“Extreme” weather has become the new normal. What were previously considered to be inexplicable and unpredictable “acts of God” can no longer reasonably be said to be so. They are acts of man. The established doctrine of contractual impracticability rests on the notion that a party may...

There is growing presumption that central banks have a significant role to play in addressing environmental challenges, especially climate change. This article explains, on the basis of both theoretical and empirical evidence, that attempting to use existing central bank powers to tackle climate...

Climate change challenges the resiliency and integrity of social and legal systems worldwide. Responding to climate change requires us to think systematically – and ambitiously – about how to engage the rule of law as a tool in efforts to limit the causes and consequences of climate change....

This article discusses the consequences of changing taxes and tariffs as tools to move towards a low carbon economy, in the context of international efforts to minimize the effects of climate change. This article argues that under the current regime, the domestic producers of the countries...

This paper identifies some of the problems of ensuring protection of the climate as well as fair competition in World Trade Organization antidumping law. A product is dumped when the export price is lower than the price charged by the exporter on the domestic market. If the dumped prices cause...

The European Union (EU) is a self-conscious leader in the ‘fight’ against climate change and an active proponent of an ambitious global climate regime. Nonetheless, to a significant degree its efforts have been in vain. A global agreement to extend or replace the Kyoto Protocol has not been...

The EU is engaged in an ambitious, controversial, and high-stakes experiment to extend the reach of its climate change law. It is seeking to use its market power to stimulate climate action, and to substitute for climate inaction, elsewhere. This is most apparent in relation to the EU’s...

The amount of greenhouse gas emissions and consequent climate changes and social responses will depend substantially upon the rapid development and widespread dissemination of a wide variety of new mitigation and adaptation technologies. The international approach adopted by the UN Framework...

Most of the oil wells in Nigeria are accompanied by a raging flame that burns twenty-four hours a day, reaching hundreds of feet into the sky, killing the surrounding vegetation with searing heat, emitting a deafening roar, and belching a cocktail of smoke, soot, and toxic chemicals into the air...

This article explains why policy makers should seriously consider substantial early reductions in greenhouse gas emissions as a part of any post-Kyoto framework, and sets out suggested elements of a framework for early action in a post-Kyoto agreement. Substantial early reductions are needed...