The Montreal Protocol Multilateral Fund: A Model for the Framework Convention on Climate Change, 16 International Environmental Report, 6 (1993) (Goldberg) (Available from the Bureau of National Affairs) [CC93-4]

At the just concluded seventh session of the Intergovernmental Negotiating Committee for a Framework Convention on Climate Change, delegates for the first time took up the details of the financial mechanism called for in Article 11 of the Convention. While little progress was made in elaborating these details, certain preferences were clear: Developed countries want … Read More.

Protecting Sensitive Aquatic Habitats in the Gulf of Aqaba, in Protecting the Gulf of Aqaba: A Regional Environmental Challenge (Environmental Law Institute, 1993) (Hewison & Oran) [CC93-6]

The Gulf of Aqaba contains a variety of outstanding and unique sensitive aquatic habitats, including extensive rocky outcroppings, shallow coastal lagoons, mangrove thickets, and world-renowned coral reefs. Each of these habitats in turn supports a multitude of species. When marine protected areas (MPAs) were created in the past, the founders often failed to comprehend how … Read More.

Reducing Greenhouse Gas Emissions: A Combined Strategy Using Fees, Permits, and Country Commitments, 3 Duke Environmental Law & Policy Forum (1993) (Goldberg) [CC93-7]

This article proposes a strategy for reducing greenhouse gas (GHG) emissions in industrial countries, limiting the growth of emissions in developing countries, and reducing or eliminating deforestation. By combining the most useful elements of country commitments, international emissions fees, and international marketable permits, these three goals may be achieved. Part I of this article describes … Read More.

Freedom for the Seas in the Twenty-first Century: Ocean Governance and Environmental Harmony (Island Press, 1993) (Van Dyke, Zaelke & Hewison, eds.) (Co-Winner of the 1994 Sprout Award for best book on international environmental affairs) [Available from Island Press]

Seas, oceans, biodiversity, unsustainable development, investment law, unsustainable investment, trade, fish, fishing, fisheries, biodiversity, ecosystems, habitats, living resources, wildlife, fisheries, forests, conservation, species, endangered species, Convention on International Trade in Endangered Species of Wild Fauna and Flora, CITES, mahogany,

Environmental and Economic Policies Affecting United States Competitiveness, Testimony of the Center for International Environmental Law before the Senate Committee on Commerce, Science and Transportation (May 18, 1993) (Housman) [TE93-3]

The topic of today’s hearing-issues affecting United States competitiveness in a global economy-is a most timely one. Consider that the Clinton Administration has recently requested an extension of fast-track negotiating authority to complete the Uruguay Round of the General Agreement on Tariffs and Trade (GATT), and that the United States is also involved in negotiations … Read More.

New Diplomacy for the Biodiversity Trade: Biodiversity, Biotechnology, and Intellectual Property in the Convention on Biological Diversity, 4 Touro Journal of Transnational Law 1 (1993) (Downes) [BW93-1]

Negotiations on the Convention on Biological Diversity signed by over 150 nations in Rio de Janeiro in June 1992 often revolved around the allocation of perceived economic benefits from biotechnological exploitation of biodiversity, sometimes to the neglect of the overall agenda of conservation of nature. The debate centered on what can be called the international … Read More.

As the World Burns: Negotiating the Framework Convention on Climate Change, 5 Georgetown International Environmental Law Review 2 (1993) (Goldberg) [CC93-1]

  Of all the items on the Earth Summit agenda, none has received more public attention than global warming. Many scientists and policymakers believe that, with the possible exception of loss of the ozone layer, no environmental threat has ever had such serious implications for our planet. The world community has responded to scientists’ dire … Read More.

The Global Environment Facility: Green Fund or Green Folly? (1993) (Goldberg)

In recognition of the need for new financial resources to be brought to bear to meet such global environmental threats as global warming, ozone depletion, loss of biodiversity, and pollution of international waters, the French government, with the support of Germany, proposed a Global Environmental Facility (GEF) in September 1989. In November 1990 the GEF … Read More.

Enforcement of Environmental Laws Under a Supplemental Agreement to the North American Free Trade Agreement, 5 Georgetown International Environmental Law Review 593 (1993) (Housman & Orbuch) [TE93-4]

Enforcement of environmental laws is one of the key issues in the debate over the relationship between trade and environment in the North American Free Trade Agreement (NAFTA). Without uniformly strong enforcement in all three NAFTA nations, there is the potential for increased migration of “dirty” industries to nations with lax enforcement, and for increased … Read More.

Integrating Labor and Environmental Concerns Into the North American Free Trade Agreement: A Look Back and a Look Ahead, (CIEL, 1993) (Housman & Orbuch)

The central obligation of international trade law is non-discrimination. For example, under the General Agreement on Tariffs and Trade, commonly known as the GATT, nations are required to treat foreign products as favorably as they treat domestic products.  Article 24 of the GATT, however, allows nations who have formed free trade areas to favor the … Read More.

Interbasin Water Transfers After NAFTA (1993) (Hunter & Orbuch)

As demand for fresh water escalates in the southwestern United States and Mexico, Canada’s water resources may be drained, if proponents of interbasin water transfers have their way. Continent-wide water transfer proposals, initiated by engineers in the 1960s, are being revisited as possible solutions to water scarcity in the desert southwest. Continuing development in the … Read More.

Making Trade and Environmental Policies Mutually Reinforcing: Forging Competitive Sustainability, (1993) (Housman & Zaelke)

Former U.S. Ambassador to the General Agreement on Tariffs & Trade Michael Smith astutely noted that the environment is the trade issue of the 1990s, and that, unless a considered solution is developed to allow constructive interaction between trade and the environment, each of these vital policy spheres may find themselves compromised. Put in “Smithese,” … Read More.

Open Borders, Broken Promises, Privatization and Foreign Investment: Protecting the Environment Through Contractual Clauses (Greenpeace, 1993) (Hunter and Downes) [EU93-1]

Foreign investment is of enormous potential benefit toa counny Iike ·Poland, which has insufficient domestic capital to finance its needs. Foreign banks and corporations can provide capital for improving infrastructure (transport systems. communications. industrial plant. and so on), establishing clean production facilities. providing employment and protecting the environment. However, foreign investtnent also carries the risk … Read More.

Concepts and Principles of International Environmental Law: An Introduction (United Nations Environmental Programme, 1993) (Hunter, Sommer & Vaughan) [EL93-1]

This paper identifies and introduces the emerging principles, standards and other forms of soft law that form an increasingly comprehensive set of principles for guiding international society toward sustainable development. Although states may currently differ on the legal status of specific principles discussed in this paper (i.e., whether a principle is on the continuum of … Read More.

An Earth Parliament for Indigenous People: Investigating Alternative World Governance, 4 Col. Journal of International Environmental Law & Policy 197 (1993) (Wold) [IP93-1]

The problems facing the indigenous peoples of the world today are tied to domestic and international politics, as well as to the often conflicting hopes and desires of the indigenous peoples themselves. On the first day of the Global Forum, the unofficial summit of nongovernmental organizations (NGOs) held parallel to the United Nations Conference on … Read More.

Provisions of the Montreal Protocol Affecting Trade

The Montreal Protocol on Substances That Deplete the Ozone Layer1 provides for the phase-out, by the year 2000, of CFCs and other chemicals damaging to the ozone layer.2 These chemicals are widely used in a number of industries–as refrigerants, solvents, foam blowing substances, aerosols, and fire extinguishers. The phaseout of these substances has serious trade … Read More.

Promoting Sustainable Development and Democracy in Central and Eastern Europe: The Role of the European Bank for Reconstruction and Development, (1992) (Wold & Zaelke)

To bankroll the rebirth of Central and Eastern Europe, forty countries and two European Community institutions joined together on May 29, 1990, to create the European Bank for Reconstruction and Development (the Bank or EBRD). The parties envisioned the Bank as playing a decisive role in solving three major problems that have relegated Central and … Read More.

Establishing an Independent Review Board at the European Bank for Reconstruction and Development: A Model for Improving MDB Decision-making, 2 Duke Environmental Law & Policy Forum 59 (1992) (Wold & Zaelke) [IF92-2]

The European Bank for Reconstruction and Development (“EBRD”l was created in 1990 by multilateral agreement for the nations of Central and Eastern Europe, to ease the transition from centrally dominated economies to private market systems. As the newest multilateral development bank (“MOB”), the EBRD presents a great opportunity to challenge existing lending practices of MOBs … Read More.

Trade, Environment, and Sustainable Development: A Primer, 15 Hastings International & Comparative Law Review 535 (1992) (Housman & Zaelke) [TE92-1]

Even with the most optimistic projections of technological advancement, current growth trends in population and the economy almost certainly cannot be sustained. Still more troubling is that the scale of today’s development already appears to be overextending the ecosystem that sustains us all. “Further growth beyond the present scale,” according to World Bank senior economist … Read More.

A Kantian Approach to Trade and the Environment, 49 Washington & Law Law Review 1373 (1992) (Housman) [TE92-3]

At the outset let me note that I am delighted to see someone of Professor Richard Stewart’s caliber taking aim at the trade and the environment debate. Professor Stewart’s article entitled International Trade and Environment: Lessons From the Federal Experience presents an interesting and informative discussion of how legal principles developed in the federal-type systems … Read More.

Sustainable Development (Patent Pending): International Issues in Intellectual Property Rights and Their Environmental Impact (1992) (Heller) [TE92-4]

One of the most contentious issues at the UN Conference on Environment and Development was the Convention on the Protection of Biological Diversity. The goal of the Convention is to foster protection of biological resources, particularly· those found in tropical forests. Plants, animals, and derivatives of plants and animals are to be preserved, with particular … Read More.

A Survey of United States Laws Restricting the Export of Controlled and Hazardous Substances (1992) (Goldberg) [TE92-5]

This paper describes the United States legal and regulatory regimes for the export of various controlled and hazardous substances, including drugs, pesticides, chemicals, radioactive materials, and hazardous wastes. These substances are controlled by a variety of statutes: drugs by the Food, Drug, and Cosmetic Act (FDCA), pesticides by the Federal Insecticide, Fungicide, and Rodenticide Act … Read More.

Frictions Between International Trade Agreements and Environmental Protections (The Greening of World Trade, 1992) (Zaelke, Housman & Stanley) [TE92-6]

The underlying goal of free trade policy is to allow markets to allocate resources to their most efficient uses, while the general goal of environmental policy is to manage efficiently and maintain the earth’s resources. Where the same resources are the subject of both trade efforts to allocate and environmental efforts to manage efficiently and … Read More.

Sustainable Living: Seeking Instructions for the Future: Indigenous People’s Traditions and Environmental Protection, 3 Touro Journal of Transnational Law 141 (1992) (Housman)

As shrinking resource reserves require industrialization to push deeper into areas that have in the past been insulated from development, all around the world the last remaining indigenous societies are falling prey. Confronted with this human tragedy, environmentalists are finally taking action, joining the ranks of the human rights advocates who have been struggling to … Read More.

The Muted Voice: Women and Sustainable Development, (1992) (Housman)

Women make up about half of the world’s population1 and contribute over two-thirds of all the labor hours worked by the human race. Throughout the world, women are the primary providers of child care, as well as suppliers for themselves and their families of many of the necessities for day to day life. Increasingly, women … Read More.

Toward Global Citizenship in International Environmental Law, 28 Willamette Law Review 3 (1992) (Hunter) [IP92-3]

This essay briefly explores some of the current trends in international society with an eye towards developing a sense of global citizenship–of environmental rights and responsibilities. Part II of the essay discusses the apparent inability of the international legal system to respond adequately to global environmental challenges. Part III suggests that the failure of the … Read More.

Environmental Reforms in Post-Communist Central Europe: From High Hopes to Hard Reality, 13 Michigan Journal of International Law 921 (1992) (Hunter & Bowman) [EU92-1]

The revolutions that swept through Central and Eastern Europe2 in 1989 and 1990 opened the Iron Curtain only to reveal a devastating environmental legacy — a legacy left from forty years of an authoritarian, centrally planned political and economic system. By now, the details of the environmental situation in Central and Eastern Europe have been … Read More.

Sustainable Development and the European Bank for Reconstruction and Development (March 1991)

The economic policies of the former Central and Eastern European countries serve as a stark reminder that environmental protection cannot be sacrificed (or severely degraded) for immediate economic goals. Unemployment in many regions is the direct result of factory closings initiated because they could not operate efficiently without massive government subsidies. Estimates of health care … Read More.

Provisions of the Montreal Protocol Affecting Trade (January 1991)

The Montreal Protocol on Substances That Deplete the Ozone Layer1 provides for the phase-out, by the year 2000, of CFCs and other chemicals damaging to the ozone layer.2 These chemicals are widely used in a number of industries–as refrigerants, solvents, foam blowing substances, aerosols, and fire extinguishers. The phaseout of these substances has serious trade … Read More.

Global Warming and Climate Change: An Overview of the International Legal Process, 5 American University Journal of International Law & Policy 249 (Winter 1990) (Zaelke & Cameron); reprinted in 22 Land Use & Environmental Law Review (1991); reprinted in Italian in Futuro Sostenible: Effetto Serra 36 (1991) [CC91-1]

Climate, climate change, two degrees, global warming, fossil fuel, emissions, mitigation, energy, energy efficiency, clean energy, dirty energy, climate change denialism, climate change liability, climate change responsibility, climate impacts, emissions, CO2 emissions, greenhouse gas, greenhouse gasses, GHG, industrial greenhouse gas emissions, pollution, anthropocene, renewable energy, displacement, deforestation, arctic, arctic peoples, sea-level rise, inundation, island, island … Read More.

Technological Cooperation and the Montreal Protocol Multilateral Fund, with Technological Cooperation and the Global Environment Facility (1991) (Goldberg) [CC91-2]

In September 1987 the Montreal Protocol on Substances That Deplete the Ozone Layer was signed. The Protocol provided for the partial phaseout of substances which deplete the ozone layer, the Earth’s essential ultraviolet radiation filter. In June 1990, prompted by a growing awareness that a partial phaseout would not be adequate, the parties agreed to … Read More.

Legal Responses to the Philippine Deforestation Crisis, 20 Journal of International Law and Politics, New York University (1988) (Lynch) [LC88-1]

protecting, rights-based approach, United Nations Declaration on the Rights of Indigenous Peoples, UNDRIP, Forest Defender, redress mechanism, safeguards, non-carbon benefits, resources rights, land rights, community rights, indigenous rights, forest dependent, forest, people, ecosystems, protecting forest people & ecosystems, protecting forest people and ecosystems, indigenous peoples, forest peoples, forest ecosystems, sustainable development, livelihoods, mitigation, forest conservation, … Read More.

Indigenous Rights in Insular Southeast Asia, in Ruth Tasswell, ed., Southeast Asian Tribal Groups and Ethnic Minorities: Prospects for the Eighties and Beyond (Cambridge, MA: Cultural Survival, 1987) (Lynch) [LC87-1]

Environmental democracy, access rights, Principle 10, Rio Declaration on Environment and Development, right to information, right to consultation, consultation, consent, decision-making, right to remedy, right to redress, Free Prior and Informed Consent FPIC, community rights, resilient, communities, resilient communities, adaptation, mitigation, relocation, rising sea levels, sea level rise, arctic, melting ice, melting permafrost, underwater, cultural … Read More.