Trade & Economic Law

Monday, December 14 – The climate negotiations ground to a halt for much of today, as negotiators debated the organization of work for the second and final week of the meeting. The ostensible cause of the breakdown was concern among (some?) developing countries that the Kyoto Protocol (KP) track in the negotiations is moving more slowly, and getting less...

For too many years American climate change debates were political contests in which scientific evidence took a back seat to political posturing, obfuscation, and ultimately, inaction. Today, the science demonstrating that our world is warming and that humans are a primary cause of this warming is unambiguous. Though there remain a few public voices willing to deny the...

Here in Copenhagen, agreeing on some principles of climate finance, at least in very basic form, is at last becoming a priority. Last week, after announcing EU money for a climate change fast start fund, German Chancellor Angela Merkel acknowledged that developing countries would only enter into a climate agreement if sufficient money was committed by developed countries: “This is...

[As noted earlier, Professor Dan Bodansky is continuing his dispatches on the climate change talks.  He is in Copenhagen this week and next, and sends us this initial letter.  OJ will be providing additional commentary on the climate change talks -- from the conference, and from other academic commentators -- over the next week. Dan's letter is being cross-posted at...

Der Spiegel has an excellent story on the possibility that a Eurozone country might default on its sovereign debt, with economic, political, and legal consequences that could be anything from serious to dire.  The country is Greece: Greece has already accumulated a mountain of debt that will be difficult if not impossible to pay off. The government has borrowed more than...

The Guardian has a leaked copy of what it's calling "the Danish text" (see it here).  Apparently, this draft was developed by the Danes along with other developed countries including the United States and the United Kingdom in the hope that it might become the basis for whatever instrument emerges from Copenhagen.  As widely expected, the instrument is framed as a "political agreement"...

The just-released CFR web publication "Public Opinion on Global Issues" offers one-stop shopping for those looking for public opinion surveys across a range of transnational policy issues.  The overview explains how CFR and the Univ. of Maryland consolidated all publicly available opinion polls and provides a few significant findings: The international community confronts a daunting array of transnational threats and challenges...

My former colleague, current friend, and somewhat-regular OJ contributor Dan Bodansky has published The Art and Craft of International Environmental Law.  Here is Harvard University Press's description of the book: International environmental law is often closer to home than we know, affecting the food we eat, the products we buy, and even the air we breathe. Drawing on more than two...

The Fifth Circuit earlier this month issued a highly unusual decision addressing whether state law could "reverse preempt" the New York Convention. As any student of international arbitration knows, state law occasionally attempts to limit the enforceability of arbitration agreements. Such a policy is preempted by the New York Convention as implemented by the Federal Arbitration Act. ...

[Daniel Bodansky, University of Georgia School of Law and OJ guest blogger, sends this second dispatch on the state of the Climate Change talks leading up to the Copenhagen Conference. Professor Bodansky will also be blogging from Copenhagen here at Opinio Juris in December.] This week, the chair of the negotiations and the executive secretary of the UN climate change...

[Daniel Bodansky, University of Georgia School of Law and OJ guest blogger, sends this dispatch on the state of the Climate Change talks leading up to the Copenhagen Conference.  Professor Bodansky will also be blogging from Copenhagen here at Opinio Juris in December.] Barcelona, 4 November 2009 The UN climate change negotiations resumed on Monday in Barcelona, after only a three week...