International Law Commons^™

Volume 7 Issue 2, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.

States Tackle Global Warming, Dale Bryk

Sustainable Development Law & Policy

No abstract provided.

The Development Of Biofuels Within The Context Of The Global Water Crisis, Sara Hughes, Lena Partzsch, Joanne Gaskell

Sustainable Development Law & Policy

No abstract provided.

Global Climate Change And U.S. Law By Michael B. Gerrard, Ed., Erin Overturf

Sustainable Development Law & Policy

No abstract provided.

Addicted To The Pump, Shaneka Reese

Northwestern Journal of International Law & Business

Most of the world has acknowledged a growing problem with greenhouse gas emissions ("GHG"), and has expressed that acknowledgement by ratifying the Kyoto Protocol ("Kyoto"). The United States, however, has refused to ratify Kyoto. Automobiles are responsible for the largest portion of the global increase in carbon dioxide emissions. As part of the most powerful industry in the world, U.S. automakers are capable of reducing emissions as required by Kyoto. Adopting Kyoto will in fact prove beneficial to American automakers, by forcing them to adjust to the new market condition that has contributed to the ascendancy of foreign automakers--the desire …

Methanex V. United States: The Realignment Of Nafta Chapter 11 With Environmental Regulation, Kara Dougherty

Northwestern Journal of International Law & Business

In July 1999, the Canadian firm Methanex Corporation ("Methanex") notified the United States of its intention to seek approximately $1 billion in damages for the United States's alleged breach of Chapter 11 of the North American Free Trade Agreement ("NAFTA"). NAFTA, a trilateral agreement among the United States, Canada and Mexico (the "Parties"), gives private, foreign investors from each country the right to bring claims against another Party under certain circumstances. Methanex claimed a California measure banning the use of the gasoline additive MTBE discriminated against and expropriated its investments. The case of Methanex v. United States highlights two unintended …

Legal Hurdles To Developing Wind Power As An Alternative Energy Source In The United States: Creative And Comparative Solutions, Adam M. Dinnell, Adam J. Russ

Northwestern Journal of International Law & Business

This article discusses how parties have used current domestic environmental laws to curb the development of a more "environmentally-friendly" alternative energy source: wind power. As the ever-increasing demand for oil and petroleum around the world leads to rising costs throughout the nation, investing in new energy sources is considered crucial to sustainable development in the United States. Wind power has the potential to serve as a clean, efficient, and renewable source of energy in the 21st Century. The further development of wind power could create a meaningful alternative energy supply, relaxing geopolitical and economic concerns over this country's strict century-old …

Transboundary Pollution: Harmonizing International And Domestic Law, Noah D. Hall

Law Faculty Research Publications

Addressing transnational pollution requires both international and domestic law. Transnational pollution is an international problem that demands and deserves the attention of international legal mechanisms such as treaties, agreements, arbitration, and international management and governance. At the same time, transnational pollution problems can often be addressed more effectively and efficiently through the domestic legal system. An ideal approach is to harmonize transnational pollution management and dispute resolution under international and domestic law. This Article seeks to provide pragmatic, feasible, and politically realistic solutions to transnational pollution by harmonizing international and domestic law. However, given the diversity in geography, domestic legal …

Business, Steven R. Ratner

Book Chapters

This chapter seeks to expose some of the divergences between doctrine and reality, and to suggest ways of understanding the field that take proper account of business. It does so first by examining the roles and goals of business entities with respect to international environmental law. It then examines how international law has accommodated the place of business in environmental policy with respect to two key issues: (1) corporations as the target of legal obligations; and (2) corporations as participants in the process of international environmental law, particularly with respect to law-making and implementation. I conclude with some thoughts regarding …

The Impacts Of Global Warming: The Need For Cooperation & Leadership An Overview Of This Issue , Jeff Bingaman

Sustainable Development Law & Policy

No abstract provided.

Strengthening The Montreal Protocol: Insurance Against Abrupt Climate Change, Donald Kaniaru, Rajendra Shende, Scott Stone, Durwood Zaelke

Sustainable Development Law & Policy

No abstract provided.

Potential Causes Of Action For Climate Change Impacts Under The United Nations Fish Stocks Agreement, William C.G. Burns

Sustainable Development Law & Policy

No abstract provided.

Implementation & Utilization Of Geoengineering For Global Climate Change Control , Alan Carlin

Sustainable Development Law & Policy

No abstract provided.

Economic Growth And The Environment: India Confronts The Link Between Automobiles And Climate Change , Rahul Saksena

Sustainable Development Law & Policy

No abstract provided.

Overview: Intersection Of Climate Security With Energy Production And Consumption, Vickie Patton

Sustainable Development Law & Policy

No abstract provided.

Emerging Standards For Sustainable Finance Of The Energy Sector, Kirk Herbertson, David Hunter

Sustainable Development Law & Policy

No abstract provided.

Update On The Environmental And Legal Consequences Of The Recent Lebanon-Israel War, Salah Husseini

Sustainable Development Law & Policy

No abstract provided.

World News, Cari Shiffman

Sustainable Development Law & Policy

No abstract provided.

The States And The World: Twin Levers For Reform Of U.S. Federal Law On Toxic Chemicals, Daryl W. Ditz

Sustainable Development Law & Policy

No abstract provided.

Environmental Standards In U.S. Free Trade Agreements: Lessons From Chapter 11, Hena Schommer

Sustainable Development Law & Policy

No abstract provided.

The Eu Adopts An Integrated Maritime Policy And Action Plan: Is The U.S. Far Behind Or Ahead?, Joan M. Bondareff

Sustainable Development Law & Policy

No abstract provided.

Preparing For The Day After Tomorrow: Frameworks For Climate Change Adaptation, Ira R. Feldman, Joshua H. Kahan

Sustainable Development Law & Policy

No abstract provided.

Climate Change, Adaptation, And Development, Daniel H. Cole

Articles by Maurer Faculty

Since the signing the Kyoto Protocol, the international community has focused a great deal of attention on measures designed to reduce emissions of greenhouse gases. Much less attention has been paid to climate change adaption. This is unfortunate because, even if the Kyoto Protocol is fully implemented, climate change will generate substantial costs requiring substantial adaptation efforts, especially in the less developed countries (LDCs) of the world's tropical regions.

This paper considers what those countries should be doing in preparation for the effects of climate change, and what the countries of the developed world, including the United States, can and …

The Evolving Role Of Citizens In United States-Canadian International Environmental Law Compliance, Noah D. Hall

Law Faculty Research Publications

Citizen participation is critical in environmental law compliance. While citizens often have a major role in advancing compliance with domestic environmental law, citizens have historically had a much more limited role in international environmental law. However, a new model is emerging in North America. The role of citizens in United States-Canadian international environmental law compliance has expanded greatly over the past several decades. Beginning in the 1970s with increased public participation in binational governance agreements and expanding in the past two decades to formal roles in monitoring implementation of international environmental agreements, citizen participation is now central to the United …

Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger

Contributions to Books

Published as Chapter 7 in Law and Legalization in Transnational Relations, Christian Brütsch & Dirk Lehmkuhl, eds.

This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish market-leveraged, social and environmental regulatory programs. These programs resemble state regulatory programs in many important respects, and are increasingly legalized. Individual sectors generally have multiple regulatory programs that compete with, but also mimic and reinforce each other. While forestry is the most developed example, similar …

Proceedings Of The 107th Asil Annual Meeting, Introductory Remarks, Multipolar Governance Across Environmental Treaty Regimes, Mark A. Drumbl

Scholarly Articles

This panel was convened at 9:00 am, Saturday, April 6, by its moderator, Mark Drumbl of Washington and Lee University, who introduced the panelists: Kim Diana Connolly of Buffalo Law School; David Downes of the Office of International Affairs, U.S. Department of the Interior; Timo Koivurova of the Arctic Center, University of Lapland; and Katharina Kummer Peiry of Kummer EcoConsult.

Climate Change, The United States, And The Impacts Of Arctic Melting: A Case Study In The Need For Enforceable International Environmental Human Rights, Randall S. Abate

Journal Publications

Climate change is currently the most significant and daunting international environmental problem, with disproportionate and devastating impacts on indigenous groups. The plight of the Inuit is illustrative of a larger need to recognize and enforce international environmental human rights violations. Part I of this Article examines the evolution of various approaches to environmental human rights theories in (1) United States law, (2) international human rights law instruments, and (3) the laws of other nations. Part II considers the scientific evidence and legal theory underlying the Inuit petition before the Inter-American Commission on Human Rights and explores how this scenario underscores …

A Global Treaty To Address Land-Based Sources Of Marine Pollution, David Vanderzwaag

Articles, Book Chapters, & Popular Press

Land-based sources of pollution are estimated to be the source of approximately eighty percent of all marine pollution. In Protecting the Marine Environment from Land-Based Sources of Pollution: Towards Effective International Cooperation, Daud Hassan outlines the major sources of Land-Based Sources of Marine Pollution (LBSMP), examines the current legal framework for control of LBSMP, and highlights the obstacles to creating more effective control measures. Additionally, Hassan presents a case study focusing on LBSMP control in the Bay of Bengal region and then concludes with a recommendation for the creation of a global treaty to more effectively address the impacts of …

Invasive Seaweed: Global And Regional Law And Policy Responses, Meinhard Doelle, Moira Mcconnell, David Vanderzwaag

Articles, Book Chapters, & Popular Press

We consider law and policy responses to invasive seaweeds at global and regional levels. Key global regimes considered include the 1982 United Nations Convention on the Law of the Sea, the Convention on Biological Diversity, the Ramsar Convention and the Bonn Convention on Migratory Species. Contributions from the Food and Agriculture Organization and the International Maritime Organization are also considered in the global context. At a regional level, examples of efforts in North America and Europe are offered to illustrate challenges and opportunities for regional responses to invasive seaweeds. We conclude with law and policy recommendations, most notably the need …

Judging Treaties, Lakshman Guruswamy

Publications

No abstract provided.