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Saving Nemo: Enhancing CITES to Protect Marine Ornamental Fish

There is a startling lack of global regulation of the marine ornamental trade. The only international legal framework that governs the trade of marine ornamentals is the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Requirements under Appendix II help prevent traded species from reaching the point where they need stricter protections, while Appendix III targets species that range countries want help controlling in international trade. Yet both of these appendices are poorly equipped to help regulate the marine aquarium trade.

Annual Review of Chinese Environmental Law Developments: 2024

In China, the year 2024 witnessed further evolution of environmental protection and development of legislation and rulemaking. This mainly included adoption of the Energy Law of the People’s Republic of China, revision of the Mineral Resources Law of the People’s Republic of China, and adoption of a series of administrative regulations. This Comment summarizes some of the year’s major developments.

A Paris for Plastics? Fragmentation and Sustainability in Global Plastics Treaty Negotiations

The negotiations for the Global Plastics Treaty (GPT) that collapsed on December 2, 2024, were meant to be a step toward a plastics future informed by sustainable development principles. Given that no agreement has yet been reached, this Comment will discuss two broad issues that future GPT negotiating sessions must confront to produce an effective plastic life-cycle governance instrument. Part I reviews the fragmentation in current plastic waste-related governance instruments and institutions, and describes opportunities for the GPT to find synergies with those instruments.

State Responsibility for Disrupting Earth's Climate System: Anticipating the ICJ Advisory Opinion

In 2025, the International Court of Justice (ICJ) will deliver an advisory opinion on the legal obligations of nations with respect to the mounting damage caused by climate change. This ruling will definitively restate applicable international law, provide a basis for new global policy decisions within the U.N. General Assembly, and provide a predicate for new lawsuits in national courts. To be effective, remedies for breaching a government’s duties to avert climate change will require a “collective remedy,” not merely financial compensation.

Assessing and Advancing the Climate Capability of India's Judiciary

As in many other countries, climate change is driving new and complex litigation throughout India. These cases deal with a wide scope of issues, including greenhouse gas (GHG) emissions, renewable energy development, and air pollution, among other topics. Five features related to India’s climate and energy policies, its judicial structure, and a recent Supreme Court decision make it likely that the courts will continue to play a significant role in shaping the country’s response to climate change.

Annual Review of Chinese Environmental Law Developments: 2022

In China, the year 2022 witnessed the further evolution of environmental protection and development of legislation and rulemaking. This mainly included adoption of the Black Soil Protection Law and the Yellow River Protection Law, as well as revision of the Animal Husbandry Law and the Wildlife Protection Law. This Comment summarizes some of the year’s major developments.

Protecting Nuclear Power Plants During War: Implications From Ukraine

Prior to Russia’s invasion of Ukraine, the direct targeting of nuclear power plants (NPP) was largely unimaginable in armed conflict. International humanitarian law (IHL) requires their protection, but since February 2022, Russia has directly targeted nuclear facilities, including the nonoperational Chornobyl NPP and the operational Zaporizhzhia NPP. This Article documents how NPPs in Ukraine have come under direct attack, been occupied, and used for military purposes.

Annual Review of Chinese Environmental Law Developments: 2021

In China, the year 2021 witnessed the further evolution of environmental protection and development of legislation and rulemaking. This included revision of the Law on the Prevention and Control of Noise Pollution and adoption of the Wetland Protection Law, the Regulations on Administration of Pollutant Discharge Permits, Measures for Administration of Carbon Emissions Trading, judicial interpretations on environmental injunctive orders, and some departmental rules. This Comment summarizes some of the year’s major developments.

The Role of Program Evaluation in China's Environmental Policy

Evaluating government programs is a relatively new idea for China’s government and policymakers. Many policies and programs continue to be evaluated based on procedural standards rather than on actual performance. This Article investigates how program evaluations and the knowledge they produce find their way into China’s environmental policy.

Update on Negotiation of a New International Environmental Agreement

International environmental law (IEL) has developed widely since the first global meeting in Stockholm in 1972. Accounts estimate that there are more than 500 multilateral environmental treaties (MEAs). However, the predicted future shows that current global environmental policy efforts are undeniably insufficient. IEL’s prevailing anthropocentric ethic has directly contributed to the crisis, suppressing the symptoms rather than treating them.