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Whither Article XX? Regulatory Autonomy Under Non-GATT Agreements After China—Raw Materials 38 Yale J. Int’l L. (Online) (2012)

Author: Danielle Spiegel-Feld (with Stephanie Switzer) On January 30, 2012 the Appellate Body to the World Trade Organization (WTO) released a decision in China—Measures Relating to the Exportation of Various Raw Materials (Raw Materials) in which it condemned China’s refusal to freely export certain raw materials mined within its territory. Apart from the significant political implications of […]

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Building a More Effective Global Climate Regime Bottom-Up, 14 Theoretical Inquiries in Law 272 (2012)

Authors: Richard Stewart, Michael Oppenheimer and Bryce Rudyk The Durban Platform for Enhanced Action holds out the promise of progress towards a climate treaty that includes greenhouse gas (GHG) emissions limitations commitments by all major emitting countries, including developing as well as developed countries. But as the UNFCCC process still faces significant obstacles, it needs […]

Rethinking Climate Change: Towards an Advisory Opinion from the International Court of Justice

On February 2, Johnson Toribiong, president of Palau and Tillman Thomas, prime minister of Grenada hosted a diplomatic reception at the law school to build support for a UN General Assembly resolution reqesting International Court of Justice advisory opinion on the legal responsibility of countries for climate change under international law. An ICJ advisory opinion […]

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Third Abu Dhabi Workshop on Climate Finance

Institutions for climate finance and the new Green Climate Fund were the two main topics of discussion at the workshop on Climate Finance held in Abu Dhabi last week, hosted at the NYU Abu Dhabi campus by the Global Climate Finance Project, together with the UAE’s Ministry of Foreign Affairs. This was the Project’s third […]

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Sinking States, in Property in Land and Other Resources

Author: Katrina Wyman This chapter examines whether the citizens of states that become submerged due to climate change have a legal right to resettle in the territory of another country. It argues that citizens of sinking states should have a right to relocate to higher ground under international law, though it is unlikely that such […]

Forum tackles nuclear safety and climate change

Richard Stewart, University Professor and John Edward Sexton Professor of Law, moderated the November 30 Milbank Tweed Forum. Titled “Global Warming or Nuclear Meltdown? The Future of Nuclear Power After Fukushima,” the discussion took on issues ranging from fears of nuclear proliferation to the recent crisis at the Fukushima plant in Japan, and, on the […]

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Ensuring that Imported Biofuels Abide by Domestic Environmental Standards: Will the Agreement on Technical Barriers to Trade Tolerate Asymmetrical Compliance Regimes? 29 Pace Envt’l L. Rev. 79 (2011)

Author: Danielle Spiegel-Feld From an environmental standpoint, not all biofuels are alike.  If produced from sustainably harvested feedstocks using energy efficient production processes, biofuels can help to reduce greenhouse gas (GHG) emissions from the transportation sector. If, however, biofuels are produced from unsustainably harvested feedstocks using energy intensive production processes, biofuels can have the opposite […]

Dialogue on the Trade Dimensions of Rio+20

The green economy within the context of sustainable development and poverty eradication is one of the themes of the United Nations Conference on Sustainable Development (Rio+20), held in Brazil in 2012. The trade dimension of sustainable development and the green economy have so far attracted a more limited attention despite the importance of the issues […]

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Governing a Fragmented Climate Finance Regime, 3 World Bank Legal Review 363 (2011)

Authors: Richard Stewart, Bryce Rudyk and Kiri Mattes This article summarizes the emergence and current status of climate finance in international climate negotiations; sets forth the broad array of functions that global climate finance institutions must carry out; describes the institutions that are already in place; and outlines the agenda for future institution building that […]