Journal Articles

41SW2VK08EL Building Blocks for Global Climate Protection, 32 Stanford Envtl. L. J. 341 (2013) September 2013 - Authors: Richard Stewart, Michael Oppenheimer and Bryce Rudyk This article presents an innovative institutional approach to supplement and ultimately strengthen the lagging United Nations Framework Convention on Climate Change (UNFCCC) process for negotiating a climate treaty that commits major emitting and developed countries to greenhouse gas emissions limitations. The Durban Platform for Enhanced Action does […]
climaticchange A New Strategy for Global Climate Protection, 120 Climatic Change 1 (2013) June 2013 - Authors: Richard Stewart, Michael Oppenheimer and Bryce Rudyk This essay proposes an innovative institutional strategy for global climate protection, quite distinct from but ultimately complementary to the UNFCCC climate treaty negotiations. Our “building block” strategy relies on a variety of smaller-scale transnational cooperative arrangements, involving not only states, but also sub-national jurisdictions, firms, and civil […]
harvardelr Responses to Climate Migration, 37 Harv. Envtl. L. Rev. 167 (2013). January 2013 - Author: Katrina Wyman In recent years there have been suggestions that climate change might generate 200 million or more migrants by 2050. In response to these suggestions, and concerns that existing law and policy will be inadequate to deal with the expected displacement, there recently have been several proposals for new legally binding multilateral instruments […]
o-38-feld-switzer-whither-article-xx_Page_01 Whither Article XX? Regulatory Autonomy Under Non-GATT Agreements After China—Raw Materials (2012) October 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 […]
TIiL Building a More Effective Global Climate Regime Bottom-Up, 14 Theoretical Inquiries in Law 272 (2012) June 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 […]
Ensuring that Imported Biofuels Abide by Domestic Environmental Standards_Page_02 Ensuring that Imported Biofuels Abide by Domestic Environmental Standards: Will the Agreement on Technical Barriers to Trade Tolerate Asymmetrical Compliance Regimes? (2011) November 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 […]
978-0-8213-8863-1.cover Governing a Fragmented Climate Finance Regime, 3 World Bank Legal Review 363 (2011) October 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 […]
ELJ-Masthead Can the Public Trust Doctrine Save Western Groundwater?, 18 N.Y.U. Envtl. L.J. 412 (2010) July 2010 - Author: Danielle Spiegel-Feld Nationwide, Americans pump approximately eighty-three billion gallons of groundwater per day. 1This staggering rate of withdrawal is unsustainable in many areas and jeopardizes the longevity of one of our most vital natural resources. Several authors have proposed extending the public trust doctrine 3 to groundwater to force greater conservation. They hope that if the public […]