| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Benoit Mayer |
CLIMATE CHANGE MITIGATION AS AN OBLIGATION UNDER CUSTOMARY INTERNATIONAL LAW |
48 Yale Journal of International Law 105 (Spring, 2023) |
Climate treaties impose few substantive obligations with respect to climate change mitigation. This Article explores customary international law as an alternative source of such obligations. Such a task faces considerable methodological difficulties due to the tension between ascending and descending reasoning in the identification of customary... |
2023 |
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| Mostafa Mahmud Naser , Hossain Mohammad Reza |
CLIMATE CHANGE, HUMAN MOBILITY, AND CLIMATE FINANCE: POTENTIAL LINKAGES AND CHALLENGES |
38 Journal of Environmental Law & Litigation 139 (2023) |
Abstract. 139 Introduction. 140 I. The Necessity of Funding for the Protection of Climate-Related Migration, Displacement, and Planned Relocation. 144 II. Potential Sources of Funding for Managing Climate-Related Migration, Displacement, and Planned Relocation. 148 A. Existing International Climate Change Finance Architecture. 150 1. Global... |
2023 |
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| Blake Hite |
CLIMATE CHANGE, THE WILLOW PROJECT, AND U.S. SECURITY: A MAELSTROM OF UNREADINESS |
9/11/2023 Georgetown Environmental Law Review Online 1 (9/11/2023) |
Oil rigs operate in the ocean surrounded by floating sea ice (Creative Commons | Bureau of Safety and Environmental Enforcement) Oil has long been a key factor in U.S. national security considerations. In this article, author Blake Hite argues the combination of climate change and oil extraction in the Arctic poses unique national security concerns... |
2023 |
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| Nadia B. Ahmad , Victoria Beatty |
CLIMATE CHAUVINISM: RETHINKING LOSS & DAMAGE |
29 Southwestern Journal of International Law 238 (2023) |
Introduction: Lift Me Up. 239 I. Drowning in an Endless Sea. 240 A. Hurricanes. 241 B. Sea Level Rise. 242 II. Keep me Safe--Safe and Sound. 243 A. Nadia's personal account. 245 B. Victoria's personal account. 246 C. White Privilege. 247 III. Hold Me Down. 250 A. Cancer Alley. 250 B. Loss & Damage. 252 Conclusion.. 255 |
2023 |
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| Duane Rudolph |
CLIMATE DISCRIMINATION |
72 Catholic University Law Review 1 (Winter, 2023) |
This Article focuses on the coming legal plight of workers in the United States, who will likely face discrimination as they search for work outside their home states. The Article takes for granted that climate change will have forced those workers across state and international boundaries, a reality dramatically witnessed in the United States... |
2023 |
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| Paolo Davide Farah , Alessio Lo Giudice |
CLIMATE JUSTICE IN THE ANTHROPOCENE AND ITS RELATIONSHIP WITH SCIENCE AND TECHNOLOGY: THE IMPORTANCE OF ETHICS OF RESPONSIBILITY |
55 Connecticut Law Review 819 (June, 2023) |
Climate change is a global phenomenon. Therefore, globalization is the necessary hermeneutical horizon to develop an analysis of the metamorphosis climate change could cause at a political, social, and economic level. Within this horizon, this Article shows how the relationship between the concept of the Anthropocene epoch and the request for... |
2023 |
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| Ling Chen |
CLIMATE LAW EDUCATION AND ITS PLACE IN CANADIAN LAW SCHOOLS |
53 Environmental Law 1 (Winter, 2023) |
Canadian law schools have approached climate law through diverse legal curricula. The increased diversity of their course contents and pedagogies showcases not only the range of knowledge, skillset, and attentiveness fostered in classrooms but also the experimental and inconsistent character of climate law teaching. This Article explores what... |
2023 |
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| Chief Judge Manuel I. Arrieta |
CLIMATE LITIGATION: THE FUTURE IS NOW |
63 Natural Resources Journal 139 (Winter, 2023) |
About a year ago, I received an email from New Mexico Supreme Court Justice Michael Vigil: The National Judicial College was seeking applicants from all fifty states to select one judge from each state for its Judicial Leaders in Climate Science program. This is a program funded and organized by the National Environmental Institute headquartered in... |
2023 |
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| Camila Bustos , Bruni Pizarro , Tabitha Sookdeo |
CLIMATE MIGRATION AND DISPLACEMENT: A CASE STUDY OF PUERTO RICAN WOMEN IN CONNECTICUT |
55 Connecticut Law Review 781 (June, 2023) |
The climate crisis is increasingly forcing people to flee their homes, whether internally or across state borders. However, existing international and domestic law does not provide sufficient protection for those forcibly displaced by extreme weather events. In 2021, the Biden administration issued an executive order and subsequently a report on... |
2023 |
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| Rafael Leal-Arcas , Luis Ulloa Martinez , Victory Abang , Krishma Kapur , Saffron Greenwood , Konstantinos Chatzopoulos , Archana Nair , Lisa Schoettmer |
CLIMATE NEUTRALITY AND SUSTAINABILITY IN INTERNATIONAL TRADE |
44 University of Pennsylvania Journal of International Law 619 (Spring, 2023) |
This Article explores the links between climate neutrality and sustainability in the context of international trade. For that, it tackles seven main concerns: First, what do industry leaders now need from policymakers to make them the frontrunners in the global transition to climate neutrality? Second, what coalitions are necessary to build and who... |
2023 |
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| Mark Nevitt |
CLIMATE SECURITY INSIGHTS FROM THE COVID-19 RESPONSE |
98 Indiana Law Journal 815 (Spring, 2023) |
The climate change crisis and COVID-19 crisis are both complex collective action problems. Neither the coronavirus nor greenhouse gas (GHG) emissions respect political borders. Both impose an opportunity cost that penalizes inaction. They are also increasingly understood as nontraditional, novel security threats. Indeed, COVID-19's human cost is... |
2023 |
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| Madison Condon |
CLIMATE SERVICES: THE BUSINESS OF PHYSICAL RISK |
55 Arizona State Law Journal 147 (Spring, 2023) |
A growing number of investors, insurers, financial services providers, and nonprofits rely on information about localized physical climate risks, like floods, hurricanes, and wildfires. The outcomes of these risk projections have significant consequences in the economy, including allocating investment capital, impacting housing prices and... |
2023 |
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| Todd Aagaard |
CLIMATE, CONTROVERSY, AND COURTS |
96 Southern California Law Review Postscript 78 (2023) |
The Supreme Court's 2022 decision in West Virginia v. EPA, along with other recent cases in which federal courts have grappled with the ongoing climate crisis, offers an opportunity to assess the role of the judiciary in helping the United States adopt effective responses to monumental threats such as the climate crisis. Courts reviewing... |
2023 |
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| Shams Al-Hajjaji |
COASTAL STATE vs. FLAG STATE: COUNTRIES' MITIGATION OF ENVIRONMENTAL HARM FROM SCRUBBERS? |
47 Tulane Maritime Law Journal 185 (Spring, 2023) |
This research argues that countries should adopt unified regulations regarding the release of the wash water from the Exhaust Gas Cleaning Systems in their port, territorial, and Exclusive Economic Zone (EEZ). Ships use scrubbers to decrease their greenhouse gases emission in order to comply with the International Maritime Organization sulphur... |
2023 |
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| Patricia E. Salkin |
COMMENTARY: DAN MANDELKER--A LAND-USE LEGACY UNLIKE ANY OTHER |
52 Urban Lawyer 273 (November, 2023) |
It is an honor to share thoughts about the importance of Professor Daniel Mandelker's legacy to the field of land-use and zoning law. The word legacy means, among other things, something that is part of your history or that remains from an earlier time. At ninety-two, he was the longest actively teaching land use law professor in the United... |
2023 |
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| Kevin Frazier |
CORNER CROSSING: UNLOCKING PUBLIC LANDS OR INVADING THE AIRSPACE OF LANDOWNERS? |
46 Public Land & Resources Law Review 91 (2023) |
I. INTRODUCTION. 92 II. CORNER-LOCKED LANDS EMERGED FROM A QUIRK OF HISTORY AND OVEREXPANSION OF TRESPASS LAW. 92 A. The history of the land grant system and its creation of corner-locked lands. 93 B. The evolution of trespass laws reveals an inadequate balance between protecting private interests and recognizing public needs. 97 III. CORNER... |
2023 |
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| Erin Shields |
COUNTERING EPISTEMIC INJUSTICE IN THE LAW: CENTERING AN INDIGENOUS RELATIONSHIP TO LAND |
70 UCLA Law Review 206 (June, 2023) |
This paper argues that Indigenous peoples in the United States and Canada are subject to epistemic injustice in the law, particularly with regard to many Indigenous groups' worldviews and relationship to land. Many Indigenous cultures share a sacred connection to the traditional homelands they lived on and with, sometimes for thousands of years... |
2023 |
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| Kelly Pisimisi |
CRIMINALIZING ENVIRONMENTAL DEGRADATION AND DEVASTATION: NEW PROSPECTS FOR THE ICC ROME STATUTE? |
38 American University International Law Review 419 (2023) |
INTRODUCTION. 420 I. FROM AN ECO-CENTRIC TO A HUMAN RIGHTSBASED APPROACH. 423 II. IN SEARCH OF A DEFINITION: THE (RE)APPEARANCE OF ECOCIDE IN INTERNATIONAL LAW. 432 III. THE CHALLENGES LURKING THE PROPOSED INTERNATIONAL CRIME OF ECOCIDE. 440 A. A Hybrid International Crime: Studying Its Actus Reus. 441 B. Mens Rea and the Challenge of... |
2023 |
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| Paco Mengual |
DETERMINING AN EFFECTIVE REGULATORY FRAMEWORK FOR BUSINESSES TO REPORT ON THE ENVIRONMENT, CLIMATE, AND HUMAN RIGHTS |
35 Pace International Law Review 224 (Spring, 2023) |
The objective of this article is to identify the existing dynamics and clarify the reasoning behind reporting on environmental, climate, and human rights information in search of effective and binding frameworks to enhance transparency. To that effect, this article relates the evolution from a corporate sustainable business focus to reporting on... |
2023 |
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| Tracy Hester |
ECOWORSHIP AND FEDERAL ENVIRONMENTAL LAW |
48 Columbia Journal of Environmental Law 1 (2023) |
As the growing land stewardship movement has joined with rising evangelical environmentalism, religious worship has intersected with ecological protection to spark the rise of a new variety of ecoworship. Given the U.S. Supreme Court's recent willingness to expand constitutional protections for religious exercise and trim bulwarks against... |
2023 |
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| Zachary D. Berryman |
ENERGY RESILIENCE: DECENTRALIZING ENERGY INFRASTRUCTURE TO COMBAT THE EFFECTS OF THE CLIMATE CRISIS ON LOUISIANA |
69 Loyola Law Review 511 (Spring, 2023) |
After Hurricane Katrina ravaged the Louisiana coast in 2005, residents were hung out to dry and left in the dark for forty days. In 2020, Hurricane Laura left much of southwest Louisiana in the dark for three weeks. Then in 2022, over one million people in southeast Louisiana lost power following Hurricane Ida, the majority of whom had their power... |
2023 |
|
| Bronson J. Pace , Barbara A. Cosens |
ENVIRONMENTAL ASSESSMENT IN A TIME OF RAPID CHANGE AND HIGH UNCERTAINTY: THE ADDITION OF RESILIENCE ASSESSMENT TO NEPA |
47 William and Mary Environmental Law and Policy Review 317 (Winter, 2023) |
Professor James Hansen, former head of NASA's Goddard Institute for Space Studies and professor at Columbia University's Earth Institute, formed an international team of scientists to research the connection among atmospheric CO2 concentrations and global temperature and set out to provide model projections based on that research. The Hansen team... |
2023 |
|
| Isabel Wigley, Justin Bennett, Nicholas Endo, Raul Paez, Michael Poletti, Catherine Sherman, Megan Shubert |
ENVIRONMENTAL CRIMES |
60 American Criminal Law Review 715 (Summer, 2023) |
I. Introduction. 717 A. Criminal Versus Civil Penalties. 719 B. Criminal Enforcement. 719 C. Interaction with Other Criminal Violations. 720 II. General Issues. 721 A. Overview of the Elements of an Environmental Criminal Violation. 721 B. Liability. 721 1. Individual Liability. 721 2. Corporate Liability. 723 C. Common Defenses. 724 1.... |
2023 |
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| Joe Udell |
ENVIRONMENTAL DESTRUCTION AND HUMAN RIGHTS ABUSES IN THE DEMOCRATIC REPUBLIC OF THE CONGO: EXAMINING THE EPICENTER OF THE COBALT MINING INDUSTRY FROM AN INTERNATIONAL CRIMINAL LAW PERSPECTIVE |
32 Minnesota Journal of International Law 195 (Spring, 2023) |
Satisfying the world's growing demand for cobalt, which is used in a broad range of medical, military, technology, and renewable energy industries, comes at an incredible environmental and human cost, from the pollution of rivers and farmlands to the exploitation of thousands of laborers. Currently, the bulk of attention paid to the nexus between... |
2023 |
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| Seema Kakade |
ENVIRONMENTAL EVIDENCE |
94 University of Colorado Law Review 757 (Summer, 2023) |
The voices of impacted people are some of the most important when trying to make improvements to social justice in a variety of contexts, including criminal policing, housing, and health care. After all, the people with on-the-ground experience know what is likely to truly effectuate change in their community, and what is not. Yet, such lived... |
2023 |
|
| Travis M. Trimble |
ENVIRONMENTAL LAW |
74 Mercer Law Review 1387 (Summer, 2023) |
In 2022, the United States Court of Appeals for the Eleventh Circuit held that a plaintiff and the organization to which she belonged had standing, based on her claimed injury to her aesthetic well-being, to bring a Clean Water Act (CWA) citizen suit against a developer who had allegedly filled a wetland in violation of its permit, even though the... |
2023 |
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| Jerry L. Anderson, Amy Grace Vaughan |
ENVIRONMENTAL PENALTIES: DISCRETION AND DISPARITY |
42 Stanford Environmental Law Journal 3 (February, 2023) |
I. Introduction. 4 II. A Case Study in the Shortcomings of Penalty Discretion: California Coastal Commission. 7 III. Penalty Authority: Statutory, Regulatory, and Policy Provisions. 12 A. Federal Statutory Enforcement Authority. 13 B. EPA Penalty Policies. 16 C. Judicial Determination of Penalties. 23 D. State Penalty Authority. 26 IV. Data... |
2023 |
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| Johanna Rahnasto |
EXPLORING THE ROLE OF PATENT OFFICES IN CLIMATE CHANGE MITIGATION |
23 Chicago-Kent Journal of Intellectual Property 56 (12/20/2023) |
Patent offices are developing new programs to help in climate change mitigation. What can they deliver? This Article provides a contemporary overview of the different green technology initiatives promoted by patent offices: fast-tracking of patent applications, search platforms, applicant resources, and publicity and awareness programs. The Article... |
2023 |
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| |
FEDERAL COURTS--TRIBAL SOVEREIGNTY AND FISHING RIGHTS--SECOND CIRCUIT CONFIRMS EXCEPTION TO SOVEREIGN IMMUNITY FOR TRIBAL CLAIMS RELATING TO LAND AND FISHING RIGHTS.--SILVA v. FARRISH, 47 F.4TH 78 (2D CIR. 2022) |
136 Harvard Law Review 2012 (May, 2023) |
Tribal sovereignty grants Native American nations the right to govern themselves and their lands, thereby protecting, honoring, and preserving their communities and culture. Despite these guarantees, tribal sovereignty is often illusory in practice and has been systemically eroded by courts, state governments, and Congress alike, leading Native... |
2023 |
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| Jayesh Rathod |
FLEEING THE LAND OF THE FREE |
123 Columbia Law Review 183 (January, 2023) |
This Essay is the first scholarly intervention, from any discipline, to examine the number and nature of asylum claims made by U.S. citizens, and to explore the broader implications of this phenomenon. While the United States continues to be a preeminent destination for persons seeking humanitarian protection, U.S. citizens have fled the country in... |
2023 |
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| Chloe Picchio |
FORTUNE FAVORS THE BOLD--UNLESS YOU'RE IN RURAL AMERICA: LEGISLATING THE ENVIRONMENTAL EFFECTS OF CRYPTOCURRENCY |
24 North Carolina Journal of Law & Technology 67 (April, 2023) |
Cryptocurrency aims to democratize financial transactions. Through a digitized blockchain, cryptocurrency miners can mine currency with the rapid use of equations, which adds the cryptocurrency to the blockchain and financially rewards the miners. Proof-of-work mining, used for Bitcoin, the most prevalent cryptocurrency, consumes massive amounts... |
2023 |
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| Shai Stern |
FROM "SIT AND WAIT" TO "PROACTIVE REGULATION": A MODEL FOR ENVIRONMENTAL REGULATION OF PRIVATE PROPERTY |
53 Environmental Law 33 (Winter, 2023) |
Let me start from the end: recent years indicate that the world is moving in the right direction by increasing environmental awareness and attempting to deal with immediate and long-term environmental threats on an ongoing basis. But the path to achieving these results--like any transition from one point to another--involves significant costs for... |
2023 |
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| Anthony Moffa |
FROM COMPREHENSIVE LIABILITY TO CLIMATE LIABILITY: THE CASE FOR A CLIMATE ADAPTATION RESILIENCE AND LIABILITY ACT (CARLA) |
47 Harvard Environmental Law Review 473 (2023) |
C1-2Table of Contents Introduction. 473 I. The Early 1980s and the Early 2020s. 477 A. The 1980s. 477 B. The 2020s. 486 II. The Inefficiency of the Tort Solution. 495 A. The Fate of Pending Adaptation Torts Cases. 495 B. Causation and Adaptation Damages Calculations. 501 III. The Political and Policy Case for a Statutory Remedy. 505 IV. Features of... |
2023 |
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| Madison MacLeod |
FROM NATURE TO NUISANCE: A HISTORICAL OBSERVATION ON THE TRAJECTORY OF ENVIRONMENTAL LAW |
15 Golden Gate University Environmental Law Journal 35 (Spring, 2023) |
Environmental law and policy in the United States has had a wavering trajectory, ebbing and flowing with the tides of societal awareness, technological advancements, and political leadership. Although many of the early roots of Western environmental policy stem from a combination of resource depletion and public outrage in Europe, these notions... |
2023 |
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| Hélène Tigroudja |
FROM THE "GREEN TURN" TO THE RECOGNITION OF AN AUTONOMOUS RIGHT TO A HEALTHY ENVIRONMENT: ACHIEVEMENTS AND CHALLENGES IN THE PRACTICE OF UN TREATY BODIES |
117 AJIL Unbound 179 (2023) |
Since the end of the 2010s, some of the UN human rights treaty bodies have affirmed and enhanced states' obligations in relation to the environment. This green turn, deeply influenced by the jurisprudence of the regional human rights tribunals and the work of UN Special Procedures, raises the question of the potential recognition of an autonomous... |
2023 |
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| Altamush Saeed |
FROM THE UNITED STATES TO PAKISTAN: CAN CLIMATE CHANGE PAVE THE WAY FOR AN INTERNATIONAL RIGHT TO ANIMAL RESCUE IN DISASTERS? |
29 Animal Law 193 (2023) |
Over 69% of the world's wildlife has been lost between 1970 and 2018. Catastrophic events like the Australian bushfires, the Amazon rainforest fires, and the ongoing floods in the United States have led to the deaths of several billion animals. Ongoing apocalyptic floods have put one-third of Pakistan underwater and led to the deaths of over a... |
2023 |
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| Stephen Cody, Suffolk University Law School, Boston, Massachusetts, USA |
GLOBAL BURNING: RISING ANTIDEMOCRACY AND THE CLIMATE CRISIS. BY EVE DARIAN-SMITH. STANFORD: STANFORD UNIVERSITY PRESS, 2022. 230 PP. $22.00 PAPERBACK |
57 Law and Society Review 410 (September, 2023) |
[O]ur planet is literally and metaphorically on fire, writes Eve Darian-Smith (p. 137). Wildfires burn throughout California. Bushfires rage in Australia. The Amazon smolders. In Global Burning: Rising Antidemocracy And The Climate Crisis, Darian-Smith investigates the origins of these catastrophic wildfires and their disproportionate impacts on... |
2023 |
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| John Landzert |
GREEN NEW APPEAL?: THE DUE PROCESS CLAUSE AS A DEFENSE AGAINST STATE PREEMPTION OF MUNICIPAL ENVIRONMENTAL LAWS |
64 Boston College Law Review 1243 (May, 2023) |
Abstract: As action to combat climate change stalls on the federal level, cities and towns have taken the lead in passing environmentally friendly legislation. Nevertheless, as political polarization continues, states have increasingly employed preemption ceilings to curb municipal legislative efforts. Many state constitutions are structured in a... |
2023 |
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| Jose Garcia-Fuerte , William Garriott |
GREENING THE GREEN RUSH: HOW ADDRESSING THE ENVIRONMENTAL IMPACT OF CANNABIS LEGALIZATION CAN ENHANCE SOCIAL EQUITY AND REMEDIATE THE HARMS OF THE WAR ON DRUGS |
53 Environmental Law 169 (Spring, 2023) |
The legalization of cannabis in the United States has focused on creating regulated, for-profit commercial markets modeled on alcohol to replace the prohibition regime that held sway for most of the 20th Century. Like the fabled gold rush of the 19th Century, this new market opportunity has been a magnet for entrepreneurs and prospectors of all... |
2023 |
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| John Latson |
HIGHER ALTITUDES AND HIGHER STANDARDS: ADVOCATING THE FCC REQUIRE ENVIRONMENTAL ASSESSMENTS FOR MEGA-CONSTELLATIONS |
16 Journal of Business, Entrepreneurship and the Law 105 (Fall, 2022 & Spring, 2023) |
I. Introduction. 106 Ii. The National Environmental Policy Act's Purpose And Procedure. 109 A. The Federal Government As Trustee Of The Environment For Succeeding Generations. 109 B. The Nepa Process. 111 C. Council On Environmental Quality. 113 Iii. The Federal Communications Commission's Policy On Categorical Exclusions And Environmental... |
2023 |
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| Sarah Dávila A. |
HOW MANY MORE BRAZILIAN ENVIRONMENTAL DEFENDERS HAVE TO PERISH BEFORE WE ACT? PRESIDENT LULA'S CHALLENGE TO PROTECT ENVIRONMENTAL QUILOMBOLA DEFENDERS |
47 William and Mary Environmental Law and Policy Review 657 (Spring, 2023) |
The Global South has been historically marginalized and continues to suffer from systemic oppression, impeding the realization of their human rights. Afro-descendants and other minority populations in the Global South live in disproportionately environmentally unsafe conditions and are disproportionately more vulnerable to climate change and... |
2023 |
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| Anna A. Mance |
HOW PRIVATE ENFORCEMENT EXACERBATES CLIMATE CHANGE |
44 Cardozo Law Review 1493 (April, 2023) |
Private enforcement--the practice of allowing private actors to directly enforce statutes or regulations--has been a fixture of environmental law for the last fifty years. In the absence of comprehensive climate legislation, climate change has been brought under the fold of the environmental regime and its emphasis on private enforcement. Yet... |
2023 |
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| Jaime S. King, Joanna Manning, Alistair Woodward |
IN THIS TOGETHER: INTERNATIONAL COLLABORATIONS FOR ENVIRONMENTAL AND HUMAN HEALTH |
51 Journal of Law, Medicine & Ethics 271 (Summer, 2023) |
Keywords: Climate Change, Environmental and Human Health, Economic Case for Climate action, International Collaborations Abstract: Climate change exacts a devastating toll on health that is rarely incorporated into the economic calculus of climate action. By aligning health and environmental policy and collaborating across borders, governments and... |
2023 |
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| Joseph Cauich-Tamay |
INDIGENOUS GROUPS WHO HAVE BEEN ENVIRONMENTALLY DISPLACED SHOULD BE CONSIDERED ENVIRONMENTAL ASYLEES UNDER A PARTICULAR SOCIAL GROUP |
24 Rutgers Race & the Law Review 257 (2023) |
C1-2Table of Contents I. INTRODUCTION. 257 II. CURRENT IMMIGRATION LAWS DO NOT ADEQUATELY PROTECT INDIGENOUS PEOPLE WHO HAVE BEEN ENVIRONMENTALLY DISPLACED. 264 III. LEGAL DEFINITION OF REFUGEE AND DISTINCTIONS BETWEEN ASYLEE AND REFUGEE. 267 A. Applicable Law: 8 U.S. Code § 1158. 268 B. Burden of Proof: 8 U.S. Code § 1158 (b)(1)(B)(i-iii). 269 C.... |
2023 |
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| Olabisi D. Akinkugbe , Adebayo Majekolagbe |
INTERNATIONAL INVESTMENT LAW AND CLIMATE JUSTICE: THE SEARCH FOR A JUST GREEN INVESTMENT ORDER |
46 Fordham International Law Journal 169 (January, 2023) |
Efforts are underway to craft responses to the climate crisis within the international investment order. This Article highlights international investment law (IIL) and international climate law (ICL) as two basic governance contexts within which investment-related responses to climate change are being designed. There is, however, a... |
2023 |
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| Maria Antonia Tigre |
INTERNATIONAL RECOGNITION OF THE RIGHT TO A HEALTHY ENVIRONMENT: WHAT IS THE ADDED VALUE FOR LATIN AMERICA AND THE CARIBBEAN? |
117 AJIL Unbound 184 (2023) |
Although there is still no United Nations treaty on the right to a healthy environment, the recognition of the right by the UN General Assembly and the UN Human Rights Council have helped solidify its status as customary international law. The overwhelming recognition of the right at the national and regional levels, and now at the United Nations,... |
2023 |
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| Abigail M. Hunt, Robin M. Rotman |
INTERSECTIONAL MANAGEMENT: AN ANALYSIS OF COOPERATION AND COMPETITION ON AMERICAN PUBLIC LANDS |
42 Stanford Environmental Law Journal 121 (May, 2023) |
I. Introduction. 122 II. Overview of National Monuments and Other Federal Public Lands. 124 A. Federal Public Lands. 124 1. Federal land acquisition and disposition. 124 2. Management and use of federal public lands. 127 B. National Monuments and the Antiquities Act. 132 1. Legislative history. 133 2. Establishing national monuments. 135 3.... |
2023 |
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| Sheila Simon |
JOHNSON v. M'INTOSH: 200 YEARS OF RACISM THAT RUNS WITH THE LAND |
47 Southern Illinois University Law Journal 311 (Winter, 2023) |
The United States Supreme Court case of Johnson v. M'Intosh is a foundation of property law in the United States. It established the United States government as the only possible buyer of land from people native to the continent. As the only possible buyer, the United States government had the power to negotiate a low purchase price. The bargain... |
2023 |
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| Craig Anthony (Tony) Arnold , Frank Bencomo-Suarez , Pierce Stevenson , Elijah Beau Eisert , Henna Khan , Rachel Utz , Rebecca Wells-Gonzalez |
JUSTICE, RESILIENCE, AND DISRUPTIVE HISTORIES: A SOUTH FLORIDA CASE STUDY |
34 Colorado Environmental Law Journal 213 (Spring, 2023) |
C1-2Table of Contents I. Introduction. 214 II. Social-Ecological Resilience and the Role of Justice. 217 III. Resilience Justice and Disruptive Histories. 226 IV. The Florida Everglades and Tribal Water Justice. 229 A. The Tribes. 229 B. The Everglades. 234 C. Tribal Water-Justice Struggles. 238 V. Miami and Climate Justice. 249 VI. Conclusion. 262 |
2023 |
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| Chris Todd |
LAND LAW IN THE NORTHERN MARIANA ISLANDS |
115 Law Library Journal 331 (2023) |
The Northern Mariana Islands have a 500-year history of colonial occupation and foreign regulation of land rights. These laws were largely introduced as a means of social control over the indigenous Chamorro and Carolinian populations. This piece collates and analyzes recorded land law issued throughout the archipelago from 1521 to present.... |
2023 |
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