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Upcoming Events

Horizons: Conversations About Future Directions in Dispute Resolution

Thursday, January 29, 2015
5:00 – 9:00 PM | TBD

Friday, January 30,  2015
8:30 AM – 4:00 PM | TBD

 

84 – Environment

Anatole Boute, Combating Climate Change Through Investment Arbitration, 35 Fordham Int’l L.J. 613 (2012)
This article analyzes whether investment arbitration could complement the existing income-based approach of climate policies, reinforcing the effectiveness of climate change mitigation efforts. The author examines the regulatory principles that states develop to attract low-carbon investments, whether low-carbon investments would answer to the definition of “investments” in international investment arbitration, and the extent to which states could justify possible breaches of investment protection standards on public policy grounds.
{44} ARBITRATION—GENERAL
{84} SUBJ MATTER: ENVIRONMENT

George W. Conk, Blowout: Legal Legacy of the Deepwater Horizon Catastrophe: Diving into the Wreck: BP and Kenneth Feinberg’s Gulf Coast Gambit, 17 Roger Williams U. L. Rev. 137 (2012).
There are currently no regulations that govern the manner in which a solvent polluter meets its statutory clean-up and compensation responsibilities. There is no audit, no reporting, no monitoring of the company’s ability to meet its obligations, and no review of its success in doing so.  This article calls for the creation of an administrative framework for oversight of claims processes from the beginning of the remedial period.
{60} ADR—GENERAL
{81} SUBJ MATTER: CORPORATE
{84} SUBJ MATTER: ENVIRONMENT

George (Rock) Pring & Catherine (Kitty) Pring, The Future of Environmental Dispute Resolution, 40 Denv. J. Int’l L. & Pol’y 482 (2012).
This piece discusses the growing use of environmental courts or tribunals as an alternative to courts in resolving environmental disputes. The authors suggest that this method will become the new norm, as tribunals provide greater efficiency and overall access to justice.
{60} ADR—GENERAL
{84} SUBJ MATTER: ENVIRONMENT