private environmental governance

Badly Drafted and Constitutionally Suspect

New laws blacklist “discrimination” against fossil fuel companies in states that normally could care less about discrimination of any kind.

Texas and a number of other states have passed laws banning what they call “boycotts of fossil fuel companies.” More precisely, they ban state investment or contracting with firms that “boycott” fossil fuel companies.  Besides being fundamentally misguided and difficult to implement, these blacklist laws are poorly  drafted and quite likely unconstitutional. The “fundamentally misguided” …

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Guest Bloggers Will Martin and Michael P. Vandenbergh: Can Private Environmental Governance Address Nationalism’s Threat To International Environmental Law?

As Some Nations Retreat From Internationalist Approaches to Transnational Environmental Challenges, Corporate Actions May Play a Larger Role

The withdrawal by Japan from the International Whaling Convention and its related Commission in December 2018 and the on-off threat by the new leader of Brazil to withdraw from the Paris Agreement on Climate Change are the latest signals that International Environmental Law (“IEL”) is under siege. The move by Japan and the possible withdrawal …

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