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Building Blocks for Global Climate Protection, 32 Stanford Envtl. L. J. 341 (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 […]

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A New Strategy for Global Climate Protection, 120 Climatic Change 1 (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 […]

Threatened Island Nations

The National Immigration Policy Option: Limits and Potential, in Threatened Island Nations: Legal Implications of Rising Seas and a Changing Climate

Author: Katrina M. Wyman Download this publication here. Climate change may force the inhabitants of small, low-lying island nations to relocate to other countries. There are concerns, however, that neither existing international law nor the domestic immigration laws of likely destination states afford an adequate right of refuge to these future climate refugees. These concerns […]

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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 […]

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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 […]

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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 […]

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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 […]