This article reviews the international law aimed at controlling traditional air pollution as well as the efforts to address climate change. It covers transboundary air pollution litigation and the treaties dealing with conventional and toxic air pollutants. It discusses the Montreal Protocol and...

The battle against climate change and its impacts in the United States must be waged on many fronts and requires many weapons. Until the federal government provides a comprehensive and mandatory legislative response to the climate change problem, gap-filling efforts such as regional, state, and...

In its ideal form, arbitrariness review is an instrument for promoting “deliberative democracy” – a system that combines reason-giving with political accountability. Under arbitrariness review in its current form, courts tend to embrace the “hard look doctrine,” which has a procedural...

This article assesses the prospects for liable entities under Australia’s proposed Carbon Pollution Reduction Scheme (CPRS) to rely on international and domestic offset credits. This is crucially important for liable entities as, under the CPRS, they must surrender a permit for every tonne of...

The inclusion of emissions trading in the Kyoto Protocol reflects an important decision to address climate change issues through flexible market mechanisms. This Article addresses a number of policy issues that must be considered in designing and implementing an international greenhouse gases...

Three international regimes are relevant to the regulation of greenhouse gas emissions from maritime transport: (1) the UN climate change regime; (2) the International Maritime Organization; and (3) the UN Law of the Sea Convention (UNCLOS). This essays surveys the three regimes and their...

This paper discusses the UN and EU regulations on the climate change in regard to CO2 emission in a perspective of the “Tragedy of the Commons”. The paper presents the objectives of the Rio Convention UNDCCC, the Kyoto Protocol, the Paris Agreement and the EU CO2 trading system. The main...