Search: Affective Justice: Book Symposium: A Response

...& Policy symposium organized by Dan Mandelker and Dan Tarlock on New Directions in Environmental Law. The symposium explored how U.S. environmental regulation should develop through paired presentations on the history of major statutes and possibilities for the future. One thing that struck me throughout the dialogue was the complex interplay of science, scale, and law taking place in each of these substantive contexts. I think that we can learn from the experiments in horizontal, vertical, and diagonal governance that these statutes create—both in the provisions themselves and in the...

[Daniel Bodansky is a Professor at the University of Georgia Law School] In the international climate change negotiations, new ideas are a scarce commodity. After almost twenty years of intensive work, most of the low-hanging fruit have already been plucked, and progress tends to be more incremental – a refinement to the possible types of emissions targets here, a new variation on a financing scheme there – these are the focus of attention. So Nigel Purvis’s proposal to enact US Climate Protection Authority legislation is no small achievement....

Until this summer, Brigid Laffan was director and professor at the Robert Schuman Centre for Advanced Studies and director of the Global Governance Programme at the European University Institute (EUI), Florence, where she has worked since 20‌13. In 20‌18, Politico ranked Laffan, a long time professor of political science who grew up in Ireland, among the women who shape Europe. Laffan is a leading thinker on the dynamic of European integration. She has published a number of important books on Europe, such as Integration and Co-operation in Europe (19‌92), The...

[Nathan Sayre is Assistant Professor in the Department of Geography at the University of California at Berkeley] I join J.B. Ruhl in applauding Hari Osofsky’s effort to bring geographical and legal scholarship into a constructive dialogue to address climate change. Her analysis draws important empirical and theoretical lessons from two case studies by illuminating the complex role of litigation in driving processes of regulatory rescaling—a critical role given the unprecedented and urgent challenges that global warming poses to existing legal and institutional frameworks. To meet these challenges, society—at...

[Thomas G Weiss is a Presidential Professor of Political Science at The CUNY Graduate Center and Director of the Ralph Bunche Institute for International Studies] This post is part of the MJIL 13(1) Symposium. Other posts in this series can be found in the related posts below. Professor Spencer Zifcak’s article on the international reactions to Libya and Syria is thorough and thoughtful, and well worth reading for the treasure trove of documentation. But I was frankly surprised by his unsurprising conclusion that ‘judgments as to whether and when to...

...result in a lowering of regulatory standards, exposing the host jurisdiction to little additional threat of systemic risk, fraud or other regulatory failures. The problem is that developing metrics of comparability is difficult, and efforts to date have been ad hoc. Such determinations require an analysis that go beyond examining what rules are “on the books” to the effectiveness of the regulator in promoting compliance with such rules (see, e.g., the literature on enforcement intensity) and the relative sophistication of affected market participants. Until we develop a better understanding of...

[Steven Groves is a Bernard and Barbara Lomas Fellow at The Heritage Foundation in Washington D.C.] Many thanks to Julian Ku for inviting me to participate in this UNCLOS debate on one of my favorite websites. There is much I agree with in the posts of Professors Kraska, Noyes, and Allen. Professor Kraska correctly emphasizes the victory achieved by U.S. negotiators at UNCLOS III in regard to codifying navigational regimes, particular the regime of transit passage through international straits. Transit passage, along with archipelagic sea-lanes passage and the...

[Naz Modirzadeh is a Senior Fellow at Counterterrorism and Humanitarian Engagement Project at Harvard Law School. This post is written in her personal capacity and does not represent the views of the CHE Project] There is no shortage of profound questions arising out of the armed conflict in Syria. Yet whether the reported United Nations legal analysis concluding that the UN needs the consent of the Syrian authorities before it can undertake humanitarian relief actions on Syrian territory is not one of them. As international law questions go,...

into global responses (through the 2022 UN General Assembly recognition of a right to a healthy environment for example). However, achieving climate justice will require an evolution of current climate policy perspectives to ensure LGBTQ people are accommodated in the climate response. This could involve the allocation of resources specifically for the LGBTQ community, monitoring of the LGBTQ rights situation in countries affected by climate change, and consultations with local LGBTQ representatives (where possible) to enshrine legal and economic protections for the community during climate mitigation and adaptation efforts. Whatever...

[Professor Brian Cheffins is the S.J. Berwin Professor of Corporate Law at the University of Cambridge Faculty of Law] As Prof. Bruner points out in his insightful Article, in the literature on comparative corporate governance, there is a tendency to treat the United States and the United Kingdom as being very similar across key dimensions. He shows convincingly that in fact there are key differences between corporate governance in the two countries, focusing in particular on greater “shareholder-centrism” in British public companies in comparison to their U.S. counterparts....

put in practice. The emerging new economic governance architecture appears to ascribe a much more central role to supranational institutions like the European Commission and the European Court of Justice in monitoring and enforcing fiscal discipline. The adoption of the ‘six pack’ of legislative measures plays with the metaphor of a more muscular response at EU level in ways that places emphasis not only on the role of the Commission as the initiator of legislative responses but also the alliance between the Commission and the European Parliament in toughening up...

...for Governments to already have contacts and collaborations with cultural actors so that avenues for dialogue are already in place before crises arise. In fact, States are obliged by international law to consult with community actors regarding health goods, facilities, and services. Rather than thinking only about law and policy to implement rights and crisis response measures, States need to also use the rich cultural resources and assets available. In this way my argument is for response measures to go beyond both the law as well as the State, with...