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The Market For Treaties, Natasha Affolder 2010 Allard School of Law at the University of British Columbia

The Market For Treaties, Natasha Affolder

Faculty Publications

Corporations are consumers of treaty law. In this article, I empirically examine three biodiversity treaty regimes - the Convention on Biological Diversity, Ramsar Convention, and World Heritage Convention - to demonstrate that corporations implement or internalize treaty norms in a variety of ways that are not captured by the dominant model of treaty implementation – national implementation. As an exegetical model, I explore how corporations use biodiversity treaties as a source of private environmental standards. I focus on the interactions between mining and oil and gas companies and biodiversity treaties, as revealed through transactional documents, corporate reports, security law filings, and treaty secretariat ...


The Olympic Games And The Triple Bottom Line Of Sustainability: Opportunities And Challenges, Joseph Weiler, Arun Mohan 2010 Allard School of Law at the University of British Columbia

The Olympic Games And The Triple Bottom Line Of Sustainability: Opportunities And Challenges, Joseph Weiler, Arun Mohan

Faculty Publications

Growing public expectations that the Olympic Movement and Olympic Host City Organizing Committees be socially, environmentally and economically responsible has made a commitment to integrate sustainability principles and practices a common theme in the bids of cities competing to host the Games. To understand the growing role of sustainability as an Olympic theme, the authors trace the evolution of the sustainability aspirations of the Olympic Movement by looking at the key Olympic Games and bids in this process. The authors determine that unlocking the potential of the Olympic Games to use sport to attract new audiences to sustainable living cannot ...


Exxon V. Baker: Legislating Spills Into The Judiciary: How The Supreme Court Sank Maritime Punitive Damages, David R. Nolte 2010 University of Maryland Francis King Carey School of Law

Exxon V. Baker: Legislating Spills Into The Judiciary: How The Supreme Court Sank Maritime Punitive Damages, David R. Nolte

Journal of Business & Technology Law

No abstract provided.


Multiscalar Governance And Climate Change: Reflections On The Role Of States And Cities At Copenhagen, Hari M. Osofsky 2010 University of Maryland Francis King Carey School of Law

Multiscalar Governance And Climate Change: Reflections On The Role Of States And Cities At Copenhagen, Hari M. Osofsky

Maryland Journal of International Law

No abstract provided.


The Aftermath Of Copenhagen: Does International Law Have A Role To Play In A Global Response To Climate Change?, Jacob Werksman, Kirk Herbertson 2010 University of Maryland Francis King Carey School of Law

The Aftermath Of Copenhagen: Does International Law Have A Role To Play In A Global Response To Climate Change?, Jacob Werksman, Kirk Herbertson

Maryland Journal of International Law

No abstract provided.


Energy Justice And Sustainable Development, Lakshman Guruswamy 2010 University of Colorado Law School

Energy Justice And Sustainable Development, Lakshman Guruswamy

Articles

Sustainable Development ("SD")--an expression of distributive justice--is the foundational premise of international energy and environmental law. It posits that international answers to environmental and energy problems cannot be pursued as independent and autonomous objectives but must be addressed within the framework of economic and social development. SD has been politically institutionalized in the Millennium Development Goals and a plethora of significant international instruments. Perhaps more importantly from a legal standpoint, SD is unequivocally codified, in the most widely accepted international energy and environmental treaties. This Article affirms the importance and continuing applicability of SD to the "other" third of ...


Climate Change And Institutional Competence, Mark Squillace 2010 University of Colorado Law School

Climate Change And Institutional Competence, Mark Squillace

Articles

No abstract provided.


Nudge, Choice Architecture, And Libertarian Paternalism, Pierre Schlag 2010 University of Colorado Law School

Nudge, Choice Architecture, And Libertarian Paternalism, Pierre Schlag

Articles

In Nudge, Cass Sunstein and Richard Thaler describe how public and private institutions can improve on individual choices by nudging individuals into making selections that are right for them. Rejecting the Econ-101 caricature of the rational utility maximizer as inaccurate, Sunstein and Thaler apply the insights of behavioral economics to show how institutions can improve the delivery of services. Moving beyond attempts to remedy individual cognitive errors, Sunstein and Thaler also argue for "libertarian paternalism" - which they herald as the "Third Way." This Review assesses their claims critically, finding their development of "nudge" and "choice architecture" to be welcome additions ...


Critique Of U.S. House Bill 2454 On Climate Change, Michael J. Waggoner 2010 University of Colorado Law School

Critique Of U.S. House Bill 2454 On Climate Change, Michael J. Waggoner

Articles

The U.S. House of Representatives, in June 2009, approved a bill to create a cap and trade system and a system of regulations and subsidies to address the problems of climate change. The U.S. Senate is now considering remedies for climate change. The approach of House Bill 2454 is ill-advised, and should be rejected by the Senate, because of the problems outlined below. I propose that these problems that would not be presented by a carbon tax, a simpler and more effective remedy for the risk of climate change.


Climate Change, Fragmentation, And The Challenges Of Global Environmental Law: Elements Of A Post-Copenhagen Assemblage, William Boyd 2010 University of Colorado Law School

Climate Change, Fragmentation, And The Challenges Of Global Environmental Law: Elements Of A Post-Copenhagen Assemblage, William Boyd

Articles

The 2009 United Nations climate conference in Copenhagen has been widely viewed as a failure -a referendum in the eyes of many on the top-down, comprehensive approach to climate governance embodied in the Kyoto Protocol and carried forward in efforts to negotiate a successor regime. Despite a modest agreement on future work toward a new agreement, the most recent climate meeting in Cancún, Mexico reinforces this view, underscoring the conclusion that Copenhagen represents an important inflection point for international climate policy. Although much of the post-Copenhagen commentary has correctly identified various problems, even fatal flaws, with the process, very little ...


Oil Spill Compensation Scheme From An Oil Tanker In Korea : A Case Study On The Hebei Spirit, Uk Kim 2010 World Maritime University

Oil Spill Compensation Scheme From An Oil Tanker In Korea : A Case Study On The Hebei Spirit, Uk Kim

World Maritime University Dissertations

No abstract provided.


Examining The Air We Breathe: Epa Should Evaluate Cumulative Impacts When It Promulgates National Ambient Air Quality Standards, Deborah N. Behles 2010 Golden Gate University School of Law

Examining The Air We Breathe: Epa Should Evaluate Cumulative Impacts When It Promulgates National Ambient Air Quality Standards, Deborah N. Behles

Publications

Inhaling air pollutants can lead to a variety of adverse respiratory and cardiovascular health effects. This potential risk for health impacts is likely greater when the mixture of pollutants that exists in ambient air, rather than isolated pollutants, are inhaled. Despite the evidence of potential cumulative impacts, EPA has continued to focus its analysis of health impacts on isolated pollutants instead of the actual mixture we breathe. This article proposes that EPA should evaluate and consider cumulative health impacts when it sets national ambient air quality standards under the Clean Air Act. EPA is considering two pollutants together to determine ...


Ahistorical Indians And Reservation Resources, Ezra Rosser 2010 American University Washington College of Law

Ahistorical Indians And Reservation Resources, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

The article is an in-depth exploration of the impacts of an Indian tribe's decision to pursue an environmentally destructive form of economic development. The history of Navajo Nation's coal leasing provides the background for the tribe's recent proposal to build a coal-fired power plant and the controversies surrounding the proposal and the environmental review process.


Resilience, Restoration, And Sustainability: Revisiting The Fundamental Principles Of The Clean Water Act, Robert W. Adler 2010 University of Utah

Resilience, Restoration, And Sustainability: Revisiting The Fundamental Principles Of The Clean Water Act, Robert W. Adler

Washington University Journal of Law & Policy

Some of the major underpinnings of the Clean Water Act ("CWA") merit reconsideration given changes in science and society. Any attempt at such a sweeping analysis of a statute that spans hundreds of pages of text would necessarily be incomplete, especially in a relatively short symposium essay. Therefore, I am taking a thematic approach based on the guiding principles Congress articulated in the law‘s opening provision: "The objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nation‘s waters." From this overarching statement of the statutory goals, I will critique four ...


Making The Connection: Nepa Processes For National Environmental Policy, Ted Boling 2010 Council on Environmental Quality

Making The Connection: Nepa Processes For National Environmental Policy, Ted Boling

Washington University Journal of Law & Policy

The goals of NEPA‘s sponsors were transformational: to integrate environmental protection and sustainable development considerations into all decisions made regarding federal agency action. NEPA section 102(2) contains action-forcing provisions that provide authority and mandates to translate this transformational policy into action. Part I of this Article reviews NEPA‘s provisions implementing this transformation mandate. Part II evaluates those purposes against the current state of NEPA implementation. Part III concludes with proposals for improving the promotion of actions that (1) prevent or eliminate environmental damage; (2) stimulate health and welfare; and (3) increase understanding of the relationship between personal ...


The Future Of Environmental Law And Complexities Of Scale: Federalism Experiments With Climate Change Under The Clean Air Act, Hari M. Osofsky 2010 University of Minnesota

The Future Of Environmental Law And Complexities Of Scale: Federalism Experiments With Climate Change Under The Clean Air Act, Hari M. Osofsky

Washington University Journal of Law & Policy

Since its inception, the Clean Air Act ("CAA") has served as an experiment in environmental governance models. As importantly, the CAA has had to be flexible in responding to our evolving understandings of environmental problems. Whether through amendments or new regulatory regimes under existing provisions, the statute has served as a key mechanism in the U.S. federal government's efforts to respond to complex environmental challenges. This Article focuses on the CAA's efforts to grapple with complexities of regulatory scale as an illustration of the new directions in environmental law that are the focus of this symposium. Air ...


Science, Politics, Law, And The Arc Of The Clean Water Act: The Role Of Assumptions In The Adoption Of A Pollution Control Landmark, Robert L. Glicksman, Matthew R. Batzel 2010 George Washington University

Science, Politics, Law, And The Arc Of The Clean Water Act: The Role Of Assumptions In The Adoption Of A Pollution Control Landmark, Robert L. Glicksman, Matthew R. Batzel

Washington University Journal of Law & Policy

This Article examines the assumptions upon which Congress relied in enacting the Clean Water Act ("CWA") and the extent to which these assumptions have been borne out or belied as the federal and state governments have implemented their CWA responsibilities in the quest to achieve acceptably clean water. Part I briefly traces the development of federal water pollution control legislation before 1972, highlighting the deficiencies that contributed to the need for a new approach in 1972. Part II examines the scientific and technical, political, and legal assumptions that helped shape the 1972 CWA in order to determine whether the failure ...


The Endangered Species Act: Static Law Meets Dynamic World, Holly Doremus 2010 University of California, Berkeley

The Endangered Species Act: Static Law Meets Dynamic World, Holly Doremus

Washington University Journal of Law & Policy

Professor Holly Doremus‘s article, The Endangered Species Act: Static Law Meets Dynamic World, traces the history of the Endangered Species Act ("ESA") to illustrate the need to correct the assumption that nature is simple to manage. For all its flaws, the ESA remains the nation's primary biodiversity conservation act,although the construct had not been "invented" in 1973 when Congress enacted "one of the last pieces of environmental bandwagon legislation." Yet, it is difficult to adapt to the broader objective of biodiversity conservation, in part because the ESA rests on a static view of species and the landscapes ...


The National Environmental Policy Act: A Review Of Its Experience And Problems, Daniel R. Mandelker 2010 Washington University School of Law

The National Environmental Policy Act: A Review Of Its Experience And Problems, Daniel R. Mandelker

Washington University Journal of Law & Policy

The National Environmental Policy Act (“NEPA”), the Magna Carta of environmental law, requires all federal agencies to evaluate the environmental impacts of their actions, a duty that extends to state, local, and private entities when a federal link is present. This Article looks at major elements in NEPA's implementation and the major contributions NEPA has made to environmental analysis. It reviews strengths and weaknesses and suggests where improvement can occur as NEPA moves forward as a protector of environmental values. The Article's focus is on encouraging agencies to take a wider view of the environmental impacts they consider ...


An Overview Of Tsca, Its History And Key Underlying Assumptions, And Its Place In Environmental Regulation, David Markell 2010 Florida State University

An Overview Of Tsca, Its History And Key Underlying Assumptions, And Its Place In Environmental Regulation, David Markell

Washington University Journal of Law & Policy

The United States has enacted an alphabet soup of laws during the past forty years to try to reduce risks that the manufacture, use, and/or disposal of toxic substances pose to our environment and to human health. One of the important early books about toxic substances, The Dilemma of Toxic Substances Regulation, suggests that this growth in government regulation has "radically transform[ed] the economic roles of government and business as well as relations between them." As one might expect, there has been an enormous amount of debate concerning the nature, extent, and adequacy of this transformation. Two overarching ...


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