A central issue in environmental law is the choice among regulatory instruments. From Pigou to Coase to the present, scholars have debated the relative merits of liability rules, property rules, technology standards, taxes, subsidies, and tradeable allowances. An emerging scholarly consensus in...

This article explains the basic elements of climate change law, with a particular focus on those issues that promise to be important for a considerable time as well as the major factors that are driving the development of this law. The emerging law of climate change is being constructed at the...

The working paper concerns the EU-China Comprehensive Agreement on Investment (CAI) and its climate provision. It addresses the “When”, “Where”, and “How”. The “When” concerns when the CAI may enter into force. The paper provides an overview of some of the current issues that may...

Since the 1972 Stockholm Conference on the Human Environment, ecological pressures on our planet have grown more acute. Yet, modern environmental law has also continued to evolve and spread within international as well as among national legal systems. With the paths of international and national...

In submitting disputes over environmental harms to an international court or tribunal, the parties to the conflict seek a workable remedy for the issue(s) that triggered the action. Environmental disputes are a relatively recent class of cases that have been litigated in international courts....

This background paper to the Climate Legacy Initiative project assesses whether existing international environmental law is adequate to address the challenge of global climate change. It considers both current treaty rules governing climate change and customary principles of international...

The basic measure of natural resource damages in USA environmental liability statutes is the cost of restoring the injured resources, plus compensation for the interim loss of resources from the time of injury until their full recovery. In contrast, until 1996, the international Convention...

This chapter reviews the current status of and prospects for efforts to include emissions from deforestation (and international forest carbon activities in general) in emerging greenhouse gas compliance regimes at the international level; future iterations of the European Union Emissions Trading...

Environmental justice is a notion coined in the U.S. in an attempt to protect the environments of minorities whose neighbourhoods had been used to store hazardous waste. Attempts have been made to evolve this concept on a global scale to protect the environments of periphery nations around the...