Environmental Law Commons^™

Introductory Comments: The Current State Of Climate Change Law, Michael B. Gerrard

Faculty Scholarship

The three words that best characterize the current state of climate change law are fragmentation, uncertainty, and insufficiency.

A Comment On Watersheds: Runoff From The Tax Code, Kim Brooks

Articles, Book Chapters, & Popular Press

The role of tax as an instrument of social and economic policy has recently come to the fore in debates about the environment. This paper provides a short comment on a paper authored by Janet Milne that explores the incentive effects of the tax code on watershed protection.

Early Experience With The Kyoto Compliance System: Possible Lessons For Mea Compliance System Design, Meinhard Doelle, Meinhard Doelle

Articles, Book Chapters, & Popular Press

Regardless of the future of the Kyoto compliance system, much of its work will continue to be important both for the climate change regime and for other MEAs. While it is impossible to make accurate predictions about the substance of the climate change regime after 2012, it is nevertheless important to reflect on the experience with the Kyoto compliance system to date for MEA compliance generally. Adjustments to the Kyoto compliance system necessitated by post 2012 changes to the substantive obligations can, of course, only be considered once those changes are known. The central question posed in this article is …

The Copenhagen Climate Talks: The End Of The Road For The Unfcc Or A Step Forward In The Evolution Of The Regime, Meinhard Doelle

Articles, Book Chapters, & Popular Press

This paper offers an overview of the key outcomes of the 2009 climate negotiations in Copenhagen and consider their implications for the evolution of the UN Climate Regime.

Ocean Policy: A Canadian Case Study, Camille Mageau, David Vanderzwaag, Susan Farlinger

Articles, Book Chapters, & Popular Press

Over the years, Canada, like most other coastal nations, has developed an intricate set of policies and regulatory instruments focused on the management of traditional sectoral uses of the oceans. A decade ago, the necessary steps were taken to modernise the way in which Canadian authorities manage ocean-based activities.

Canada did not set out to design “one” comprehensive, all inclusive oceans policy. The primary approach taken was to identify, through Canada’s Oceans Act, one federal lead authority responsible for the coordination and harmonisation of existing policy and statutory instruments and to formulate a national vision and guiding principles for oceans …

The Gulf Of Maine Boundary Dispute And Transboundary Management Challenges: Lessons To Be Learned, David Vanderzwaag

Articles, Book Chapters, & Popular Press

One might be cynical about the usefulness of trying to draw legal guidance from a judicial determination of a United States-Canada dispute admitted by the judges themselves to be geographically unique. As stated by the majority of the judges in the Case Concerning Delimitation of the Maritime Boundary in the Gulf of Maine Area (Gulf of Maine Case) decision:

"Although the practice is still rather sparse, owing to the relative newness of the question, it too is there to demonstrate that each specific case is, in the final analysis, different from all the others, that it is monotypic and that, …

A Comment On Watersheds: Runoff From The Tax Code, Kim Brooks

Articles, Book Chapters, & Popular Press

The role of tax as an instrument of social and economic policy has recently come to the fore in debates about the environment. This paper provides a short comment on a paper authored by Janet Milne that explores the incentive effects of the tax code on watershed protection.

A Gulf United: Canada-Us Transboundary Marine Ecosystem-Based Governance In The Gulf Of Maine, Lawrence Hildebrand, Aldo Chircop

Articles, Book Chapters, & Popular Press

In 1989, the Northeastern states of Maine, Massachusetts, and New Hampshire in the United States and the neighboring Canadian Provinces of New Brunswick and Nova Scotia embarked upon a new form of regional marine environmental cooperation when their governors and premiers adopted the Agreement on Conservation of the Marine Environment of the Gulf of Maine Between the Governments of the Bordering States and Provinces.