Open Access. Powered by Scholars. Published by Universities.®

International Trade Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Environmental Law

Institution
Keyword
Publication Year
Publication
Publication Type

Articles 541 - 570 of 672

Full-Text Articles in International Trade Law

Maximum Carbon Intensity Limitations And The Agreement On Technical Barriers To Trade, Charles O. Verrill Jr. Jan 2008

Maximum Carbon Intensity Limitations And The Agreement On Technical Barriers To Trade, Charles O. Verrill Jr.

Faculty Scholarship

Emission of greenhouse gases is a global problem. Any nation seeking to restrict such emissions by its manufacturers should avoid putting them at a disadvantage in world and domestic markets where they are likely to compete with producers that do not bear the cost of emission controls. One approach being considered in the United States would be adoption of technical regulations limiting the carbon intensity of basic products, such as cement, aluminum, steel, etc., offered for sale in the US market (carbon intensity would be defined as the C02 equivalent emissions per ton of product). Domestic and imported products that …

Go to article

International Trade Law And The “Carbon Leakage” Problem: Are Unilateral U.S. Import Restrictions The Solution?, Bernd G. Janzen Jan 2008

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.

Go to article

The Permissible Reach Of National Environmental Policies, Henrik Horn, Petros C. Mavroidis Jan 2008

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 …

Go to article

Mexico's Implementation Of The Biodiversity Convention And The Catagena Protocol In The Gmo Era: Challenges In Principles, Policies, And Practices, Juan Antonio Herrera Oct 2007

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. …

Go to article

Using Ethanol As A Fuel To Reenergize Free Trade Area Of The Americas Negotiations, Marcel De Armas Feb 2007

Using Ethanol As A Fuel To Reenergize Free Trade Area Of The Americas Negotiations, Marcel De Armas

ExpressO

Currently the United States imposes a 2.5 percent ad valorem tax along with a 14.27 cents per liter tax on imported ethanol from countries with normal trade relations under the harmonized tariff schedule. However, the United States exempts many countries from this tariff or reduces the tariff under various free trade agreements or initiatives. The issues that resulted in Doha’s failure also caused FTAA negotiations to temporarily stall since both Brazil and the United States wanted certain FTAA issues negotiated at the WTO level. The United States could initiate this process with a discussion of reducing or eliminating its ethanol …

Go to article

Environmental Standards In U.S. Free Trade Agreements: Lessons From Chapter 11, Hena Schommer Jan 2007

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

Sustainable Development Law & Policy

No abstract provided.

Go to article

Reconfiguring Industrial Policy: A Framework With An Application To South Africa, Ricardo Hausmann, Dani Rodrik, Charles F. Sabel Jan 2007

Reconfiguring Industrial Policy: A Framework With An Application To South Africa, Ricardo Hausmann, Dani Rodrik, Charles F. Sabel

Faculty Scholarship

The main purpose of industrial policy is to speed up the process of structural change towards higher productivity activities. This paper builds on our earlier writings to present an overall design for the conduct of industrial policy in a low- to middle-income country. It is stimulated by the specific problems faced by South Africa and by our discussions with business and government officials in that country. We present specific recommendations for the South African government in the penultimate section of the paper.

Go to article

A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Go to article

China-Australia Free Trade Agreement New Icing On An Old Cake-An Opportunity For Fair Trade?, Benedict Sheehy, Jackson N. Maogoto Sep 2006

China-Australia Free Trade Agreement New Icing On An Old Cake-An Opportunity For Fair Trade?, Benedict Sheehy, Jackson N. Maogoto

ExpressO

The on-going challenge in economic development and globalization, particularly for developing countries, is the issue of development and equality in society. The issue becomes particularly problematic when confronted in matters of international trade. Often misnamed anti-globalization activists and pro-globalization activists fail to take note of the underlying assumptions that lead them to conflict—namely, the actual costs and benefits to society that result from their particular positions. In essence, both activists are searching for ways to improve the lives of people in the domestic context and to minimize the damage to their society and environment. China’s impressive economic record is threatened …

Go to article

Un-Fair Trade As Friendly Fire: The Australia-Usa Free Trade Agreement, Benedict Sheehy Sep 2006

Un-Fair Trade As Friendly Fire: The Australia-Usa Free Trade Agreement, Benedict Sheehy

ExpressO

Trade, economists and trade theorists advise, is a mutually beneficial exercise. Among this group, a particular set of advocates, claim that “Free Trade” is in the interest of all parties. As will be demonstrated, Free Trade is not truly “free” but an exercise of foreign policy and the implementation of policies favouring wealthy corporate interest groups. Free Trade is controlled by wealthy nations who have stacked the rules in favour of themselves, and in particular their corporate interests, and against the poor producers in poor nations. This control is used contrary to fairness, economic and ecological logic. Fair trade, by …

Go to article

International Law Happens: Executive Power, American Exceptionalism, And Bottom-Up Lawmaking, Janet K. Levit Sep 2006

International Law Happens: Executive Power, American Exceptionalism, And Bottom-Up Lawmaking, Janet K. Levit

ExpressO

This essay introduces “bottom-up transnational lawmaking” in the context of contemporary ideological and theoretical debates regarding the breadth and depth of executive power vis-à-vis international law. In an era of globalization, with a proliferation of transnational actors and regulatory instruments, the international lawmaking universe is disaggregating into multiple, sometimes overlapping, lawmaking communities. Neither the President nor others in the “political leadership” sits at the center of many of these communities. Thus, the nationalist critique of international law, rooted in an all-powerful executive who controls international law, creating it and using it instrumentally, in furtherance of the “national interest,” ignores a …

Go to article

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Go to article

Transboundary Environmental Impact Assessment Under The North American Free Trade Agreement, Jameson Tweedie Mar 2006

Transboundary Environmental Impact Assessment Under The North American Free Trade Agreement, Jameson Tweedie

Washington and Lee Law Review

No abstract provided.

Go to article

Inece Workshop On "Confidence Through Compliance In Emissions Trading Markets": Conference Report , Sustainable Development Law & Policy Jan 2006

Inece Workshop On "Confidence Through Compliance In Emissions Trading Markets": Conference Report , Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.

Go to article

An Analysis Of Potential Conflicts Between The Stockholm Convention And Its Parties' Wto Obligations, D. Dean Batchelder Jan 2006

An Analysis Of Potential Conflicts Between The Stockholm Convention And Its Parties' Wto Obligations, D. Dean Batchelder

Michigan Journal of International Law

This Comment examines the compatibility of the Stockholm Convention on Persistent Organic Pollutants with parties' WTO obligations under the GATT Agreement. The Stockholm Convention represents a broad-based attempt to regulate persistent organic pollutants (POPs), some of the most damaging chemicals to the environment and human health. The commitments that parties to the Stockholm Convention have undertaken to control POPs may implicate international trade commitments. Hopefully the discussion in this Comment may also be relevant to other multilateral environmental agreements (MEAs), especially those involving trade measures.

Go to article

Volume 6 Issue 2, Sustainable Development Law & Policy Jan 2006

Volume 6 Issue 2, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.

Go to article

Climate Change, The Kyoto Protocol, And The World Trade Organization: Challenges And Conflicts, Daniel Mcnamee Jan 2006

Climate Change, The Kyoto Protocol, And The World Trade Organization: Challenges And Conflicts, Daniel Mcnamee

Sustainable Development Law & Policy

No abstract provided.

Go to article

Editors' Note, Kelly Rain, Kirk Herbertson Jan 2006

Editors' Note, Kelly Rain, Kirk Herbertson

Sustainable Development Law & Policy

No abstract provided.

Go to article

Confidence Through Compliance In Emissions Trading Markets, Joe Kruger, Christian Egenhofer Jan 2006

Confidence Through Compliance In Emissions Trading Markets, Joe Kruger, Christian Egenhofer

Sustainable Development Law & Policy

No abstract provided.

Go to article

Viewpoints On Compliance And Cross-Border Harmonization From Around The World, Sustainable Development Law & Policy Jan 2006

Viewpoints On Compliance And Cross-Border Harmonization From Around The World, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.

Go to article

The Role Of Third-Party Verification In Emissions Trading Systems: Developing Best Practices , Jennifer Rohleder Jan 2006

The Role Of Third-Party Verification In Emissions Trading Systems: Developing Best Practices , Jennifer Rohleder

Sustainable Development Law & Policy

No abstract provided.

Go to article

Fair Trade For All: How Trade Can Promote Development By Joseph Stiglitz And Andrew Charlton , Maria Vanko Jan 2006

Fair Trade For All: How Trade Can Promote Development By Joseph Stiglitz And Andrew Charlton , Maria Vanko

Sustainable Development Law & Policy

No abstract provided.

Go to article

International Environmental Law: 2006 Annual Report, Jane C. Luxton, Lakshman Guruswamy, Kevin L. Doran Jan 2006

International Environmental Law: 2006 Annual Report, Jane C. Luxton, Lakshman Guruswamy, Kevin L. Doran

Publications

No abstract provided.

Go to article

From Hot Air To Action? Climate Change, Compliance, And The Future Of International Environmental Law, Meinhard Doelle Oct 2005

From Hot Air To Action? Climate Change, Compliance, And The Future Of International Environmental Law, Meinhard Doelle

PhD Dissertations

This dissertation considers the evolution, current state, and future prognosis of the global climate change regime under the umbrella of the United Nations Framework Convention on Climate Change. The focus of the dissertation is on State compliance with the Kyoto Protocol. Compliance is considered from the perspective of the internal compliance regime developed under the Kyoto Protocol as well as a select set of potential external international law influences. The dissertation concludes with an assessment of the level of compliance to be expected and its potential influence on the future of the climate change regime. Implications for international environmental law …

Go to article

Up Against A Wall: Europe’S Options For Regulating Biotechnology Through Regulatory Anarchy, Aaron A. Ostrovsky Sep 2005

Up Against A Wall: Europe’S Options For Regulating Biotechnology Through Regulatory Anarchy, Aaron A. Ostrovsky

ExpressO

Based on the current state of EU law and the political sentiment surrounding Genetically Modified Organisms, this paper argues that the best approach to regulating the import and export of GMOs into the Community and between Member States is by what I will call for the purposes of this Paper “regulatory anarchy.” This system sits in opposition to a hierarchical regulatory approach which may be associated with traditional neo-functionalist theories of Community integration. Applied in the context of GMOs, regulatory anarchy envisions integration not coming solely from Community rules conceived by the Commission, but by Member State negotiated rules accomplished …

Go to article

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Go to article

Sharing Potential And The Potential For Sharing: Open Source Licensing As A Legal And Economic Modality For The Dissemination Of Renewable Energy Technology, Jason Wiener May 2005

Sharing Potential And The Potential For Sharing: Open Source Licensing As A Legal And Economic Modality For The Dissemination Of Renewable Energy Technology, Jason Wiener

ExpressO

No abstract provided.

Go to article

The Next Privatization Of Public Assets: Domestic And Trade Implication Related To Water Right And Land Acquisition, Jennifer C. Gerbasi Jan 2005

The Next Privatization Of Public Assets: Domestic And Trade Implication Related To Water Right And Land Acquisition, Jennifer C. Gerbasi

Sustainable Development Law & Policy

No abstract provided.

Go to article

The Vivendi-Argentina Water Dispute: Icsid Creates New Arbitration Tribunal To Hear The Longest Running Case On Its Docket, Malissa Khumprakob Jan 2005

The Vivendi-Argentina Water Dispute: Icsid Creates New Arbitration Tribunal To Hear The Longest Running Case On Its Docket, Malissa Khumprakob

Sustainable Development Law & Policy

No abstract provided.

Go to article

The Challenge Of Battling Privatization: A Case Study Of Swedish Water Companies, Erin Webreck Jan 2005

The Challenge Of Battling Privatization: A Case Study Of Swedish Water Companies, Erin Webreck

Sustainable Development Law & Policy

No abstract provided.

Go to article

First Prev Next Last