provided.

Loyola University Chicago International Law Symposium Keynote Address Towards An African Human Rights Perspective On The Extractive Industry, Pacifique Manirakiza

Loyola University Chicago International Law Review

No abstract provided.

Cafta-Dr's Citizen Submission Process: Is It Protecting The Indigenous Peoples Rights And Promoting The Three Pillars Of Sustainable Development? , Josephine M. Balzac

Loyola University Chicago International Law Review

No abstract provided.

Forest Carbon (Redd+), Repairing International Trust, And Reciprocal Contractual Sovereignty, David Takacs

Faculty Scholarship

No abstract provided.

International Law In The Anthropocene: Responding To The Geoengineering Challenge, Karen N. Scott

Michigan Journal of International Law

From The Odyssey to The Tempest and beyond, the control and deliberate manipulation of the weather constitutes an enduring and universal theme in myth and literature. In the twenty-first century, it is scientists and engineers rather than authors and artists who dream of weather and climate control, and their story, as described by James Rodger Fleming, "is not, in essence, a heroic saga about new scientific discoveries that can save the planet, as many of the participants claim, but a tragicomedy of overreaching, hubris, and self-delusion." This notwithstanding, the argument that we should deliberately manipulate earth systems and natural processes …

Climate Change Geoengineering: Philosophical Perspectives, Legal Issues, And Governance Frameworks, William C. G. Burns, Andrew L. Strauss

School of Law Faculty Publications

The international community is not taking the action necessary to avert dangerous increases in greenhouse gases. Facing a potentially bleak future, the question that confronts humanity is whether the best of bad alternatives may be to counter global warming through human-engineered climate interventions. In this book, eleven prominent authorities on climate change consider the legal, policy, and philosophical issues presented by geoengineering. The book asks: When, if ever, are decisions to embark on potentially risky climate modification projects justified? If such decisions can be justified, in a world without a central governing authority, who should authorize such projects and by …

Introductory Remarks. Arctic Law: The Challenges Of Governance In The Changing Arctic, Austen L. Parrish

Articles by Maurer Faculty

No abstract provided.

Human Rights And The Evolution Of Global Environmental Law, Robert V. Percival

Faculty Scholarship

Environmental problems that jeopardize the health of humans increasingly implicate concerns that have played an important role in the development of international human rights. While some have questioned the wisdom or effectiveness of focusing human rights concerns on environmental problems, it seems an inevitable response to the failure of many countries to protect their citizens adequately from harm caused by environmental degradation. This paper reviews efforts to apply human rights concerns to environmental problems. It describes how these developments illustrate the growth of a kind of “global environmental law” that blurs traditional distinctions between domestic and international law and public …

International Law In A Time Of Scarcity: An Introduction, Harlan G. Cohen

Faculty Scholarship

Stories of scarcity litter the morning newspapers. Around the world, resources — food, water, fuel sources, clean air — seem stretched to, or even beyond, capacity. Consequences have already been serious, including suffering and unrest. Competition for resources seems likely only to increase. Does international law have the tools to manage or even solve this growing global problem? It was with this question in mind that the editors of the Georgia Journal of International and Comparative Law convened their 2012 symposium: “International Law in a Time of Scarcity.”

This short essay serves as introduction to that symposium and the related …

Thirsty For A Solution: Using The Rural Electrification Administration Model To Resolve The Failure Of Privatization Of Water Utilities In Bolivia, Michael Nichola

Florida A & M University Law Review

No abstract provided.

Drafting Model Laws On Indoor Pollution For Developing And Developed Nations Workshop, July 12-13, 2012, Boulder, Colorado: Introduction, Lakshman Guruswamy

Publications

No abstract provided.

Development And Dissemination Of Clean Cookstoves: A Model Law For Developing Countries, Lakshman Guruswamy

Publications

No abstract provided.

Commonality Among Unique Indigenous Communities: An Introduction To Climate Change And Its Impacts On Indigenous Peoples, Randall S. Abate

Journal Publications

This special Issue of the Tulane Environmental Law Journal explores how climate change affects the rights of indigenous peoples. Climate change is a global environmental problem caused by greenhouse gas emissions. Indigenous peoples generally contribute very limited quantities of greenhouse gases to the global atmosphere. Although the causes of climate change are global, the adverse impacts of this problem are disproportionately burdening indigenous peoples.

In recognition of the growing global problem of climate change, legal strategies to address climate change through mitigation and adaptation have been undertaken. This Issue recognizes that indigenous peoples are particularly vulnerable to climate change, both …

Global Environmental Law: Food Safety & China, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

This article makes the case for food security law and policy as a component of global environmental law in recognition of the global economy, trade liberalization, and concerns for food safety and environmental harm. It further describes rule of law as a significant force in mitigating food safety concerns and pollution in China. Part II explores global food safety concerns in the context of United States-China relations, while Part III discusses the U.S. Food & Drug Administration's on-the-ground presence in China as an example of the emergence of cooperative agreements in global environmental governance. Part IV shows how increased rule …

Archival: A Water Rights Manual For Mutual Domestic Water Consumers Associations, Utton Center, University Of New Mexico - School Of Law, Zackeriah Carpenter, Gregory Chakalian, Darcy S. Bushnell

Publications

The Utton Center prepared this Water Rights Manual to assist Mutual Domestic Water Consumers Associations (MDWCAs) with the development, protection and management of their water rights.

This manual provides an introduction to and defines Water Rights in New Mexico, as well as to acquire and have recognized Water Rights. This document also covers water management and planning, and provides additional resources.

Multipolar Governance Across Environmental Treaty Regimes: The Ramsar Convention In Its Middle Age, Kim Diana Connolly

Journal Articles

No abstract provided.

Persuasion Treaties, Melissa (M.J.) Durkee

Scholarship@WashULaw

All treaties formalize promises made by national parties. Yet there is a fundamental difference between two kinds of treaty promise. This difference divides all treaties into two categories: treaties that govern the behavior of state parties and their agents fall in one category; treaties in the second category—those I call “persuasion” treaties—commit state parties to changing the behavior of non-state actors as well. The difference is important because the compliance problems for the two sets of treaties sharply diverge. Persuasion treaties merit our systematic attention because they are both theoretically and practically significant. In areas such as international environmental affairs, …

Keynote: Sustainability And Sovereignty In The 21st Century, Stephen C. Mccaffrey

McGeorge School of Law Scholarly Articles

No abstract provided.

Getting Ahead Of The Curve: Supporting Adaptation To Long-Term Climate Change And Short-Term Climate Variability Alike, Alexis Saba, Michela Biasutti, Michael B. Gerrard, David B. Lobell

Faculty Scholarship

The United Nations Framework Convention on Climate Change (UNFCCC) has been meeting since 1995, and in recent years, it has increasingly focused on facilitating and funding climate change adaptation in developing countries. Other sources of financing, from multilateral development banks to bilateral and multilateral agreements among countries, are also providing resources for adaptation. Simultaneously, climate scientists around the world are updating their forecasts on the nature of future climate change. This article seeks to examine the scope of funding available for climate change adaptation and how climate change forecasts are used to plan for and evaluate climate change adaptation. We …

Some Pluralism About Pluralism: A Comment On Hanoch Dagan's "Pluralism And Perfectionism In Private Law", Jedediah S. Purdy

Faculty Scholarship

Hanoch Dagan is among “those who think it advantageous to get as much ethics into the law as they can,” in the phrase of Oliver Wendell Holmes, Jr. His pluralism is a perfectionism for polytheists: There are many human goods, and each has its domain, including some portion of the law of property. Depending on where we stand on the property landscape at any time, we may be community-minded sharers, devoted romantics in marriage, or coolly rational market actors, and the local property law will smooth each of these paths for us. Property law is built on the design of …