Property rights hold a central place in our Constitutional design and provide the foundation for America's market economy. Admiration of private property has not been universal, however. Some environmental scholars and policymakers have been particularly critical of classical liberal conceptions...

We describe a simple mechanism for achieving two goals: (1) to encourage firms to take environmentally friendly action, and (2) to make environmental protection regime-proof. We assert that there is wide evidence now that firms adopting an environmental management system (EMS) like ISO 14001...

What are the best climate change tax policies for governments with relatively small open economies such as the Canadian one? This chapter assesses recent Canadian government climate change tax policy initiatives, discusses the merits of carbon taxes versus cap and trade solutions then considers...

International investment agreements define State commitments on investment protection, but also shed light on how these commitments are to be integrated with other public policy objectives. Investment protection in the context of environmental regulation has been a frequent source of controversy...

Should the entire Antarctic continent and the surrounding islands be recognised as a ‘protected area' or as a continent where certain areas, just like anywhere else, may be designated as protected areas? To find an answer to this question, this paper first discusses the most important...

If law were to reorient our analytical framework so that each decision were to include, to the greatest extent possible, adverse environmental consequences, we could institutionalize a process of making sound ecosystem management decisions. One law that was supposedly designed to break...

TABLE OF CONTENTSIntroduction 192I. Cleaning Up Contaminated Sites 200A. Program Accomplishments 205B. NPL Listings/Deletions 206C. Construction Complete 209D. Government Performance Results Act Measures 210E. Removal Actions 212II. Paying for Cleanup: Taxes and Liability 213A. Superfund Trust...

More than half a century ago, Rudolph Schlesinger announced a global survey of legal principles in the pages of the American Journal of International Law. The project's objective was the identification of a “common core” of legal norms among the family of nations and the ultimate goal the...

We (as humans subject to climate change) have been unsuccessful at using law to address climate change. Our use of law to engage individuals, industry, and states in climate mitigation has appeared as a drip rather than the flood that is needed. Climate adaptation efforts have likewise been...