Mid-Year Meeting 2004June 14-18, 2004 - Portland, Oregon |
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AALS Conference on Environmental Law Teaching Environmental Law In a Global Context
Tuesday, June 15, 2004
5:00–8:00 p.m. Wednesday, June 16, 2004
8:45–9:00 a.m.
Stuart L. Deutsch, Rutgers University, Newark, Chair, Planning Committee for 2004 AALS Conference on Environmental Law
9:00–10:30 a.m. Impacts, Sustainability, Globalization, Domestic Impact)
Eileen P. Gauna, Southwestern University
Nicholas A. Robinson, Pace University David A. Wirth, Boston College Moderator: Stuart L. Deutsch, Rutgers University, Newark This opening session will set the stage for the conference. It will
begin to explore major themes: why teach international
environmental issues in a “traditional” environmental law course,
the impact of globalization and sustainable development on the
world environment, comparative environmental law and
regulation, etc.
Primer on International Environmental Law (What Does the Domestic Environmental Law Teacher Need to Know About International Law)
International Environmental Law
and
Institutions
NGOs and Global Political ContextA. Dan Tarlock, Chicago-Kent College of Law Durwood Zaelke, Director of the Washington, DC and Alaska offices of the Sierra Club Legal Defense Fund and Founder, Center for International Environmental Law
2:00–3:30 p.m. Robin Morris Collin, University of Oregon
Bio Diversity (Property Rights; Domestic and International)Robert R.M. Verchick, University of Missouri-Kansas City The principle of “sustainable development” has been critical to the development of international law over the last decade. The goal of sustainable development cannot be achieved without developments in U.S. and international policy. This session will address the domestic and international challenges posed by the quest for sustainable development. Holly D. Doremus, University of California at Davis
Lakshman D. Guruswamy, University of Colorado Endangered species protection and biodiversity remain critical issues on the domestic and international agenda. This session will explore recent developments under the U.S. Endangered Species Act, developments under international treaties, such as the Convention on Biodiversity, and the lessons that domestic policymakers can learn from the international experience and vice versa. Moderator: Alice Kaswan, University of San Francisco 3:30– 3:45 p.m. Refreshment Break 3:45–5:15 p.m. John C. Dernbach, Widener University
Global climate change arguably has been the defining problem of managing the environmental commons. Its environmental consequences and the human contributions are truly global in geographic scope, while the causal factors can be found in all aspects of modern life. The international community has responded primarily with the U.N. Framework Convention on Climate Change and the 1997 Kyoto Protocol. Given that the Bush Administration has turned away from the Kyoto Protocol, however, what are the prospects for solutions? Do international efforts continue to be of relevance and how? How do national and sub-national efforts figure in? This session will address international and US domestic efforts focused on global climate change. Trade and the Environment Howard F. Chang, University of Pennsylvania
Ved P. Nanda, University of Denver The tuna-dolphin dispute of the late 1980s drew public attention to the limiting influence that international trade rules can exert on environmental regulatory efforts. There, a dispute settlement panel of the General Agreement on Tariffs and Trade (GATT) found U.S. tuna import restrictions that were designed to promote dolphin conservation to be impermissible under the rules of GATT. Such concerns have increased among environmentalists with the continuing expansion and proliferation of international trade agreements, such as the WTO and NAFTA. In contrast, free trade advocates have suggested that concerns about the adverse impact of free trade on environmental protection have been overstated. This session provides an overview and analysis of the tensions between the international trading system and environmental protection efforts, recent developments, and the prospects for resolution of these tensions. Moderator: Tseming Yang, Vermont Law School 5:15–7:00 p.m. AALS Reception Thursday, June 17, 2004
9:00–10:30 a.m. Primer on Comparative Environmental Law (Government and
Agency Structures, Enforcement, Citizen Participation)
Jutta Brunnee, Professor, Faculty of Law, University of Toronto, Toronto, Ontario, Canada
Richard O. Brooks, Vermont Law School Moderator: David E. Pierce, Washburn University Varying approaches to environmental regulations are examined in this session by studying how different legal systems address environmental problems. In addition to examining the environmental laws of different countries, the government and agency structures used to implement the laws are also considered, to include enforcement techniques and citizen participation. 10:30–10:45 a.m. Refreshment Break 10:45 a.m.–12:15 p.m. This session will focus on two areas where the possibility of comparisons with domestic law is great. The environmental assessment process is often taught during a traditional environmental law course, and this session will look at environmental assessment around the world. Basic pollution law is the centerpiece of a traditional course, and this plenary will look at alternative systems for pollution control in use in other countries.
2:00–3:30 p.m. Barton H. Thompson, Jr., Stanford Law School
Moderator: Mark S. Squillace, University of Toledo 3:30–3:45 p.m. Refreshment Break 3:45–5:15 p.m. Daniel H. Cole, Indiana University, Indianapolis
Louise A. Halper, Washington and Lee University Madhavi Sunder, Univeristy of California, Davis This session will explore systems of ownership and rights in land in different legal regimes, as well as issues related to the commons and shared resources. It will look at how different property rights regimes may impact environmental regulation as well as land development and planning. 5:45 p.m. Lewis and Clark Law School Reception (Buses board at 5:45 p.m.)
Friday, June 18, 2004
9:00–10:30 a.m. Environmental Justice and Indigenous People Environmental Justice Sheila Rose Foster, Fordham University
Carmen G. Gonzalez, Seattle University The environmental justice movement of the last two decades has had a significant impact on considerations of domestic environmental law. Issues of environmental justice – of fair distribution and fair treatment – are likewise evident in many other countries and in many international environmental debates. This session will address the major domestic and international developments in environmental justice and explore the parallels between U.S., other countries’, and international environmental justice movements. Indigenous People Gerald Torres, The University of Texas
Rebecca A. Tsosie, Arizona State University Indigenous people throughout the world are particularly affected by natural resources and environmental policies. This session will explore developments in connection with both Native Americans and with indigenous peoples in other nations. It should provide an opportunity for a comparative perspective that provides ideas for resolving both domestic and international issues. Moderator: Alice Kaswan, University of San Francisco 10:30–10:45 a.m. Refreshment Break 10:45 a.m.–12:00 noon Market and Voluntary Mechanisms, Building Bridges/Assisting Other Countries
Market and Voluntary MechanismJames L. Huffman, Lewis and Clark Law School
Building Bridges / Assisting Other CountriesRena I. Steinzor, University of Maryland The use of market-based and voluntary compliance mechanisms to achieve environmental goals has given rise to a lively debate. Some view these tools as having the promise to revolutionize environmental regulation and offering the potential to achieve environmental goals in more cost-effective ways. Others see them as fundamentally undermining environmental protection efforts and presenting polluters with the opportunity to escape legal accountability for their actions. Given that such market-based and voluntary compliance mechanisms have become increasingly used in both domestic and international environmental regulatory systems, these issues have gained increasing importance. This session will provide an overview of these tools and offer a point-counter point discussion of the possibilities and risks they present focusing on both domesticand international issues. Nicholas A. Robinson, Pace University
Involvement in the shaping of domestic litigation and public policy affecting the environment has been an important service activity of environmental law faculty. Increasingly, such efforts reach beyond U.S. borders. This session will provide perspectives on the opportunities for such involvement for academics and the experiences with such work. 12:15–1:45 p.m. AALS Sponsored Luncheon for Conferences on Environmental Law and Teaching Property Law for the 21st Century
Speaker: Gerald Torres, The University of Texas 2:00–4:00 p.m. Joint Plenary of Conferences on Environmental Law and Property Comparative Takings Issues
Vicki Lynn Been, New York University Eric T. Freyfogle, University of Illinois Laura S. Underkuffler, Duke University This session will address issues raised by regulatory takings. It will look at international developments concerning regulatory expropriation, and look at trade treaties such as NAFTA and their impact on takings law around the world. Planning Committee for the Conference on
Environmental Law: Teaching Environmental Law In a Global Context
Stuart L. Deutsch, Rutgers University, Newark, Chair
Alice Kaswan, University of San Francisco David E. Pierce, Washburn University Mark S. Squillace, University of Toledo Tseming Yang, Vermont Law School |
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