Articles

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The World Trade Organization Dispute Over Genetically Modified Organisms: The Precautionary Principle Meets International Trade Law, Vermont Law Review (2013)

“Precaution” is increasingly accepted as a basis for governmental policy in the areas of public...

 

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Engineering the Climate: Geoengineering as a Challenge to International Governance, Boston College Environmental Affairs Law Review (2013)

The challenge of global climate change has attracted recommendations for remediation from a number of...

 

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A World of Choices, New Zealand Journal of Public and International Law (2013)

In this keynote address, David Wirth identifies fundamental and dynamic attributes of globalisation, examines the...

 

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Book Review, Environmental Law and Sustainability after Rio, Anthem EnviroExperts Review (2012)

Review of an accessible collection of essays from around the world, offering insights into legal...

 

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The International Organization for Standardization: Private Voluntary Standards as Swords and Shields, Boston College Environmental Affairs Law Review (2009)

Private voluntary standards such as the International Organization for Standardization’s (ISO’s) 14000 series have played...

 

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The EU's New Impact on American Environmental Regulation, Fletcher Forum of World Affairs (2007)

Due to its increasing size and growing regulatory momentum, the European Union is quickly becoming...

 

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Globalization and the Environment: Why all the Fuss?, International Environmental Law Committee Newsletter (ABA Section on International Law) (2006)

The relationship between globalization and environmental policies presents more nuances than the popular paradigm of...

 

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Tribute to Frederic L. Kirgis, Washington and Lee Law Review (2005)
 

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The President, the Environment, and Foreign Policy: The Globalization of Environmental Politics, Journal of Land, Resources & Environmental Law (2004)

By comparison with domestic environmental issues, international environmental diplomacy is distinguished by the far greater...

 

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Science and International Trade – Third Generation Scholarship (with Jeffery Atik), Boston College International and Comparative Law Review (2003)
 

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Teaching and Research in International Environmental Law, Harvard Environmental Law Review (1999)
 

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Globalizing the Environment, William & Mary Environmental Law and Policy Review (1998)
 

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At War With the Environment, Virginia Law Review (1998)

In this Article, Professor Wirth reviews the book National Defense and the Environment by Stephen...

 
Some Reflections on Turtles, Tuna, Dolphin, and Shrimp, Yearbook of International Environmental Law (1998)
 

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Trade Implications of the Basel Convention Amendment Banning North-South Trade in Hazardous Wastes, Review of European Community & International Environmental Law: RECIEL (1998)
 

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International Trade Agreements: Vehicles for Regulatory Reform?, University of Chicago Legal Forum (1997)
 

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Trade and the Environment: Equilibrium or Imbalance? (with Douglas J. Caldwell), Michigan Journal of International Law (1996)
 

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A Climate for Change, Environmental Science and Technology (1996)
 

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Risky Reform (with Ellen Silbergeld), Columbia Law Review (1995)
 

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Review of Greening International Law, edited by Philippe Sands, American Journal of International Law (1995)
 

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The Role of Science in the Uruguay Round and NAFTA Trade Disciplines, Cornell International Law Journal (1994)

The central theme of this article is the necessity for deference to decision-making processes of...

 

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The Uneasy Interface Between Domestic and International Environmental Law, American University Journal of International Law and Policy (1993)
 

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The International Trade Regime and the Municipal Law of Federal States: How Close a Fit?, Washington and Lee Law Review (1992)

Reprinted in Trade and the Environment: Law, Economics and Policy, edited by Durwood Zaelke, Paul...

 

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The North American Free Trade Agreement and U.S. Environmental Law, American Society of International Law, Proceedings of the 86th Annual Meeting (1992)
 

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Legitimacy, Accountability, and Partnership: A Model for Advocacy on Third World Environmental Issues, Yale Law Journal (1991)

To date, there has been little effort to define the characteristics of responsible environmental reform...

 
Review of International Law and Pollution, edited by Daniel Barstow Magraw, Yearbook of International Environmental Law (1991)
 
Multilateral Lending Activities/Development Assistance and Sustainable Development, Yearbook of International Environmental Law (1990)
 

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Remarks (as panelist) on "International Law: The Year in Review.", American Society of International Law, Proceedings of the 84th Annual Meeting (1990)
 
Environmental Impact Statements and Climate Change (with Glenn T. Prickett), Environment (1989)

Recent demands by atmospheric scientists and policy makers for immediate, comprehensive, and effective responses to...

 
Keeping the Courthouse Door Open, Forum for Applied Research and Public Policy (1988)
 

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Remarks (as panelist) on "Environment, Economic Development and Human Rights: A Triangular Relationship?", American Society of International Law, Proceedings of the 82th Annual Meeting (1988)
 
The World Bank and the Environment, Environment (1986)
 

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Cooling the Chemical Summer (with David D. Doniger), Amicus Journal (1986)
 

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Private Rights of Action and Judicial Review in Federal Environmental Law (with William H. Timbers), Cornell Law Review (1985)
 
FDA on Food Additives and Salt, Environment (1984)
 

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Trade Union Rights in the Workers' State: Poland and the ILO, Denver Journal of International Law and Policy (1984)
 
FDA Flip-Flops on Antibiotic Hazard, Environment (1983)
 

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Multilingual Treaty Interpretation and the Case of SALT II, Yale Studies in World Public Order (1980)
 

Books

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Environmental Law and Policy: Nature, Law and Society (with Zygmunt J.B. Plater, Robert H. Abrams, Robert L. Graham, Lisa Heinzerling, and Noah D. Hall), Zygmunt J.B. Plater (2010)

This user-friendly book - noted for its comprehensive legal process approach to the depth and...

 

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Environmental Law and Policy: Nature, Law, and Society (with Zygmunt J. B. Plater) (2010)
 

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Environmental Law and Policy: Nature, Law, and Society (with Zygmunt J. B. Plater) (2004)
 

Contributions to Books

The President, the Environment, and Foreign Policy: The Globalization of Environmental Politics, The Presidency and the Environment: The Twentieth Century and Beyond (2012)
 

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International Trade Law: CLI Background Paper No. 10, Recalibrating the Laws of Humans with the Law of nature: Climate Change, Human Rights, and Intergenerational Justice (2009)
 

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Make Trade Rules Attuned to the Ecological Needs and Interests of Future Generations: CLI Recommendation No. 15, Recalibrating the Laws of Humans with the Law of Nature: Climate Change, Human Rights, and Intergenerational Justice (2009)

This recommendation observes that international trade agreements as currently structured do not establish minimum standards...

 

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Un regard extérieur: Back Impact of European Union Legislation on American Environmental Regulations, Les échanges entre les droits, l'expérience communautaire: Une lecture des phénomènes de régionalisation et de mondialisation du droit (2008)
 

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Hazardous Substances and Activities, Oxford Handbook of International Environmental Law (2007)

This piece analyzes and critically evaluates the enormous number and variety of international instruments addressing...

 

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The Transatlantic GMO Dispute Against the European Communities: Some Preliminary Thoughts, EU and WTO Law: How Tight is the Legal Straitjacket for Environmental Product Regulation? (2006)

Any day now, a World Trade Organization panel is expected to rule in a dispute...

 

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Contributing Author, A New Progessive Agenda for Public Health and the Environment (2005)
 

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International Court of Justice, Dictionary of American History (2003)
 

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International Law, Dictionary of American History (2003)
 

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Territorial Sea, Dictionary of American History (2003)
 

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Unilateral Trade-Based Measures for Protection of the Marine Environment: A Legal and Policy Perspective (with Douglas J. Caldwell), Values at Sea: Ethics for the Marine Environment (2003)
 

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Compliance with Non-Binding Norms of Trade and Finance, Commitment and Compliance: The Role of Non-Binding Norms in the International Legal System (2000)
 

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Partnership Advocacy in World Bank Environmental Reform, The Struggle for Accountability (1998)
 

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Economic Assistance, the World Bank, and Nonbinding Instruments, International Compliance With Nonbinding Accords (1997)
 

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Government by Trade Agreement, Joining Together, Standing Apart: National Identities after NAFTA (1997)
 

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Risk-Based Regulatory Reform and Public Participation, 1996 International Symposium on Technology and Society: Technical Expertise and Public Decisions: Proceedings, June 21-22, the Woodrow Wilson School of Public and International Affairs, Princeton University, Princeton, N.J. (1996)
 

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Remarks on "International Financing Mechanisms and Institutional Responses.", The Role of Law in the 1992 United Nations Conference on Environment and Development (1991)
 

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Greenhouse Implications of Energy Policies of Multilateral Development Institutions, Coping with Climate Change: Proceedings of the Second North American Conference on Preparing for Climate Change: A Cooperative Approach (1989)
 

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International Technology Transfer and Environmental Impact Assessment, Transferring Hazardous Technologies and Substances: The International Legal Challenge (1989)
 

Selected Professional Activities

International Administrative Law -- WTO and Implications for Rulemaking, Administrative Law Conference, ABA Administrative Law and Regulatory Practice Section (2014)
 
Private Voluntary Standards and New U.S. Food Safety Legislation: The Food Safety Modernization Act and Imported Food, Working Group on International Trade and Investement, European University Institute (2014)
 
Panelist: The Globalization of Environmental Politics, Renaissance Weekend (2014)

Invited to participate in Renaissance Weekend conference. Also appeared on panels titled "Deep Dive: Greenhouse...

 
Harmonizing the International and Domestic Law of Climate Change in the United States: An Executive Agreement on Climate?, Justice Beyond the State: Transnationalism and Law, Sponsored by the University of Windsor Faculty of Law (2013)
 
How Safe is That Shrimp? The Food Safety Modernization Act, University of Georgia School of Law (2013)
 

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Series Editor, Anthem Sustainabilitiy and Risk Series, Anthem Press (2012)

Uncertainty, precaution and risk are inextricably linked with each other, and with the public policy...

 
Combat Strategies and the Law of War in the Age of Terrorism, Filling Power Vacuums in the New Global Legal Order (2012)

Analysis of the need for new rules of engagement and a modified understanding of the...

 
The Transatlantic GMO Dispute Against the European Communities, Agriculture and Food Systems, Vermont Law School (2012)
 
Climate Engineering, Global Environmental Constitutionalism, Clough Center for the Study of Constitutional Democracy (2012)
 
A World of Choices, New Zealand Centre of International Economic Law, Victoria University of Wellington (2011)
 
International Environmental Law, Wageningen University (2010)
 
Insights into the Administrative State, Boston College Law School (2010)

David Wirth has conducted numerous sessions of "Insights into the Administrative State" at Boston College...

 
Un regard extérieur: Back-impact of EU Measures on US Regulatory Regimes, Les échanges entre les droits, l’expérience communautaire (2006)
 
Workshop Instructor: “International Environmental Policy, Negotiations, and Law”, MSc Program in Nature, Society, and Environmental Policy (2006)
 
Review of Experience to Date with Article 13 of the North American Agreement on Environmental Cooperation, Joint Public Advisory Committee of the North American Commission for Environmental Cooperation (2005)
 
The Pros and Cons of the WTO’s Sanitary and Phytosanitary Agreement: US v. EU Approaches, Second Annual Solutions Conference at Vermont Law School (2005)
 
The Globalization of Environmental Policy, Hamilton Hall Lecture Series (2005)
 
Trade Disputes over Science: The European Union’s Ban on Hormone-Treated Beef and Genetically Engineered Foods and Crops, Environmental Policy Group, Department of Urban Studies and Planning at the Massachusetts Institute of Technology (2004)
 
Workshop Co-Instructor: “International Environmental Policy, Negotiations, and Law", Oxford University Master of Science Program in Nature, Society, and Environmental Policy (2004)
 
Panelist: “Public International Law—Dead or Alive?”, Massachusetts Lawyers Alliance for World Security and the Ford Hall Forum (2003)
 
Joining Together, Standing Apart: National Identities after NAFTA (with Robert Pastor, Alejandro Nadal, Louis Ortmayer, Leon Bendensky, Daniel Salee, Jill Norgren, Serena Nanda, and Dorinda Dallmeyer), Conferences and Symposia (1995)

The North American Free Trade Agreement (NAFTA) was not conceived of by its negotiators nor...