International Law Commons^™

World News, Nick Alarif, Kate Halloran

Sustainable Development Law & Policy

No abstract provided.

Aliens In The Garden, Jared A. Goldstein

University of Colorado Law Review

This Article examines environmental rhetoric and argues that a nationalist conception of nature has long distorted environmental policies. Environmental discourse frequently seeks to explain the natural world by reference to the world of nations, a phenomenon that can be characterizeda s the "nationalizationo f nature." A contemporary example of the nationalization of nature is the rhetoric of "Invasive species," which depicts harmful foreign plants and animals in ways that bear an uncanny resemblance to the demonization of foreigners by opponents of immigration. A typical newspaper article about invasive species, bearing the headline "Eeeeek! The eels are coming!," warned about an …

Emerging Global Environmental Governance, N. Brian Winchester

Indiana Journal of Global Legal Studies

Environmental thinking and activism are steadily gaining widespread, even global acceptance, but are often in conflict with economic interests and international politics. Environmental priorities are further challenged by scientific uncertainty involving effects that in some cases will only become manifest far into the future. Nonetheless, accompanying this global environmental awakening has been an extraordinary number of international agreements on a wide range of critical environmental issues. While many of these environmental regimes lack adequate financial support and sanctions for non-compliance, they involve a variety of non-state actors, suggesting meaningful movement towards an evolving, complex form of global environmental governance. Indeed, …

Pain, Gain, Or Shame: The Evolution Of Environmental Law And The Role Of Multinational Corporations, Michael Ewing-Chow, Darryl Soh

Indiana Journal of Global Legal Studies

The evolution of environmental law in the past century has been linked to the growing acceptance of the notion of collective global responsibility, which entails the notion of sustainable development. At the turn of this century, the focus in environmental law has shifted from the creation of a global framework to deal with environmental problems to that of compliance with these frameworks. As a result, the primary actor of environmental policy has shifted from the state to the corporation. How has environmental law developed so as to encourage compliance by this new primary actor? Conversely, how has the corporation been …

Reclaiming International Law From Extraterritoriality, Austen L. Parrish

Articles by Maurer Faculty

A fierce debate ensues among leading international law theorists that implicates the role of national courts in solving global challenges. On the one side are scholars who are critical of international law and its institutions. These scholars, often referred to as Sovereigntists, see international law as a threat to democratic sovereignty. On the other side are scholars who support international law as a key means of promoting human and environmental rights, as well as global peace and stability. These scholars are the 'new' Internationalists because they see non-traditional, non-state actors as appropriately enforcing international law at the sub-state level. The …

International Climate Negotiations: Opportunities And Challenges For The Obama Administration, David Hunter

Scholarly Articles in Law Reviews & Journals

This article is a discussion of the international dimensions of climate change policy facing the newly-elected Obama Administration, focusing on the Kyoto Protocol and subsequent Bali Road Map and Bali Action Plan. The Bali Action Plan set out a framework for negotiating a post-Kyoto agreement with binding commitments on all parties. The agreement is due to be finalized at the United Nations Framework Convention on Climate Change (UNFCCC) meeting in Copenhagen in December 2009, leaving the Obama Administration less than a year to shape its international climate policy and promote that policy effectively in the international negotiations.

The article addresses …

Environmental Impact Assessment In Post-Colonial Societies: Reflections On The Proposed Expansion Of The Panama Canal, Carmen Gonzalez

Faculty Articles

Post-colonial societies endowed with abundant natural resources often under-perform economically when these resources are exploited as economic enclaves lacking significant linkages to other sectors of the economy. The Panama Canal, a symbol of Panamanian identity and a reminder of Panama's lengthy colonial history, has historically functioned as an economic enclave akin to the mineral extraction and industrial agriculture enclaves prevalent throughout the developing world. Based on a case study of the contentious decision to expand the Panama Canal, this article examines the ways in which the colonial legacy distorts the development planning process, and discusses strategies that might be deployed …

Jumping The Pond: Transnational Law And The Future Of Chemical Regulation, Noah M. Sachs

Law Faculty Publications

Just as domestic pollution can cause transnational externalities, domestic environmental regulation can create transnational ripple effects in other jurisdictions. In this Article, I show how chemical regulation-long a weak link in the network of U.S. environmental laws-is about to be reshaped and reformed through the extraterritorial ripple effects of new European Union legislation. Contributing to both international law and environmental law scholarship, this Article shows how transnational information flows can be harnessed to end the longstanding drought of data on chemical toxicity in the United States. ·

Part I of this Article critiques the U.S. chemical regulatory regime, arguing that …

The New International Law-Makers? Conferences Of The Parties To Multilateral Environmental Agreements, Annecoos Wiersema

Michigan Journal of International Law

This Article adds to a nascent and still limited awareness that something important is afoot in international law: the activity of Conferences of the Parties (COPs) to multilateral environmental agreements (MEAs). Some of this activity-such as formal amendments to a treaty or protocol- requires a state party's consent before it will be binding on that state. This activity fits easily within traditional categories of the sources of international law and gives rise to new obligations for states that are identifiable as hard law. However, other activity by COPs does not require the consent of every state party to the treaty …

Arctic Warming: Environmental, Human, And Security Implications, Mary B. West

Vanderbilt Journal of Transnational Law

Arctic warming has myriad implications for the Arctic environment, residents, and nations. Although definitive predictions are difficult, without question the scope and rapidity of change will test the adaptive capacities of the Arctic environment as well as its residents. Warming is affecting marine ecosystems and marine life, terrestrial ecosystems, and the animals and people who depend on them. Human impacts include effects on access to food and resources; health and well being; and community cohesion, traditions, and culture. Increased shipping and resource activity create the need for additional maritime presence and security; better environmental and safety regulations; peaceful resolution of …

Climate Change Litigation: Opening The Door To The International Court Of Justice, Andrew L. Strauss

School of Law Faculty Publications

In March 2003, I wrote an article for the Environmental Law Reporter surveying potential international judicial forums where victims of global warming could bring lawsuits. In the ensuing six years, numerous lawsuits have been brought in the United States and in other countries, and environmentalists can now celebrate their first significant victory. In April 2007, based upon its finding that greenhouse gases are pollutants under Section 202(a)(1) of the U.S. Clean Air Act, the Supreme Court in Massachusetts v. EPA held that the U.S. Environmental Protection Agency (EPA) has the authority to regulate greenhouse gases.

Though we are still in …

Healthy Planet, Healthy People: Integrating Global Health Into The International Response To Climate Change, Lindsay Wiley

Scholarly Articles in Law Reviews & Journals

The potentially groundbreaking negotiations currently underway on the international response to climate change and national implementation of commitments under the United Nations Framework Convention on Climate Change (UNFCCC) include a number of hotly contested issues: (1) what degree of climate change is acceptable as a basis for emissions targets, (2) to what extent and in what ways climate change mitigation should incorporate emissions reductions or increased sinks for developing countries, (3) whether the legal regime governing mitigation can take advantage of the huge mitigation potential of changed practices in the land use and agricultural sectors, (4) how adaptation should be …

Beyond A Politics Of The Possible? South-North Relations And Climate Justice, Karin Mickelson

All Faculty Publications

This symposium’s issue on ‘Climate Justice and International Environmental Law: Rethinking the North–South Divide’ asks contributors to explore the intersection between law and emerging ideas of climate justice, and how international environmental law is shaped by and in turn reshapes (or fixates, or interrogates) our understandings of the North–South divide. In relation to the former, the author posits that there appears to be a profound disconnect between the law and the politics of climate change, one that reflects a broader disconnect between those who view the challenge posed by climate change through an ethical lens, and those who see it …

Combating Global Climate Change: Why A Carbon Tax Is A Better Response To Global Warming Than Cap And Trade, Reuven S. Avi-Yonah, David M. Uhlmann

Articles

Global climate change is the most significant environmental issue facing our nation and the world. There no longer is any question that global warming is occurring. Nor is there any serious debate about whether human activity is the root cause. If we fail to make significant reductions in greenhouse gas emissions over the next ten to twenty years, we face the possibility of catastrophic environmental harm by the end of this century.

Why Civil Liability For Disclosure Violations When Issuers Do Not Trade?, Merritt B. Fox

Faculty Scholarship

Civil damages liability for securities law periodic disclosure violations has come under attack, particularly fraud-on-the-market class-action lawsuits for investor losses incurred in connection with trading in the secondary market when the issuer has not sold shares. The main line of attack has been the weakness of the compensatory rationale for such suits. Without a compensatory justification, the attackers suggest, the availability of this cause of action is hard to defend given the very substantial use of social resources involved in the litigation that it generates. The critics are right concerning the weakness of the compensatory justification for civil liability. They …

An Emerging Triangle: Climate Change, Migration And Human Rights: The Case Of New Zealand,Tuvalu And Kiribati, Sarah Stefanos

Archived Theses and Dissertations

Three important global issues - climate change, migration, and human rights- form an emerging triangle because of their interrelatedness. However, critical analysis of the relationship between these three issues apart from an as yet legally meaningless discourse about an imminent global catastrophe of 250 million 'climate refugees' has been limited. This paper examines the climate change, migration, and human rights triangle through the lens of the Pacific, where some of the states most severely threatened by climate change can be found. Extremely small Pacific states whose inhabitants have lived on coral reef islands (called atolls) for more than 2000 years, …

Land & Water Planning In The Middle Valley, Sandy Fish

Publications

No abstract provided.

Overview Of The City's Demand Management Programs - Providing Water For Future Growth, Dale Lyons

Publications

No abstract provided.

Land Use, Water Conservation And Other Things To Think About, Dale Dekker

Publications

No abstract provided.

Are We Making The Land/Water Connection?, Lora A. Lucero

Publications

No abstract provided.

International Consensus And U.S. Climate Change Litigation, Andrew Long

William & Mary Environmental Law and Policy Review

No abstract provided.

Role Of The State - Ose Water Availability Opinions, John Longworth, P.E.

Publications

No abstract provided.

Regulating Land Use - Protecting The Water, Joseph Quintana

Publications

No abstract provided.

A Post-Kyoto Framework For Climate Change, Daniel M. Bodansky

Presentations and Speeches

No abstract provided.

The Model Interstate Water Compact, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.

Brackish Ground Water - An Untapped Resource For Energy Development?, John Shomaker

Publications

No abstract provided.

Ethics, Professionalism And Politics, Ronald Kaiser

Publications

No abstract provided.

Water For Energy Development In Southern New Mexico: A Case Study Of The Duke Energy Luna Energy Facility, Tim De Young

Publications

No abstract provided.

Spokane River & Aquifer: An Uncompacte Watershed, Rachael Paschal Osborn

Publications

No abstract provided.

Federal Water R&D: Current Landscape, Future Goals And Emerging Technologies, Gene Whitney

Publications

No abstract provided.