Chicago Journal of International Law

A biannual journal focusing on international law and policy issues.

Articles from Vol. 13, No. 2, Winter

Analysis of the US Case in Climate Change Negotiations
AbstractI applaud Eric A. Postier and David Weisbach's courage in taking the academically unpopular stand of arguing that the US and other developed countries are not morally required to pay significant amounts of money (or money-equivalents such as...
Carbon Leakage versus Policy Diffusion: The Perils and Promise of Subglobal Climate Action
AbstractClimate change is a global problem that will ultimately require a concerted global response. Policy analysts, however, are divided about whether individual jurisdictions and groups of jurisdictions should take the initiative in the meantime....
Climate Change, Consequentialism, and the Road Ahead
AbstractIn this paper I tell the story of the evolution of the climate change regime, locating its origins in "the dream of Rio, " which supposed that the nations of the world would join in addressing the interlocking crises of environment and development....
Climate Change: Why Theories of Justice Matter
AbstractClimate Change Justice is impressive, and one of its merits is its serious treatment of philosophical issues. Developing its philosophical aspects further will strengthen the argument, in three areas: (1) the relationship between entitlements...
Climate Hope: Implementing the Exit Strategy
AbstractWhile Eric A. Posner and David Weisbach advocate that climate change and poverty be tackled separately, the realisation that only a single cumulative carbon emissions budget is available to accommodate all nations through all centuries of the...
Climate Policies Deserve a Negative Discount Rate
AbstractEric A. Posner and David Weisbach advocate discounting the future impacts of climate policies at the market rate of return in order to take account of opportunity costs; however, they suggest that the desirable amount of investment may have to...
Cumulative Carbon and Just Allocation of the Global Carbon Commons
AbstractRecent research has shown that the effect of human activities on climate can be characterised by a single statistic, called cumulative carbon. This statistic is the aggregate amount of carbon emitted in the form of carbon dioxide by activities...
Depoliticizing Sovereign Wealth Funds through International Arbitration
AbstractSince their inception in the 1950s, Sovereign Wealth Funds (SWFs) have dramatically expanded with the purpose of investing government revenue and maximizing returns for states with surplus funds. While SWF investments benefit their sovereign...
International Paretianism: A Defense
AbstractA treaty satisfies what we call International Paretianism (IP) if it advances the interests of all states that join it, so that no state is made worse off. The principle might seem obvious, but it rules out nearly all the major proposals for...
Introduction
As mounting evidence has made doubting the existence of climate change all but impossible, the policy debate has shifted from whether global warming is an actual phenomenon to ways to address it. The articles in this issue of The Chicago Journal of International...
Post-Durban Climate Policy Architecture Based on Linkage of Cap-and-Trade Systems
AbstractThe outcome of the December 2011 United Nations climate negotiations in Durban, South Africa, provides an important new opportunity to move toward an international climate policy architecture that is capable of delivering broad international...
The Berne Convention's Flexible Fixation Requirement: A Problematic Provision for User-Generated Content
AbstractThe Berne Convention for the Protection of Literary and Artistic Works sets forth an international standard for copyright protection. However, the fixation provision directs signatories to prescribe works subject to a fixation requirement for...
The Debate on Discounting: Reconciling Positivists and Ethicists
AbstractUsing a simple arbitrage argument, positivists claim that the interest rate provides the right basis to fix the discount rate to evaluate green investment projects. The real interest rate observed in the US during the twentieth century was around...
Who Should Pay for Climate Change? "Not Me"
AbstractIn Climate Change Justice, Eric A. Posner and David Weisbach argue not only that a climate treaty with significant North-to-South redistribution of wealth is infeasible, but also that to support such a treaty is counterproductive. They argue...
Why Historical Emissions Should Count
AbstractThis Article argues for three ways in which historical emissions should count for the fair distribution of the benefits and burdens of responding to climate change among currently living people. First, historical emissions should count as a matter...
Why Judges Should Not Make Refugee Law: Australia's Malaysia Solution and the Refugee Convention
AbstractIn a 2011 decision, the High Court of Australia effectively incorporated an international treaty into a domestic statute. The case involved a refugee swap deal, called the "Malaysia Solution," between Australia and Malaysia, which the Australian...