Daniel Bodansky
Dados Biográficos
| ID | 1317801 |
|---|---|
| NOME | Daniel Bodansky |
| PRENOMES | Daniel |
| SOBRENOME | Bodansky |
| ASSINATURA | BODANSKY D |
| AFILIAÇÕES | Arizona State University |
| ORCID | 0000-0003-0885-7861 |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 30 |
| TOTAL DE CITAÇÕES | 226 |
| TOTAL COMO AUTOR | 30 |
| TOTAL COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1999 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2026 |
| ÍNDICE H | 7 |
Arctic Climate Engineering
The likely insufficiency of conventional climate mitigation policies to prevent dangerous climate change has prompted increasing interest in technological interventions to cool the planet. Most of the scholarly and policy literature on climate engineering has focused on interventions aimed at influencing the global climate—for example, by injecting reflective particles (aerosols) into the stratosphere, which would reduce the amount of sunlight re…
Arctic Warming and International Law
Not all warming is created equal. Although global warming is (as its name indicates) global in scope, its magnitude and impacts vary widely between regions. Nowhere is this more apparent than in the Arctic, which by one estimate has been warming four times as fast as the global average since 1979, due to a phenomenon known as “Arctic amplification.” 1 Already, with “only” about 1.3oC of global warming (as compared to pre-industrial levels), Arcti…
The Trump Administration Steps Back from International Environmental Cooperation
Four Treaties in One
Combine and conquer. That was the strategy of those seeking to develop an international regime to address marine biological diversity found in areas beyond national jurisdiction—areas that constitute half of the world's surface and a much greater proportion of its habitable volume. States had quite different visions for the regime. On the one hand, the European Union and other developed countries such as Australia and New Zealand wanted a conserv…
The Cambridge Handbook of the Sustainable Development Goals and International Law
In 2015, the United Nations established seventeen Sustainable Development Goals (SDG) that aimed 'to achieve a better and more sustainable future for all' by 2030. The chapters within this collection address each of these SDGs, considering how they relate to one another and international law, and what institutions could aid their implementation. Development has been a contentious topic since the decolonization period after World War II, and issue…
Climate Change
After four years of not simply inaction but significant retrogression in U.S. climate change policy, the Biden administration has its work cut out. As a start, it needs to undo what Trump did. The Biden administration took a step in that direction on Day 1 by rejoining the Paris Agreement. But simply restoring the pre-Trump status quo ante is not enough. The United States also needs to push for more ambitious global action. In part, this will req…
Overlooked ocean strategies to address climate change
The Paris Rulebook
This article discusses the importance of the recently concluded Paris Rulebook, the extent to which it limits national discretion, instils discipline and generates ambition and accountability, and the challenges that lie ahead in implementing the 2015 Paris Agreement. It discusses, in particular, the rules on mitigation, transparency, the global stocktake and the implementation and compliance mechanism, in order to highlight the choices Parties m…
The Paris Climate Change Agreement
Know your limits. This familiar adage is not an inspirational rallying cry or a recipe for bold action. It serves better as the motto for the tortoise than the hare. But, after many false starts over the past twenty years, states were well advised to heed it when negotiating the Paris Agreement. While it is still far too early to say whether the Agreement will be a success, its comparatively modest approach provides a firmer foundation on which t…
Should we Care what the Pope Says About Climate Change
The brokerage firm, E.F. Hutton, used to have a tagline that went, “When E.F. Hutton speaks, people listen.” On climate change, the Pope has spoken, but will people listen? And should they? The first question is empirical; the second, normative. The papal encyclical, Laudato Si’ , was released in May 2015 to much acclaim. It is an extraordinarily wideranging document. Although I will focus, in particular, on its discussion of climate change, it i…
Legal Realism and its Discontents
This article provides a brief overview of legal realism and sketches out its implications for international law, using international environmental law as an example. Although the ‘new’ legal realism is not especially new, its anti-formalist, pragmatic perspective still offers important insights about the international legal process, and serves as a useful counterpoint to a new variety of formalism, which continues to resist the social scientific …
Does Custom Have A Source
Customary international law often seems like a riddle wrapped in a mystery inside an enigma. According to Manley O. Hudson, even the drafters of the International Court of Justice Statute "had no very clear idea as to what constituted international custom." The situation has not changed much since then.I got my first taste of the difficulties in identifying custom when I was a junior attorney at the U.S. Department of State and was assigned the t…
Transnationalism, Unilateralism and International Law
When we speak of transnational environmental law and legal process, we are concerned with the migration and impact of legal norms, rules and models across borders. Such migration can occur through the mediation of international law and institutions, or through the impact of unilateral legal developments in one jurisdiction that affect behaviour in others. The paper discusses the importance of assessing transnational environmental law in light of …
The Copenhagen Climate Change Conference
This short piece analyzes the background and content of the Copenhagen Accord on climate change, which was agreed to last December by leaders of roughly 25 countries, including all of the world's major economies. Although the Copenhagen Accord is a political rather than a legal instrument and has been criticized by some as inadequate or worse, it represents a potentially significant breakthrough. On one side, developed countries agreed to put sig…
International Criminal Tribunal for Rwanda—genocide—conspiracy to commit genocide—complicity in genocide—mens rea—judicial notice
Prosecutor v. Karemera, Ngirumpatse, & Nzirorera. Case No. ICTR-98-44-AR73(C). Decision on Prosecutor's Interlocutory Appeal of Decision on Judicial Notice. At . International Criminal Tribunal for Rwanda, Appeals Chamber, June 16, 2006. In an interlocutory appeal in Prosecutor v. Karemera , the appeals chamber of the International Criminal Tribunal for Rwanda (ICTR) held that the commission of genocide against the Tutsis in 1994 is a “fact of co…
ICJ—prohibition against the use of force—self-defense under Article 51 of the UN Charter—duty of vigilance—IHR and IHL under belligerent occupation
Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda). At http://www.icj-cij.org >. International Court of Justice, December 19, 2005. In its December 19, 2005, judgment in Armed Activities on the Territory of the Congo v. Uganda (Democratic Republic of the Congo v. Uganda), the International Court of Justice (ICJ) found Uganda to have engaged in grave violations of the prohibition on the use of force and of …
Barbados/Trinidad and Tobago. Award on Jurisdiction and Merits
Barbados/Trinidad and Tobago. Award on Jurisdiction and Merits. At http://www.pca-cpa.org/ENGLISH/RPC/ >, available at 45 ILM 800 (2006). UN Convention on the Law of the Sea Annex VII Arbitral Tribunal, April 11, 2006. The dispute addressed in the Barbados/Trinidad and Tobago arbitration emerged during nine rounds of negotiations concerning delimitation of die maritime boundary in the western, central, and eastern sectors of their overlapping cla…
Cooperation with international tribunals—binding orders directed at states and international organizations—intelligence information—national security interests—disclosure to defendants—fair trails
Prosecutor v. Milutinović et al., Case No. IT-05-87-AR108 bis .2, Decision on Request of the United States of America for Review. Prosecutor v. Milutinović et al., Case No. IT-05-87-AR108 bis .l, Decision on Request of the North Atlantic Treaty Organisation for Review. International Criminal Tribunal for the Former Yugoslavia, Appeals Chamber, May 12 and May 15, 2006, respectively. In May 2006, the appeals chamber of the International Criminal Tr…
European Communities —Measures Affecting the Approval and Marketing of Biotech Products. WT/DS291/R, WT/DS292/R, & WT/DS293/R
European Communities—Measures Affecting the Approval and Marketing of Biotech Products. WT/DS291/R, WT/DS292/R, & WT/DS293/R. At http://www.wto.org/english/tratop_e/dispu_e/dispu_status_e.htm >. World Trade Organization Panel, September 29, 2006 (adopted November 21, 2006). In what was by far the longest panel report in the World Trade Organization’s history, a WTO panel ruled last September that various parts of the European Communities’ regulat…
Sanchez-Llamas v. Oregon
Sanchez-Llamas v. Oregon, 126 S.Ct. 2669. United States Supreme Court, June 28, 2006. In Sanchez-Llamas v. Oregon , a majority of the U.S. Supreme Court held that suppression of evidence is not an appropriate remedy for violations of Article 36 of the Vienna Convention on Consular Relations and that U.S. states may apply their regular procedural default rules to bar claims brought under Article 36. The Court reached the latter conclusion despite …
Mara’abe v. Prime Minister of Israel
Mara'Abe v. Prime Minister of Israel. Case No. HCJ 7957/04. At http://elyonl.court.gov.il/eng/home/index.html > (English translation). Supreme Court of Israel, sitting as the High Court of Justice, September 15, 2005. In Mara ‘abe v. Prime Minister of Israel , the Israeli Supreme Court held that the routing of a portion of Israel's “security fence” in the northern West Bank violated international humanitarian law. The Supreme Court, sitting as th…
Germany v. N
Germany v. N. Decision No. 2 WD 12.04. At http://www.bverwg.de >. Bundesverwaltungsgericht (German Federal Administrative Court), June 21, 2005. On June 21, 2005, in Germany v. N , the Federal Administrative Court of Germany (Bundesverwaltungsgericht) acquitted a soldier charged with disobeying an order in violation of his military duty of obedience and loyal service. The soldier, a major in the Federal Armed Forces (Bundeswehr), had refused to p…
Hamdan v. Rumsfeld
Hamdan v. Rumsfeld. 126 S.Ct. 2749. United States Supreme Court, June 29, 2006. In Hamdan v. Rumsfeld , the U.S. Supreme Court found that the military commissions established by President George W. Bush were unauthorized by law and inconsistent with both the Uniform Code of Military Justice (UCMJ) and the 1949 Geneva Conventions. Rejecting jurisdictional challenges to its resolving the legality of the tribunals, the Court found the military commi…
Case No. 1231 [2003]
Case No. 1231 [2003]. 1416 Saibansho JIHŌ 6. At http://www.courts.go.jp >. Saikō Saibansho (Supreme Court of Japan), July 21, 2006. In a decision issued on July 21, 2006, a five-justice panel of the Supreme Court of Japan effectively overturned seventy-eight years of Japanese jurisprudence on foreign sovereign immunity. The holding in Case No. 1231 [2003] serves to limit the ability of foreign governmenrs to claim immunity from the civil jurisdic…
Jones v. Ministry of Interior of the Kingdom of Saudi Arabia
Jones v. Ministry of Interior of the Kingdom of Saudi Arabia. Case No. [2006] UKHL 26. At http://www.publications.parliament.uk/pa/ld/ldjudgmt.htm >. House of Lords, June 14, 2006. The House of Lords handed down judgment in Jones v. Ministry of Interior of the Kingdom of Saudi Arabia on June 14, 2006. The case concerns an action in damages brought by Jones and three other applicants, all UK citizens, falsely accused of involvement in bombings in …
The Legitimacy of International Governance
This article is about a problem only just becoming visible: the legitimacy of international environmental law, and more specifically, the perception that the international environmental process is insufficiently democratic. Until now, international lawyers have tended to focus on what environmental standards are needed and how those standards can be made effective. But as decision-making authority gravitates from the national to the international…
The Paris Climate Change Agreement
Know your limits. This familiar adage is not an inspirational rallying cry or a recipe for bold action. It serves better as the motto for the tortoise than the hare. But, after many false starts over the past twenty years, states were well advised to heed it when negotiating the Paris Agreement. While it is still far too early to say whether the Agreement will be a success, its comparatively modest approach provides a firmer foundation on which t…
The Copenhagen Climate Change Conference
This short piece analyzes the background and content of the Copenhagen Accord on climate change, which was agreed to last December by leaders of roughly 25 countries, including all of the world's major economies. Although the Copenhagen Accord is a political rather than a legal instrument and has been criticized by some as inadequate or worse, it represents a potentially significant breakthrough. On one side, developed countries agreed to put sig…
The Paris Rulebook
This article discusses the importance of the recently concluded Paris Rulebook, the extent to which it limits national discretion, instils discipline and generates ambition and accountability, and the challenges that lie ahead in implementing the 2015 Paris Agreement. It discusses, in particular, the rules on mitigation, transparency, the global stocktake and the implementation and compliance mechanism, in order to highlight the choices Parties m…
Transnationalism, Unilateralism and International Law
When we speak of transnational environmental law and legal process, we are concerned with the migration and impact of legal norms, rules and models across borders. Such migration can occur through the mediation of international law and institutions, or through the impact of unilateral legal developments in one jurisdiction that affect behaviour in others. The paper discusses the importance of assessing transnational environmental law in light of …
What's so bad about unilateral action to protect the environment
National actions to protect the environment can be more or less unilateral, ranging from those that promote purely national policies at one extreme to those that promote international norms at the other. Although the preference for international action to protect the environment is understandable, sometimes unilateral action can play a catalytic role in the development of an international regime. Moreover, often effective multilateral action is i…
Introduction and Overview
In August 2001, the International Law Commission (ILC) adopted its “Draft Articles on the Responsibility of States for Internationally Wrongful Acts,” bringing to completion one of the Commission’s longest running and most controversial studies. On December 12, 2001, the United Nations General Assembly adopted Resolution 56/83, which “commend [ed the articles] to the attention of Governments without prejudice to the question of their future adopt…
Overlooked ocean strategies to address climate change
Jones v. Ministry of Interior of the Kingdom of Saudi Arabia
Jones v. Ministry of Interior of the Kingdom of Saudi Arabia. Case No. [2006] UKHL 26. At http://www.publications.parliament.uk/pa/ld/ldjudgmt.htm >. House of Lords, June 14, 2006. The House of Lords handed down judgment in Jones v. Ministry of Interior of the Kingdom of Saudi Arabia on June 14, 2006. The case concerns an action in damages brought by Jones and three other applicants, all UK citizens, falsely accused of involvement in bombings in …
Four Treaties in One
Combine and conquer. That was the strategy of those seeking to develop an international regime to address marine biological diversity found in areas beyond national jurisdiction—areas that constitute half of the world's surface and a much greater proportion of its habitable volume. States had quite different visions for the regime. On the one hand, the European Union and other developed countries such as Australia and New Zealand wanted a conserv…
International Criminal Tribunal for Rwanda—genocide—conspiracy to commit genocide—complicity in genocide—mens rea—judicial notice
Prosecutor v. Karemera, Ngirumpatse, & Nzirorera. Case No. ICTR-98-44-AR73(C). Decision on Prosecutor's Interlocutory Appeal of Decision on Judicial Notice. At . International Criminal Tribunal for Rwanda, Appeals Chamber, June 16, 2006. In an interlocutory appeal in Prosecutor v. Karemera , the appeals chamber of the International Criminal Tribunal for Rwanda (ICTR) held that the commission of genocide against the Tutsis in 1994 is a “fact of co…
Mara’abe v. Prime Minister of Israel
Mara'Abe v. Prime Minister of Israel. Case No. HCJ 7957/04. At http://elyonl.court.gov.il/eng/home/index.html > (English translation). Supreme Court of Israel, sitting as the High Court of Justice, September 15, 2005. In Mara ‘abe v. Prime Minister of Israel , the Israeli Supreme Court held that the routing of a portion of Israel's “security fence” in the northern West Bank violated international humanitarian law. The Supreme Court, sitting as th…
Germany v. N
Germany v. N. Decision No. 2 WD 12.04. At http://www.bverwg.de >. Bundesverwaltungsgericht (German Federal Administrative Court), June 21, 2005. On June 21, 2005, in Germany v. N , the Federal Administrative Court of Germany (Bundesverwaltungsgericht) acquitted a soldier charged with disobeying an order in violation of his military duty of obedience and loyal service. The soldier, a major in the Federal Armed Forces (Bundeswehr), had refused to p…
Hamdan v. Rumsfeld
Hamdan v. Rumsfeld. 126 S.Ct. 2749. United States Supreme Court, June 29, 2006. In Hamdan v. Rumsfeld , the U.S. Supreme Court found that the military commissions established by President George W. Bush were unauthorized by law and inconsistent with both the Uniform Code of Military Justice (UCMJ) and the 1949 Geneva Conventions. Rejecting jurisdictional challenges to its resolving the legality of the tribunals, the Court found the military commi…
The Legitimacy of International Governance
This article is about a problem only just becoming visible: the legitimacy of international environmental law, and more specifically, the perception that the international environmental process is insufficiently democratic. Until now, international lawyers have tended to focus on what environmental standards are needed and how those standards can be made effective. But as decision-making authority gravitates from the national to the international…
What's so bad about unilateral action to protect the environment
National actions to protect the environment can be more or less unilateral, ranging from those that promote purely national policies at one extreme to those that promote international norms at the other. Although the preference for international action to protect the environment is understandable, sometimes unilateral action can play a catalytic role in the development of an international regime. Moreover, often effective multilateral action is i…
Introduction and Overview
In August 2001, the International Law Commission (ILC) adopted its “Draft Articles on the Responsibility of States for Internationally Wrongful Acts,” bringing to completion one of the Commission’s longest running and most controversial studies. On December 12, 2001, the United Nations General Assembly adopted Resolution 56/83, which “commend [ed the articles] to the attention of Governments without prejudice to the question of their future adopt…
Quatre leçons du processus de Kyoto
Resumé Le point de vue d'un des négociateurs américains sur les questions de climat. A ses yeux, l'ambition d'une règle universelle ne peut faire fi des conditions de recherche de cohérence dans chaque pays. Mais les Etats-Unis ne sont-ils pas dans une situation particulière pour résister à la pression de leurs partenaires
Joan Fitzpatrick (1950-2003)
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Sanchez-Llamas v. Oregon
Sanchez-Llamas v. Oregon, 126 S.Ct. 2669. United States Supreme Court, June 28, 2006. In Sanchez-Llamas v. Oregon , a majority of the U.S. Supreme Court held that suppression of evidence is not an appropriate remedy for violations of Article 36 of the Vienna Convention on Consular Relations and that U.S. states may apply their regular procedural default rules to bar claims brought under Article 36. The Court reached the latter conclusion despite …
Mara’abe v. Prime Minister of Israel
Mara'Abe v. Prime Minister of Israel. Case No. HCJ 7957/04. At http://elyonl.court.gov.il/eng/home/index.html > (English translation). Supreme Court of Israel, sitting as the High Court of Justice, September 15, 2005. In Mara ‘abe v. Prime Minister of Israel , the Israeli Supreme Court held that the routing of a portion of Israel's “security fence” in the northern West Bank violated international humanitarian law. The Supreme Court, sitting as th…
Germany v. N
Germany v. N. Decision No. 2 WD 12.04. At http://www.bverwg.de >. Bundesverwaltungsgericht (German Federal Administrative Court), June 21, 2005. On June 21, 2005, in Germany v. N , the Federal Administrative Court of Germany (Bundesverwaltungsgericht) acquitted a soldier charged with disobeying an order in violation of his military duty of obedience and loyal service. The soldier, a major in the Federal Armed Forces (Bundeswehr), had refused to p…
Hamdan v. Rumsfeld
Hamdan v. Rumsfeld. 126 S.Ct. 2749. United States Supreme Court, June 29, 2006. In Hamdan v. Rumsfeld , the U.S. Supreme Court found that the military commissions established by President George W. Bush were unauthorized by law and inconsistent with both the Uniform Code of Military Justice (UCMJ) and the 1949 Geneva Conventions. Rejecting jurisdictional challenges to its resolving the legality of the tribunals, the Court found the military commi…
Case No. 1231 [2003]
Case No. 1231 [2003]. 1416 Saibansho JIHŌ 6. At http://www.courts.go.jp >. Saikō Saibansho (Supreme Court of Japan), July 21, 2006. In a decision issued on July 21, 2006, a five-justice panel of the Supreme Court of Japan effectively overturned seventy-eight years of Japanese jurisprudence on foreign sovereign immunity. The holding in Case No. 1231 [2003] serves to limit the ability of foreign governmenrs to claim immunity from the civil jurisdic…
Jones v. Ministry of Interior of the Kingdom of Saudi Arabia
Jones v. Ministry of Interior of the Kingdom of Saudi Arabia. Case No. [2006] UKHL 26. At http://www.publications.parliament.uk/pa/ld/ldjudgmt.htm >. House of Lords, June 14, 2006. The House of Lords handed down judgment in Jones v. Ministry of Interior of the Kingdom of Saudi Arabia on June 14, 2006. The case concerns an action in damages brought by Jones and three other applicants, all UK citizens, falsely accused of involvement in bombings in …
International Criminal Tribunal for Rwanda—genocide—conspiracy to commit genocide—complicity in genocide—mens rea—judicial notice
Prosecutor v. Karemera, Ngirumpatse, & Nzirorera. Case No. ICTR-98-44-AR73(C). Decision on Prosecutor's Interlocutory Appeal of Decision on Judicial Notice. At . International Criminal Tribunal for Rwanda, Appeals Chamber, June 16, 2006. In an interlocutory appeal in Prosecutor v. Karemera , the appeals chamber of the International Criminal Tribunal for Rwanda (ICTR) held that the commission of genocide against the Tutsis in 1994 is a “fact of co…
ICJ—prohibition against the use of force—self-defense under Article 51 of the UN Charter—duty of vigilance—IHR and IHL under belligerent occupation
Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda). At http://www.icj-cij.org >. International Court of Justice, December 19, 2005. In its December 19, 2005, judgment in Armed Activities on the Territory of the Congo v. Uganda (Democratic Republic of the Congo v. Uganda), the International Court of Justice (ICJ) found Uganda to have engaged in grave violations of the prohibition on the use of force and of …
Barbados/Trinidad and Tobago. Award on Jurisdiction and Merits
Barbados/Trinidad and Tobago. Award on Jurisdiction and Merits. At http://www.pca-cpa.org/ENGLISH/RPC/ >, available at 45 ILM 800 (2006). UN Convention on the Law of the Sea Annex VII Arbitral Tribunal, April 11, 2006. The dispute addressed in the Barbados/Trinidad and Tobago arbitration emerged during nine rounds of negotiations concerning delimitation of die maritime boundary in the western, central, and eastern sectors of their overlapping cla…
Cooperation with international tribunals—binding orders directed at states and international organizations—intelligence information—national security interests—disclosure to defendants—fair trails
Prosecutor v. Milutinović et al., Case No. IT-05-87-AR108 bis .2, Decision on Request of the United States of America for Review. Prosecutor v. Milutinović et al., Case No. IT-05-87-AR108 bis .l, Decision on Request of the North Atlantic Treaty Organisation for Review. International Criminal Tribunal for the Former Yugoslavia, Appeals Chamber, May 12 and May 15, 2006, respectively. In May 2006, the appeals chamber of the International Criminal Tr…
European Communities —Measures Affecting the Approval and Marketing of Biotech Products. WT/DS291/R, WT/DS292/R, & WT/DS293/R
European Communities—Measures Affecting the Approval and Marketing of Biotech Products. WT/DS291/R, WT/DS292/R, & WT/DS293/R. At http://www.wto.org/english/tratop_e/dispu_e/dispu_status_e.htm >. World Trade Organization Panel, September 29, 2006 (adopted November 21, 2006). In what was by far the longest panel report in the World Trade Organization’s history, a WTO panel ruled last September that various parts of the European Communities’ regulat…
The Copenhagen Climate Change Conference
This short piece analyzes the background and content of the Copenhagen Accord on climate change, which was agreed to last December by leaders of roughly 25 countries, including all of the world's major economies. Although the Copenhagen Accord is a political rather than a legal instrument and has been criticized by some as inadequate or worse, it represents a potentially significant breakthrough. On one side, developed countries agreed to put sig…
Transnationalism, Unilateralism and International Law
When we speak of transnational environmental law and legal process, we are concerned with the migration and impact of legal norms, rules and models across borders. Such migration can occur through the mediation of international law and institutions, or through the impact of unilateral legal developments in one jurisdiction that affect behaviour in others. The paper discusses the importance of assessing transnational environmental law in light of …
Does Custom Have A Source
Customary international law often seems like a riddle wrapped in a mystery inside an enigma. According to Manley O. Hudson, even the drafters of the International Court of Justice Statute "had no very clear idea as to what constituted international custom." The situation has not changed much since then.I got my first taste of the difficulties in identifying custom when I was a junior attorney at the U.S. Department of State and was assigned the t…
Should we Care what the Pope Says About Climate Change
The brokerage firm, E.F. Hutton, used to have a tagline that went, “When E.F. Hutton speaks, people listen.” On climate change, the Pope has spoken, but will people listen? And should they? The first question is empirical; the second, normative. The papal encyclical, Laudato Si’ , was released in May 2015 to much acclaim. It is an extraordinarily wideranging document. Although I will focus, in particular, on its discussion of climate change, it i…
Legal Realism and its Discontents
This article provides a brief overview of legal realism and sketches out its implications for international law, using international environmental law as an example. Although the ‘new’ legal realism is not especially new, its anti-formalist, pragmatic perspective still offers important insights about the international legal process, and serves as a useful counterpoint to a new variety of formalism, which continues to resist the social scientific …
The Paris Climate Change Agreement
Know your limits. This familiar adage is not an inspirational rallying cry or a recipe for bold action. It serves better as the motto for the tortoise than the hare. But, after many false starts over the past twenty years, states were well advised to heed it when negotiating the Paris Agreement. While it is still far too early to say whether the Agreement will be a success, its comparatively modest approach provides a firmer foundation on which t…
Overlooked ocean strategies to address climate change
The Paris Rulebook
This article discusses the importance of the recently concluded Paris Rulebook, the extent to which it limits national discretion, instils discipline and generates ambition and accountability, and the challenges that lie ahead in implementing the 2015 Paris Agreement. It discusses, in particular, the rules on mitigation, transparency, the global stocktake and the implementation and compliance mechanism, in order to highlight the choices Parties m…
Climate Change
After four years of not simply inaction but significant retrogression in U.S. climate change policy, the Biden administration has its work cut out. As a start, it needs to undo what Trump did. The Biden administration took a step in that direction on Day 1 by rejoining the Paris Agreement. But simply restoring the pre-Trump status quo ante is not enough. The United States also needs to push for more ambitious global action. In part, this will req…
Political science (26 obras) · Law (22 obras) · Law (18 obras) · International law (11 obras) · International Law and Human Rights (9 obras) · Politics (8 obras) · Business (7 obras) · Climate change (6 obras) · Sociology (6 obras) · Economic Justice (5 obras)