The Montana “2.0” Test For Tribal Civil Adjudicatory Jurisdiction: A Grain Of Rights,
2023
University of Oklahoma College of Law
The Montana “2.0” Test For Tribal Civil Adjudicatory Jurisdiction: A Grain Of Rights, Rosemary Mahaffey
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Why “Go Green” When You Can Stay Sooner Red?: An Analysis Of Oklahoma’S Energy Discrimination Act Of 2022,
2023
University of Oklahoma College of Law
Why “Go Green” When You Can Stay Sooner Red?: An Analysis Of Oklahoma’S Energy Discrimination Act Of 2022, Shivani Lalloo
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
To Clear The Air: Tennessee Gas Pipeline Company And Evolving National Acceptance Of Rsg Certification Standards,
2023
University of Oklahoma College of Law
To Clear The Air: Tennessee Gas Pipeline Company And Evolving National Acceptance Of Rsg Certification Standards, Grasyn Fuller
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction & Front Pages,
2023
University of Oklahoma College of Law
Editor's Introduction & Front Pages, Kelsey Lauerman
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Determining An Effective Regulatory Framework For Businesses To Report On The Environment, Climate, And Human Rights,
2023
Elisabeth Haub School of Law at Pace University
Determining An Effective Regulatory Framework For Businesses To Report On The Environment, Climate, And Human Rights, Paco Mengual
Pace International Law Review
The objective of this article is to identify the existing dynamics and clarify the reasoning behind reporting on environmental, climate, and human rights information in search of effective and binding frameworks to enhance transparency. To that effect, this article relates the evolution from a corporate sustainable business focus to reporting on environmental social and governance and increasing corporate accountability. It then expands on defining non- financial information and ESG reporting with regards to recent European Union Regulations (SFDR, Taxonomy) as well as the challenges associated with defining sustainable investments. This article aims to compare and understand the various regulatory strategies …
Safeguarding Sovereignty: Indonesia's Solution To The Raw Materials Case In Wto,
2023
Bina Nusantara University
Safeguarding Sovereignty: Indonesia's Solution To The Raw Materials Case In Wto, Muhammad Reza Syariffudin Zaki, Muhammad Haykal Armanto, Rafsi Azzam Hibatullah Albar, Stefan Koos
Indonesian Journal of International Law
Indonesia’s export restriction on raw materials was based upon Law No. 4 of 2009 on Mineral and Coal Mining as amended with Law No. 3 of 2020. January 1st of 2020 marks nickel to be the first mineral to be affected by the raw mineral export ban policy. This measure has sparked a controversy in the international community, as the European Union deemed that this measure is against the principles of the World Trade Organization of nonrestrictive trade policies. This phenomenon was brought to the Dispute Settlement Body of the WTO as DS592 – Indonesia Measures Relating to Raw …
The Green Future And The Golden Past: Issues And Approaches Regarding The Sustainability Of Historical Structures And Sites,
2023
Pace University
The Green Future And The Golden Past: Issues And Approaches Regarding The Sustainability Of Historical Structures And Sites, Steven Moctezuma
Pace Environmental Law Review
This Article illustrates the harmonies and conflict between historic preservation and environmental law in the context of urgently meeting climate change challenges. The Article presents an overarching analysis of the relationship between historic preservation and environmentalism, discerning unifying aspects and modern conflicts through statutory laws and case studies. It begins with detailing the parallel goals between the two causes, drawing on key similarities between the National Historic Preservation Act and the National Environmental Policy Act, the main tools for ensuring federal review for each field, and highlighting sustainable refurbishment as a prime example on achieving both ends with the same …
The Need To Reconceptualize Wild Animals Post-Covid 19: Miscoordination Of Wildlife Regulations In China’S Food Legal Order,
2023
Peking University School of Transnational Law
The Need To Reconceptualize Wild Animals Post-Covid 19: Miscoordination Of Wildlife Regulations In China’S Food Legal Order, Yi Seul Kim
Pace Environmental Law Review
Today, China is one of the largest markets for wild animal trading. Yet, wild animals are in a regulatory grey area. There is an increasing need to revisit how wild animals are simultaneously but differently regulated in the food and wildlife protection regimes. Rarely do attempts to understand these two regimes occur, making this article's analysis of miscoordination in these bodies of law crucial in addressing the hindrance of nationwide food safety improvement efforts.
Virtuous Cycles: The Interaction Of Public And Private Environmental Governance,
2023
Pace University
Virtuous Cycles: The Interaction Of Public And Private Environmental Governance, Elodie O. Currier
Pace Environmental Law Review
The climate crisis has provoked a call for action from all sides. Private governance, public regulation, and individual behavior are all vital pieces of our path toward decarbonization and climate adaptation. Despite this, some scholars and policymakers argue that private environmental governance undermines public efforts to regulate climate harms. This paper draws on existing scholarship in law, policy, and psychology to answer these critiques, proposing four taxonomies of beneficial public-private collaboration on environmental governance. It then applies these models, tracking the shift in U.S. environmental legislation from “polluter pays” to “beneficiary pays” strategies to show a shift from rivalry to …
Criminalization Of Community-Based Ecotourism (Cbet) In Indonesia: The Cases Of Pari Island, Kepulauan Seribu,
2023
Universitas Indonesia
Criminalization Of Community-Based Ecotourism (Cbet) In Indonesia: The Cases Of Pari Island, Kepulauan Seribu, Janthi Dharma Shanty, Bono Budi Priambodo
Journal of Indonesian Tourism and Policy Studies
Pari islanders have revamped their island into cultural ecotourism destination since 2010. It has been successful because the activities have diverted the islanders’ dependence on the hard-pressed local coastal and fisheries resources and supplemented their income. This is a win-win situation the Indonesian government seeks to create with the 2007 Coastal Zone and Small Islands Management Law where natural conservation benefits local populace economically. The Law stipulates, among others, that community participation is one of the integrated coastal zone management principles. The Law also prioritizes coastal zones for conservation and tourism activities. Pari islanders thus have already implemented the imperatives …
Prioritizing Regional Wildlife Conservation By Rejuvenating The Western Hemisphere Convention On Nature Protection,
2023
American University Washington College of Law
Prioritizing Regional Wildlife Conservation By Rejuvenating The Western Hemisphere Convention On Nature Protection, Shade Streeter, David Hunter, William Snape Iii
Sustainable Development Law & Policy
Last year, parties to the Convention on Biological Diversity (“CBD”), representing nearly every nation, signed a milestone agreement committing, among other things, to conserve thirty percent of Earth’s lands and oceans to stave off the rapid diminution of the planet’s biodiversity. Implementing these global commitments will require not only strong domestic measures, but also enhanced regional cooperation targeting the conservation of the region’s migratory wildlife and shared resources. Although the United States is the sole major holdout from the CBD, it can still reassert its leadership in regional wildlife conservation by rejuvenating the Convention on Nature Protection and Wildlife Preservation …
Unclos, Undrip & Tartupaluk: The Grim Tale Of Hans Isle And Graense,
2023
American University Washington College of Law
Unclos, Undrip & Tartupaluk: The Grim Tale Of Hans Isle And Graense, Christopher Mark Macneill
Sustainable Development Law & Policy
“Inuit have lived in the Arctic from time immemorial.” The Arctic, in the face of climate change, has become a hot spot for exploration, resource extraction, and increased shipping and scientific activity. “[The] Inuit . . . have had a common and shared use of the sea area and the adjacent coasts” among their own communities, and contemporaneously with the world. This vast circumpolar Inuit Arctic region includes land, sea, and ice stretching from eastern Russia (Chukotka region) across the Berring Strait, to Alaska, the Canadian Arctic, and Greenland, representing an Inuit homeland known as Nunaat. Hans Isle, a small …
The Great Climate Migration: A Critique Of Global Legal Standards Of Climate-Change Caused Harm,
2023
American University Washington College of Law
The Great Climate Migration: A Critique Of Global Legal Standards Of Climate-Change Caused Harm, Mariah Stephens
Sustainable Development Law & Policy
Approximately 2.4 billion people, or about forty percent of the global population, live within sixty miles (one hundred kilometers) of a coastline. The United Nations (“U.N.”) determined that “a sea level rise of half a meter could displace 1.2 million people from low-lying islands in the Caribbean Sea and the Indian and Pacific Oceans, with that number almost doubling if the sea level rises by two metres.” The U.N. also reports that “sudden weather-related hazards” have internally displaced an annual average of 21.5 million people since 2008. Within the next few decades, this number is likely to continue to increase. …
The Future Of Crypto-Asset Mining: The Inflation Reduction Act And The Need For Uniform Federal Regulation,
2023
American University Washington College of Law
The Future Of Crypto-Asset Mining: The Inflation Reduction Act And The Need For Uniform Federal Regulation, Liz Guinan
Sustainable Development Law & Policy
Crypto-asset mining is energy-intensive and environmentally harmful, presenting challenges and opportunities for federal, state and local governments, regulators, and society as a whole. As of December 2021, the United States has thirty-eight percent of the global crypto network hash rate, which is the total amount of computational power used to mine and process crypto transactions, making the United States the world’s largest crypto-asset mining industry. The total electricity consumption of crypto-asset mining in the United States is estimated to be around 121.36 terawatt-hours (“TWh”) per year, which is equivalent to the electricity consumption of approximately 10.9 million households in the …
Editors' Note,
2023
American University Washington College of Law
Editors' Note, Rachel Keylon, Meghen Sullivan
Sustainable Development Law & Policy
For more than two decades, the Sustainable Development Law and Policy Brief (“SDLP”) has published works analyzing emerging legal and policy issues within the fields of environmental, energy, sustainable development, and natural resources law. SDLP has also prioritized making space for law students in the conversation. We are honored to continue this tradition in Volume XXIII.
Klinik Hukum: Sebuah Pendekatan Praktis,
2023
Faculty of Law, University of Indonesia
Klinik Hukum: Sebuah Pendekatan Praktis, Satjipto Rahardjo
Jurnal Hukum & Pembangunan
No abstract provided.
The Constitution Of Japan,
2023
Faculty of Law, University of Indonesia
The Constitution Of Japan, Harun Alrasjid
Jurnal Hukum & Pembangunan
No abstract provided.
Federal Environmental Justice Legislation And Regulations,
2023
Barry University
Federal Environmental Justice Legislation And Regulations, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
The End Externalities Manifesto: Restatement, Loose Ends, And Unfinished Business,
2023
Vanderbilt University Law School
The End Externalities Manifesto: Restatement, Loose Ends, And Unfinished Business, J.B. Ruhl
Pace Environmental Law Review
Professor J.B. Ruhl observes in his article, “The End Externalities Manifesto: Restatement, Loose Ends, and Unfinished Business,” that Elliott and Esty’s proposal for a rights-centric system of environmental law focuses narrowly on a right to recover compensation for harms to human health caused by pollution. He offers suggestions for implementing that proposal, such as using the concept of ecosystem services to trace how harm to ecosystems can cause harm to human health, and he proposes how Elliott and Esty could extend their rights-centric system to a broader conception of human rights and the environment.
Natural Resource Systems And The Evolution Of Environmental Law,
2023
Pace University
Natural Resource Systems And The Evolution Of Environmental Law, Monika Ehrman
Pace Environmental Law Review
Professor Monika Ehrman provides a pragmatic response to Elliott and Esty’s proposal to end all environmental externalities, which she refers to as an “environmental law moonshot.” She examines the value of transforming environmental law and dreaming big as Elliott and Esty recommend, while discussing the practical considerations of doing so. Her considerations include incentivizing technological advancement, compensating environmentally harmed communities to address systemic issues, and breaking down silos in environmental law.
