The Trees Speak For Themselves: Nature’S Rights Under International Law,
2021
University of Michigan Law School
The Trees Speak For Themselves: Nature’S Rights Under International Law, Samantha Franks
Michigan Journal of International Law
This note argues that the United Nations should center nature’s rights in the upcoming Global Pact on the Environment, solidifying the patchwork of international environmental law and encouraging domestic protection of the environment. Part II explores the current state of international environmental law, outlining the ways in which the doctrine remains incomplete. Part III establishes that Earth jurisprudence is an effective method to fill the gaps existing within traditional international environmental law. Part IV emphasizes the importance of soft law in international law. It draws a parallel between the creation of the Universal Declaration of Human’s Rights and a potential …
Environmental Law Disrupted By Covid-19,
2021
Elisabeth Haub School of Law at Pace University
Environmental Law Disrupted By Covid-19, Katrina Fischer Kuh, Lissa Griffin, Rebecca Bratspies, Vanessa Casado Perez, Robin Kundis Craig, Keith Hirokawa, Sarah Krakoff, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J.B. Ruhl, Erin Ryan, David Takacs
Elisabeth Haub School of Law Faculty Publications
For over a year, the COVID-19 pandemic and concerns about systemic racial injustice have highlighted the conflicts and opportunities currently faced by environmental law. Scientists uniformly predict that environmental degradation, notably climate change, will cause a rise in diseases, disproportionate suffering among communities already facing discrimination, and significant economic losses. In this Article, members of the Environmental Law Collaborative examine the legal system’s responses to these crises, with the goal of framing opportunities to reimagine environmental law. The Article is excerpted from their book Environmental Law, Disrupted, to be published by ELI Press later this year.
Understanding The North Atlantic Right Whale Litigation,
2021
Rhode Island Sea Grant Fellow and J.D. Candidate 2022
Understanding The North Atlantic Right Whale Litigation, Gabrielle Benjamin, Read Porter
Sea Grant Law Fellow Publications
No abstract provided.
The Case For Environmental Human Rights: Recognition, Implementation, And Outcomes,
2021
Widener University Delaware Law School
The Case For Environmental Human Rights: Recognition, Implementation, And Outcomes, James R. May
Cardozo Law Review
No abstract provided.
Environmental Law’S Extinction Problem,
2021
Singapore Management University
Environmental Law’S Extinction Problem, Akhtar-Khavari Afshin, Michelle Mei Ling Lim, Katie Woolaston
Research Collection Yong Pung How School Of Law
The extinction of species and ecological systems is occurring more quickly than any other time in human history. Our social and cultural institutions and the concepts and framings that underpin them are key contributors to modern extinctions. In this paper we ask how engaging explicitly with extinction enables a critical and hopeful rethinking of environmental law. We explore the potential of this question by summarising and categorising the literature that discusses how extinction provides a useful frame and moral compass for interrogating environmental law rules, systems and ambitions. Through an evaluation of biodiversityrelated multilateral environmental agreements we illustrate the potential …
Impact Assessment, Sustainability, And Climate Change: Lessons From Lower Churchill,
2021
Schulich School of Law, Dalhousie University
Impact Assessment, Sustainability, And Climate Change: Lessons From Lower Churchill, Adebayo Majekolagbe
Dalhousie Law Journal
The attainment of sustainability is the overarching objective of impact assessment (IA). Over the years, IA has evolved from being a predominantly biophysical- environment assessment venture to a multicentric undertaking including hundreds of IA modes. IA’s proliferation has been attributed to the inadequacy of previously dominant modes (e.g. Environmental Impact Assessment and Social Impact Assessment) to cater to other areas of humanity’s concerns or recent phenomena. Climate change is one of such phenomena and the conceptualization of climate change impact assessment has been the response of the IA movement. Drawing lessons from the Lower Churchill project in Newfoundland and Labrador …
The Mediating Effect Of Strategic Posture On Corporate Governance And Environmental Reporting,
2021
Edith Cowan University
The Mediating Effect Of Strategic Posture On Corporate Governance And Environmental Reporting, Abdalla Shwairef, Azlan Amran, Mohammad Iranmanesh, Noor Hazlina Ahmad
Research outputs 2014 to 2021
The aim of this study is to explain how corporate governance affects environmental reporting through the mediating effect of strategic position. The data were collected from chief executive managers and chief financial managers of 197 large companies in Malaysia. The partial least squares technique was used to test the proposed relationships. The results show that managers’ strategic posture mediates the impact of four aspects of corporate governance, namely, board size, board independency, CSR committee presence, and institutional ownership on environmental reporting. These findings extend the literature on the relationship between corporate governance and environmental reporting by providing insight into the …
Methyl Tertiary Butyl Ether (Mtbe): A Certification Problem,
2021
University of Kentucky
Methyl Tertiary Butyl Ether (Mtbe): A Certification Problem, Trevor Graves
Journal of Natural Resources & Environmental Law
No abstract provided.
Pronsolino V. Nastri And Tmdls For Nonpoint Sources,
2021
University of Kentucky
Pronsolino V. Nastri And Tmdls For Nonpoint Sources, Christina L. Casey
Journal of Natural Resources & Environmental Law
No abstract provided.
Adverse Health Impacts Of Grandfathered Power Plants And The Clean Air Act: Time To Teach Old Power Plants New Technology,
2021
University of Kentucky
Adverse Health Impacts Of Grandfathered Power Plants And The Clean Air Act: Time To Teach Old Power Plants New Technology, Rachel H. Cease
Journal of Natural Resources & Environmental Law
No abstract provided.
The Clear Skies Initiative: Changing The Climate Of Environmental Policy,
2021
University of Kentucky
The Clear Skies Initiative: Changing The Climate Of Environmental Policy, Heather H. Bruser
Journal of Natural Resources & Environmental Law
No abstract provided.
Green Versus Green: When The Economic Needs Of Minority Communities Clash With Environmental Justice Concerns,
2021
Jones, Foster, Johnston & Stubbs
Green Versus Green: When The Economic Needs Of Minority Communities Clash With Environmental Justice Concerns, Rhoda J. Yen
Journal of Natural Resources & Environmental Law
No abstract provided.
A Twisted Mosaic: The Ninth Circuit's Piecemeal Approval Of Environmental Crime In Kasza V. Browner,
2021
University of Kentucky
A Twisted Mosaic: The Ninth Circuit's Piecemeal Approval Of Environmental Crime In Kasza V. Browner, Shannon Vibbert
Journal of Natural Resources & Environmental Law
No abstract provided.
Boise Cascade Corp. V. State Of Oregon:Signaling The End Of Sovereign Immunity As A Shield For Environmental Regulation,
2021
University of Kentucky
Boise Cascade Corp. V. State Of Oregon:Signaling The End Of Sovereign Immunity As A Shield For Environmental Regulation, Mark W. Starnes
Journal of Natural Resources & Environmental Law
No abstract provided.
Lack Of Subject Matter Jurisdiction Or Political Deferral: An Analysis Of Bragg V. West Virginia Coal Association,
2021
University of Kentucky
Lack Of Subject Matter Jurisdiction Or Political Deferral: An Analysis Of Bragg V. West Virginia Coal Association, Crystal Moore
Journal of Natural Resources & Environmental Law
No abstract provided.
The Revitalization Of Qui Tam Actions: The Statutory And Constitutional Significance Of The False Claims Act In Environmental Litigation,
2021
University of Kentucky
The Revitalization Of Qui Tam Actions: The Statutory And Constitutional Significance Of The False Claims Act In Environmental Litigation, Katherine Zimmerer
Journal of Natural Resources & Environmental Law
No abstract provided.
The Dischargeability Of Environmental Claims In Bankruptcy: Resolution To Diametrically Opposed Goals,
2021
University of Kentucky
The Dischargeability Of Environmental Claims In Bankruptcy: Resolution To Diametrically Opposed Goals, Jason V. Stitt
Journal of Natural Resources & Environmental Law
No abstract provided.
Front Matter,
2021
University of Washington School of Law
Finding Better Words: Markets, Property, Rights, And Resources,
2021
Texas A&M University School of Law
Finding Better Words: Markets, Property, Rights, And Resources, Andrew P. Morriss, Roger Meiners, Bruce Yandle
Washington Journal of Environmental Law & Policy
To use or conserve environmental and natural resources effectively is complex. Many economists believe that institutional solutions built around markets and property rights can help improve results. This approach addresses what Peruvian economist Hernando de Soto termed the “missing lessons of U.S. history”— institutions whose designers may not have understood the outcomes that would occur, but the results were generally beneficial. However, technical economic analysis generally fails to persuade many at the policy level. Adding a focus on the practicality of solving issues by voluntary action will enrich the policy discussions. To do so requires economists to provide concrete examples …
Principle Of Cbdr-Rc: Its Interpretation And Implementation Through Ndcs In The Context Of Sustainable Development,
2021
South Asian Unievrsity
Principle Of Cbdr-Rc: Its Interpretation And Implementation Through Ndcs In The Context Of Sustainable Development, Stellina Jolly, Abhishek Trivedi
Washington Journal of Environmental Law & Policy
For the international community, 2015 was a momentous year in terms of transformative legal developments. Climate change response culminated in the adoption of the Paris Agreement and Sustainable Development Goals (SDGs), which heralded a new era in the international community’s pursuit of sustainability. Both of these developments are complementary; the climate change legal framework acknowledges sustainable development, and SDGs explicitly recognize the United Nations Framework Convention on Climate Change and the Paris Agreement. The Paris Agreement presented to the global community an objective to strengthen the global response to the threat of climate change, through sustainable development and efforts to …
