Publications

Whither Article XX? Regulatory Autonomy Under Non-GATT Agreements After China—Raw Materials

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

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?

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

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 …

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Carbon Capture and Storage: Emerging Legal and Regulatory Issues

Editors: Ian Hovercraft, Richard Macrory, and Richard Stewart Recently, University Professor Richard Stewart, along with two University College London (UCL) colleagues, Ian Hovercraft and Richard Macrory, edited a book on carbon capture and storage. The book follows the successful two-day Carbon Capture & Storage Global Legal Symposium in March 2010. CCS, as it is known, …

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Fuel Cycle to Nowhere: US Law and Policy on Nuclear Waste

Authors: Jane Stewart and Richard Stewart University Professor Richard Stewart and his wife Jane Stewart ’79, have just published Fuel Cycle to Nowhere: U.S. Law and Policy on Nuclear Waste. The Obama Administration’s abandonment of the Yucca Mountain repository in Nevada—the sole destination for disposal of nuclear waste—has created a crisis as waste continues to pile up …

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Can the Public Trust Doctrine Save Western Groundwater?

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 …

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