The theme of Berkeley Law’s September 2018 Symposium honoring the memory of Professor David Caron was “The Elegance of International Law.” This intriguing theme was taken from David’s opening address, entitled “Confronting Complexity, Valuing Elegance,” at the Annual Meeting of the American Society of International Law in April 2012.1 His address opens with an analysis, drawing on a daunting array of sources and disciplines, probing the challenging notion of complexity. David then turns to examining the rule of elegance in devising solutions to complex problems. His reflections conclude with an admonition that “we should distrust complex solutions to complex problems and seek instead those that are elegant.”2 Good lawyers have an intuitive sense of what David was talking about. They know that some examples of legal craftsmanship—analysis, writing, advocacy, or combinations of the three—have an intangible characteristic that sets them apart. These pieces of lawyering seem to render complicated matters simple. They impose structure and clarity upon what seem to be jumbles of facts and arguments. They somehow have the aura of being obvious, compelling, even graceful. They explain. The good lawyers, assessing these characteristics of clarity, grace, and simplicity and searching for a word to describe them, might conclude that they are elegant. But, to borrow from Cole Porter,3 what is this thing called elegance? And what does it have to do with international law? It’s a complicated question. “A list of elegant things, like a list of obscene things, includes not a single trait in common across its members.”4 However, as good international lawyers, we can
{"title":"Finding Elegance in Unexpected Places","authors":"J. Crook","doi":"10.15779/Z38PG1HP1J","DOIUrl":"https://doi.org/10.15779/Z38PG1HP1J","url":null,"abstract":"The theme of Berkeley Law’s September 2018 Symposium honoring the memory of Professor David Caron was “The Elegance of International Law.” This intriguing theme was taken from David’s opening address, entitled “Confronting Complexity, Valuing Elegance,” at the Annual Meeting of the American Society of International Law in April 2012.1 His address opens with an analysis, drawing on a daunting array of sources and disciplines, probing the challenging notion of complexity. David then turns to examining the rule of elegance in devising solutions to complex problems. His reflections conclude with an admonition that “we should distrust complex solutions to complex problems and seek instead those that are elegant.”2 Good lawyers have an intuitive sense of what David was talking about. They know that some examples of legal craftsmanship—analysis, writing, advocacy, or combinations of the three—have an intangible characteristic that sets them apart. These pieces of lawyering seem to render complicated matters simple. They impose structure and clarity upon what seem to be jumbles of facts and arguments. They somehow have the aura of being obvious, compelling, even graceful. They explain. The good lawyers, assessing these characteristics of clarity, grace, and simplicity and searching for a word to describe them, might conclude that they are elegant. But, to borrow from Cole Porter,3 what is this thing called elegance? And what does it have to do with international law? It’s a complicated question. “A list of elegant things, like a list of obscene things, includes not a single trait in common across its members.”4 However, as good international lawyers, we can","PeriodicalId":45532,"journal":{"name":"Ecology Law Quarterly","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48095222","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Notwithstanding adoption of the Paris Agreement on climate change, mitigation of greenhouse gas emissions appears unlikely to achieve the stated goal of limiting the mean global temperature increase to 2°C. Under many scenarios, achieving this goal would require not only vigorous mitigation efforts, but also the deployment of carbon dioxide removal technologies or solar geoengineering. While serious consideration of solar geoengineering remains fraught with peril, the use of carbon dioxide removal to remove carbon dioxide from the atmosphere and store it elsewhere appears increasingly likely. Carbon dioxide removal techniques generally would have to be undertaken on a massive scale to be effective. However, the techniques are not ready for deployment, and their widespread use would impact land use, biodiversity, food security, water availability, and other resources. Such impacts demand greater attention to managing carbon dioxide removal efforts and their effects. The Paris Agreement does not directly mention carbon dioxide removal, however, and relatively little attention has been directed toward carbon dioxide removal governance thus far. This Article explores key issues of carbon dioxide removal governance, such as promoting the generation of information, mainstreaming carbon dioxide removal into public and policy discussions, and furthering carbon dioxide removal development while avoiding lock-in of suboptimal technologies.
{"title":"Carbon Dioxide Removal after Paris","authors":"Albert C. Lin","doi":"10.15779/Z386M3340F","DOIUrl":"https://doi.org/10.15779/Z386M3340F","url":null,"abstract":"Notwithstanding adoption of the Paris Agreement on climate change, mitigation of greenhouse gas emissions appears unlikely to achieve the stated goal of limiting the mean global temperature increase to 2°C. Under many scenarios, achieving this goal would require not only vigorous mitigation efforts, but also the deployment of carbon dioxide removal technologies or solar geoengineering. While serious consideration of solar geoengineering remains fraught with peril, the use of carbon dioxide removal to remove carbon dioxide from the atmosphere and store it elsewhere appears increasingly likely. Carbon dioxide removal techniques generally would have to be undertaken on a massive scale to be effective. However, the techniques are not ready for deployment, and their widespread use would impact land use, biodiversity, food security, water availability, and other resources. Such impacts demand greater attention to managing carbon dioxide removal efforts and their effects. The Paris Agreement does not directly mention carbon dioxide removal, however, and relatively little attention has been directed toward carbon dioxide removal governance thus far. This Article explores key issues of carbon dioxide removal governance, such as promoting the generation of information, mainstreaming carbon dioxide removal into public and policy discussions, and furthering carbon dioxide removal development while avoiding lock-in of suboptimal technologies.","PeriodicalId":45532,"journal":{"name":"Ecology Law Quarterly","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47814450","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Vindicating Public Environmental Interest: Defining the Role of Enviornmental Public Interest Litigation in China","authors":"Juan Chu","doi":"10.15779/Z38599Z22F","DOIUrl":"https://doi.org/10.15779/Z38599Z22F","url":null,"abstract":"","PeriodicalId":45532,"journal":{"name":"Ecology Law Quarterly","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67403928","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The David Caron Rule of X","authors":"L. Reed","doi":"10.15779/Z38WD3Q21P","DOIUrl":"https://doi.org/10.15779/Z38WD3Q21P","url":null,"abstract":"","PeriodicalId":45532,"journal":{"name":"Ecology Law Quarterly","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67573374","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Opening Reflection: The Elegance of International Law","authors":"Laurel E. Fletcher","doi":"10.15779/Z389P2W645","DOIUrl":"https://doi.org/10.15779/Z389P2W645","url":null,"abstract":"","PeriodicalId":45532,"journal":{"name":"Ecology Law Quarterly","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67436286","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Navigating the Judicialization of International Law in Troubled Waters: Some Reflections on a Generation of International Lawyers","authors":"C. Brower, D. Litwin","doi":"10.15779/Z38V698C54","DOIUrl":"https://doi.org/10.15779/Z38V698C54","url":null,"abstract":"","PeriodicalId":45532,"journal":{"name":"Ecology Law Quarterly","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67564696","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Arctic warming poses considerable legal challenges to the region. The fast disappearance of polar ice will increase economic activity, destabilize the environment, and create a host of security issues. Previous discussions have tended to focus on one of these facets in isolation. This Article aims instead to provide the reader with a comprehensive, up-to-date picture of the Arctic region’s legal needs. The Article first addresses navigation and natural resource disputes arising from the expected increase in Arctic shipping and hydrocarbon exploitation. It then examines the pollution and conservation challenges this increase in human activity will bring. Finally, it analyzes the human security, law enforcement, and military security issues brought about by the Arctic thaw. The Article concludes by critically evaluating the international community’s current institutional responses to Arctic warming and considering possible measures to address current response gaps, including the possibility of a holistic treaty.
{"title":"A New Ocean: The Legal Challenges of the Arctic Thaw","authors":"Henri Féron","doi":"10.2139/SSRN.3065342","DOIUrl":"https://doi.org/10.2139/SSRN.3065342","url":null,"abstract":"Arctic warming poses considerable legal challenges to the region. The fast disappearance of polar ice will increase economic activity, destabilize the environment, and create a host of security issues. Previous discussions have tended to focus on one of these facets in isolation. This Article aims instead to provide the reader with a comprehensive, up-to-date picture of the Arctic region’s legal needs. \u0000 \u0000The Article first addresses navigation and natural resource disputes arising from the expected increase in Arctic shipping and hydrocarbon exploitation. It then examines the pollution and conservation challenges this increase in human activity will bring. Finally, it analyzes the human security, law enforcement, and military security issues brought about by the Arctic thaw. \u0000 \u0000The Article concludes by critically evaluating the international community’s current institutional responses to Arctic warming and considering possible measures to address current response gaps, including the possibility of a holistic treaty.","PeriodicalId":45532,"journal":{"name":"Ecology Law Quarterly","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48433556","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In 2008, Hawai'i's electric utilities and state government committed to transforming Hawai'i' into a world leader in the adoption of renewable energy. The characteristics of Hawai'i's electricity system – including high imported fossil fuel costs – appeared to make this project more technically feasible, economically attractive, and politically popular in Hawai'i' than in any other state. And yet, a decade later, Hawai'i's electricity grids remain less renewable than those of many mainland states (such as California), and continue to emit 35% more carbon per kilowatt-hour than the U.S. average. Why? In this article, I trace the disappointments of the last decade to incentives problems endemic to Hawai'i's electricity law. Specifically, Hawai'i's attempt to hybridize the traditional vertically integrated utility model with pro-competition policies encourages independent power producers to take the lead in developing transformative renewable projects, but leaves them reliant on traditionally regulated utilities with an incentive to favor their utility-owned projects. In the resulting stalemate, both utilities and independent power producers propose transformative projects, but neither has the power to bring those projects to completion. The options for improving incentives in Hawai'i's electricity sector fall into three categories: (1) performance-based ratemaking; (2) industry restructuring; and (3) cooperatization or municipalization. I conclude that performance-based ratemaking, wheeling-based restructuring, and ISO-based restructuring are unlikely to furnish a sound framework for Hawai'i's electricity sector. By contrast, a simpler generation divestiture reform based on the Transco model of restructuring has potential, as do governance changes like cooperatization or municipalization. By clearing out the unnecessary incentives conflicts that have hampered progress over the last decade, these policies could allow Hawai'i' to make good on its renewable energy ambitions over the next decade.
{"title":"Reform Incentives, Transform the Grid: Making Good on Hawai'i's Renewable Energy Ambitions","authors":"Tyler McNish","doi":"10.15779/Z384B2X52K","DOIUrl":"https://doi.org/10.15779/Z384B2X52K","url":null,"abstract":"In 2008, Hawai'i's electric utilities and state government committed to transforming Hawai'i' into a world leader in the adoption of renewable energy. The characteristics of Hawai'i's electricity system – including high imported fossil fuel costs – appeared to make this project more technically feasible, economically attractive, and politically popular in Hawai'i' than in any other state. And yet, a decade later, Hawai'i's electricity grids remain less renewable than those of many mainland states (such as California), and continue to emit 35% more carbon per kilowatt-hour than the U.S. average. Why? In this article, I trace the disappointments of the last decade to incentives problems endemic to Hawai'i's electricity law. Specifically, Hawai'i's attempt to hybridize the traditional vertically integrated utility model with pro-competition policies encourages independent power producers to take the lead in developing transformative renewable projects, but leaves them reliant on traditionally regulated utilities with an incentive to favor their utility-owned projects. In the resulting stalemate, both utilities and independent power producers propose transformative projects, but neither has the power to bring those projects to completion. The options for improving incentives in Hawai'i's electricity sector fall into three categories: (1) performance-based ratemaking; (2) industry restructuring; and (3) cooperatization or municipalization. I conclude that performance-based ratemaking, wheeling-based restructuring, and ISO-based restructuring are unlikely to furnish a sound framework for Hawai'i's electricity sector. By contrast, a simpler generation divestiture reform based on the Transco model of restructuring has potential, as do governance changes like cooperatization or municipalization. By clearing out the unnecessary incentives conflicts that have hampered progress over the last decade, these policies could allow Hawai'i' to make good on its renewable energy ambitions over the next decade.","PeriodicalId":45532,"journal":{"name":"Ecology Law Quarterly","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47537348","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Proposal to Increase Public Participation in CERCLA Actions through Notice","authors":"K. Shiigi","doi":"10.15779/Z38319S31F","DOIUrl":"https://doi.org/10.15779/Z38319S31F","url":null,"abstract":"","PeriodicalId":45532,"journal":{"name":"Ecology Law Quarterly","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67388409","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Agua Caliente: A Case Study and Toolkit for Securing Tribal Rights to Clean Groundwater","authors":"D. A. Bass","doi":"10.15779/Z38BN9X33H","DOIUrl":"https://doi.org/10.15779/Z38BN9X33H","url":null,"abstract":"","PeriodicalId":45532,"journal":{"name":"Ecology Law Quarterly","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67444039","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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