Environmental Law Commons^™

Climate Change Under Customary International Law: Must The United States Protect The Climate System?, Daniel Rees

Fordham Law Review

On July 23, 2025, the International Court of Justice (ICJ) issued its “Advisory Opinion on Obligations of States in Respect of Climate Change,” concluding that “the full gamut of international law applies to climate change.” Beyond treaty-based duties, the ICJ recognized that customary international law imposes obligations on all states to protect the climate. The advisory opinion emerged from unprecedented participation by states and international organizations, reflecting a growing consensus that addressing climate change is a legal obligation. This Note explores the legal implications of recognizing a customary international law duty to protect the climate system. It posits that these …

Data Centre Litigation And Climate Change: Can Claims Against Data Centres Resolve Tensions Between Ai Growth And Climate Goals?, Nick Scott, Heng Wang

Research Collection Yong Pung How School Of Law

As artificial intelligence (AI) has become ubiquitous, climate-related impacts of data centres used to power these technologies have emerged as a growing concern for governments, civil society groups, and the public. As a result of this, a wave of data centre litigation has started to sweep multiple jurisdictions, in particular the United States, often leveraging environmental law. However, many claims do not directly target data centres’ impacts on climate change, and the challenges of aligning AI growth with climate goals may extend far beyond energy use in this infrastructure. This article analyses two research questions: (1) how are mismatched governance …

Platform Gatekeeping In The Building-Materials Sector: Competition Law And The Pace Of Low-Carbon Construction, Andy Fitch, Cynthia Hanawalt

Sabin Center for Climate Change Law

Climate advocates often highlight the transformative potential of emergent products, while noting on the margins potential impediments due to technological constraints, higher costs, or fixed consumer preferences. By contrast, this paper foregrounds threats to clean-tech innovation posed by emergent forms of market consolidation. It probes recent developments in the building-materials sector, where numerous technologies show significant emissions-reduction potential, but would need to clear looming market bottlenecks before scaling up as viable green alternatives. The paper shows that while such bottlenecks can occur at various stages of the building-sector supply chain (manufacturing, distribution, and/or installation), today’s most acute competition concerns come …

The Legal Framework For Offshore Carbon Dioxide Storage In Canada: 2026 Update, Rebecca Lowy, Romany M. Webb

Sabin Center for Climate Change Law

In February 2021, the Sabin Center for Climate Change Law published a white paper on the legal framework for the Solid Carbon project, which aims to remove carbon dioxide from the atmosphere and store it in the sub-seabed off the coast of Canada. That paper identified international and domestic Canadian law which could affect the implementation of such a project. Five years later, we now revisit that paper to provide updates on the project approach and technologies, and the relevant legal frameworks.

Managing Collaboration Under Conservation Crisis: Trust, Risk, And Control In The Gulf Of Maine Fishery Management Network, Evelyn Roozee, Owen Temby, Dongkyu Kim, Antonia Sohns, Anthony Rocha Lima, Jasper R. De Vries, Gordon M. Hickey

School of Earth, Environmental, & Marine Sciences Faculty Publications

Transboundary fishery management and the intertwined conservation of critically endangered species represent significant governance challenges that require ongoing inter-organizational communication, collaboration, and collective action to achieve shared objectives. Previous research suggests that inter-organizational collaborative performance depends heavily on different dimensions of trust and complementary control mechanisms to mitigate the perceived risks of collaborating and enable the reciprocal sharing of resources and the coordination of activities. However, it is unclear how proposed relationships between trust, risk, and control are shaped by disruptions to established transboundary management networks. This study presents the results of survey research conducted in the Gulf of Maine …

When The Monsoon No Longer Returns: Climate Racism And Displacement In Pakistan, Ayman Irfan

Pace Environmental Law Review

International law does not recognize climate displacement as a distinct legal category. Refugee law protects those fleeing persecution, not environmental collapse. Climate treaties regulate emissions and finance but avoid enforceable responsibility for the human consequences of warming. Human rights law intervenes only at extreme thresholds. This fragmentation leaves millions displaced by climate-intensified disasters without coherent protection. Using Pakistan’s 2022 floods as a case study, this Article argues that climate-induced displacement must be treated as a foreseeable legal consequence of atmospheric harm. Pakistan contributes less than one percent of global greenhouse gas emissions yet ranks among the most climate-vulnerable states. The …

Citizenship At Sea: A Comparative Perspective On Blue Justice In The Andaman Sea And The Mediterranean In The Context Of Climate Change, Emilio Cocco

Pace Environmental Law Review

Discourses of the ocean in the sociological and socio-legal world have, until recently, been approached from majoritarian, terrestrial, profane and nation-centric perspectives. These perspectives are embedded in legal and regulatory regimes to the detriment of Indigenous and marginalized maritime communities. Drawing on the blue turn in sociology and socio-legal scholarship, this Article, in comparing the experiences of the Moken people of the Andaman Sea with those of migrants, fishers, and island communities in the Mediterranean, exposes the violence of such narratives. Through a comparative analysis of maritime borders, marine protected areas, tourism, and fisheries regulation, the Article explores how governance …

Mass Resettlement Politics And The Future Of Hyper-Local Climate Migration Strategies, Sarah Rogerson

Pace Environmental Law Review

Climate change is requiring state and local governments to engage in short- and long-term strategic thinking and municipal planning. Critically, the movement of people from communities that have become uninhabitable due to climate change to other communities in more resilient areas (sometimes called “climate havens”) is a reality that most municipalities in the United States are not currently well-equipped to address. Experts predict as many as 1.2 billion climate-related migrants worldwide by 2050, with at least 93 million Americans expected to relocate to more habitable places by 2070. To put this into perspective, 93 million people is just under the …

Climate Migration And Reparations: Reflections On The Icj Advisory Opinion On Climate Change, Carmen G. Gonzalez

Pace Environmental Law Review

Climate mobility governance is at an inflection point. Major developments, such as the International Court of Justice (ICJ) Advisory Opinion on climate change, are opening legal pathways to climate reparations and reshaping global policy debates on climate-induced migration. Climate-vulnerable states and peoples are calling for reparations for the intertwined injustices of slavery, colonialism and climate change and for legal frameworks that recognize the right to stay and the right to migrate based on the right to self-determination. This article examines the legal and ethical basis for reparative approaches to climate-induced migration. The article discusses the link between climate change and …

Introduction To Degrees Of Displacement: The Climate Crisis And The Future Of Migration, Ryan York

Pace Environmental Law Review

The Introduction to the 2026 Pace Environmental Law Review and Pace International Law Review Symposium, Degrees of Displacement: The Climate Crisis and the Future of Migration

Bridging Troubled Waters: Simplifying New York’S Riparian Property And River Access Laws, John Eikamp

St. John's Law Review

(Excerpt)

Part I of this Note provides a review of New York’s riparian property laws, beginning with the English common law and ending with Douglaston Manor v. Bahrakis. Part II provides an analysis of OGC-9 and its failures as an extension of the Douglaston Manor decision. Part III proposes that, to resolve this dysfunction, Douglaston Manor must be abrogated, at least in part, by statute. The statute, drawing on the laws of other states and the federal government, and informed by expert opinion, must set forth a list of the state’s navigable waterways so that anglers are no longer …

Realizing The Human Right To Water Means Moving From Remedy To Prevention, Diane A. Desierto, Marc F. Muller, Ellis A. Adams, Julie C. Faure

Journal Articles

From the Article

The human right to water is well established in law, but putting it into practice remains difficult across diverse hydrological, social and governance contexts. A proactive, contextual approach can link water-security and governance conditions to challenges in realizing the right. This can help to anticipate problems before harm occurs and strengthen existing due-diligence and stewardship processes.

Bibliographie, Michel Soumrani, Poej

Proche-Orient, Études juridiques

No abstract provided.

Resist To Exist: The Mura Struggle For Corporate Accountability And Environmental Justice In The Brazilian Amazon, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

2026–2027 Flyers

Please join the Cardozo Law Institute in Holocaust and Human Rights for a panel featuring Brazilian Indigenous leaders, human rights lawyers, and activists fighting for Mura self-determination rights to exist and continue on their lands.

Marine Spatial Planning In The Asean Countries: Lesson Learned For Future Ocean Governance In Malaysia, Husni Alhan Md Salimun, Mohd Fadzil Akhir, Nazli Aziz, Che Din Mohd Safuan, Wan Izatul Asma Wan Talaat

Journal of Environmental Science and Sustainable Development

Marine Spatial Planning (MSP) has emerged as an important governance instrument for balancing ecological protection, economic development, and social inclusion amid the rapidly intensifying blue economy in Southeast Asia. Although several ASEAN Member States (AMS) have initiated MSP processes, the existing literature on MSP governance in this region  remains fragmented and largely descriptive, limiting systematic cross-country comparison and evidence-based lessons. This study addresses this gap by assessing MSP governance performance across ASEAN countries and againts internationally recognized MSP governance benchmarks. A structured narrative review was conducted using selected PRISMA-informed procedures for literature identification and screening. Academic publications from 2003 to …

Good Governance In The Concept Of Climate Justice: Decarbonisation Policies In Economic Considerations Of Losses And Sacrifices, Daryanti Daryanti, Albertus Sentot Sudarwanto, Erna Dyah Kusumawati, Rosita Candrakirana

Journal of Environmental Science and Sustainable Development

Projections of losses resulting from the impacts of climate change in Indonesia are estimated to reach USD 30.5 million, affecting four key sectors: agriculture, water supply, health, and the maritime sector. This study shows that good governance based on climate justice in the implementation of decarbonization policies is the most important factor in avoiding long-term economic losses caused by the adverse impacts of climate change or investing in climate resilience. This study employed a normative methodology using a statutory approach to examine efforts related to climate change mitigation and adaptation. The findings of this research indicate that regulations in Indonesia, …

How Legal Systems Reflect Societal Views Of Nature, Devorah Corvo

Latin American & Caribbean Law Review

Pre-Columbine Indigenous communities differed from European settlers in many ways. One of the most striking differences was the way each group viewed itself in relation to nature and wildlife. Indigenous communities generally did not see themselves as separate from the natural world, while European settlers often viewed themselves as distinct from it. In the United States today, many people care about the environment but are unsure how to protect it. By contrast, pre-Columbian Indigenous communities were so deeply connected to their surroundings that harm to wildlife would have been seen as harm to the community itself. By examining three pre-Columbian …

Pandemic Power Plays: Environmental Deregulation & Erosion Of Indigenous Rights In Latin America During Covid-19, Sabrina Prado

Latin American & Caribbean Law Review

The COVID-19 pandemic reshaped global politics. Many governments used their emergency powers under the pretense of maintaining public health and sustaining the economy. However, in Latin America, these powers were exploited and the pandemic became a guise for expanding executive powers and propounding corporate friendly rollbacks which weakens environmental protections and minority rights. This paper will examine how emergency laws were used to sidestep the democratic process and facilitate policies that benefited corporate interests at the expense of environmental regulation and indigenous rights specifically. Brazil, Colombia, and Bolivia were three countries whose leaders centralized power and accelerated environmentally destructive policies …

Illegal And Informal Mining And The Violation Of Fundamental Rights: The Peruvian Case, Carla Mares Ruíz

Latin American & Caribbean Law Review

This article critically examines the impact of illegal and informal mining in Peru and its relationship with the violation of fundamental rights, with particular emphasis on the rights to health, a healthy environment, and effective judicial protection. It also examines the regulatory evolution of the formalization process for artisanal and small-scale mining (ASM), placing special emphasis on the resounding failure of these laws and the perverse effects of the continuous extension of REINFO (Comprehensive Registry of Mining Formalization), particularly with regard to the expansion of ilegalmining and the promotion of impunity. The paper also explores the environmental, social, and criminal …

Senate Bipartisan Permit Reform Bill Would Upend Many Environmental Laws, Michael B. Gerrard

Faculty Scholarship

On September 26, the Republican chairs and Democratic ranking members of two key Senate committees released the Bipartisan American Affordability and Jobs Act of 2026 (BAAJA). The full Senate is expected to take up the bill on November 9 (a week after the midterm elections). Its future in the House is uncertain.

The bill, the culmination of years of negotiations on permitting reform, is very good for the proponents of many kinds of energy projects (both clean and fossil), especially electricity transmission. It is very bad for environmental groups and other project opponents who want to challenge these projects in …