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DANIEL
M. BODANSKY
Woodruff Professor of International Law
| Employment |
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Academic:
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University of Georgia
School of Law, July 2002-present
Woodruff
Chair of International Law; Associate Dean for Faculty Development. Courses in International Law, International
Trade Law, Foreign Relations Law, International Environmental Law, Perspectives
on the Legal Process.
University
of Washington School of Law, Fall 1989 - June 2002 (leave of absence, August 1999-August 2001)
Professor of Law & Adjunct Professor, School of Marine
Affairs.
George
Washington School of Law, Spring 2000
Adjunct Professor.
Course taught: International Organizations.
Georgetown University Law Center, 1988-1989
Adjunct
Professor. Graduate course in
International Human Rights Law.
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Other:
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U.S.
Department of State, August 1999-June 2001
Climate Change
Coordinator.- Senior adviser and
negotiator at Fifth and Sixth Conferences of the Parties to the U.N.
Framework Convention on Climate Change (1999, 2000); Head of U.S.
Delegation to the Intergovernmental Panel on Climate Change Plenary (2000)
and Working Group III meeting (2001).
Office of the Legal Adviser, U.S. Department of
State,
1985-1989
Attorney-Adviser.- Office of Human
Rights and Refugees (1985-1988); Office of Oceans, InternationalEnvironmental and Scientific Affairs
(1988-1989).
Judge Irving Goldberg, U.S. Court of Appeals for
the Fifth Circuit, 1984-1985
Law Clerk.
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Education
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Yale Law School, 1981-1984
J.D., 1984. Member, Yale Law Journal. Jessup International Law Moot Court Competition.
Cambridge University, 1979-1981
M.Phil., History and Philosophy of Science, 1981. National
Science Foundation Graduate Fellowship. Thesis: "Theory Change in
Nineteenth Century Evolutionary Thought."
Harvard University, 1974-1979
A.B. magna cum laude in Social Studies, 1979. Phi Beta Kappa. John Harvard Prize. Deter Prize.
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Awards and Fellowships
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Jean Monnet Fellowship, European University Institute, Florence, Italy, April-August, 1998
Council on Foreign Relations International Affairs Fellowship,
1991-1992 (studied the negotiation of the U.N. Framework Convention on
Climate Change).
Pew Faculty Fellowship in International Affairs, 1991-92.
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| Scholarly Publications |
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| Books: |
The
Role and Limits of International Environmental Law (Harvard University
Press, expected publication date 2007)
Oxford
Handbook of International Environmental Law, eds. (with Jutta Brunnee and
Ellen Hey) (Oxford University Press, forthcoming January 2007)
Legal Regulation of the
Effects of Military Activity on the Environment (Erich Schmidt Verlag
2003)
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Scholarly Articles:
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“International Law in Black and White,” Georgia Journal of International & Comparative
Law, vol. 34, pp. 285-304 (2006)
“Symposium on the ILC’S State Responsibility
Articles: Introduction and Overview,” American Journal of International Law,
vol. 96, pp. 773-91 (October 2002) (with John Crook)
“What’s
So Bad about Unilateral Action to Protect the Environment?” European
Journal of International Law, vol. 11, pp. 339-47 (2000)
·
Excerpted
in Anthony D’Amato & Jennifer Abbassi, International
Law Today
(West 2006)
“The
Legitimacy of International Governance: A Coming Challenge for International
Environmental Law?,” American Journal of
International Law, vol. 93, pp. 596-624 (July 1999)
Excerpted in:
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Oona
Hathaway & Harold Koh, eds., Foundations
of International Law
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Anthony
D’Amato & Jennifer Abbassi, International
Law Today (West 2006)
(Foundation 2004)
“The Role of National Courts
in the Field of International Environmental Law” (with Jutta Brunnée), and
“International Environmental Law in United States Courts,” Review
of European Community and International Environmental Law, vol. 7, pp.
11-20, 57-62 (1998)
·
Reprinted
in: Michael Anderson and Paolo Galizzi, International
Environmental Law in National Courts (2002)
“May We Engineer the Climate?” Climatic
Change, vol. 33, pp. 309-21 (1996)
“Customary (and Not So Customary) International
Environmental Law,” Indiana Journal of
Global Legal Studies, vol. 3, pp. 105-19 (1995)
Excerpted in:
·
Hunter
et al., International Environmental Law
and Policy (Foundation 2d ed. 2002)
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Paula
M. Pevato, ed., International
Environmental Law (Library of Essays in International Law) (Ashgate 2003)
“International Law and the Protection of
Biological Diversity,” Vanderbilt Journal
of Transnational Law, vol. 28, pp. 623-34 (1995)
·
Excerpted
in Reisman et al, International Law in
Contemporary Perspective
(Foundation 2004)
"The Emerging Climate
Change Regime," Annual Review of
Energy and Environment, vol. 20, pp. 425-61 (1995)
"Managing Climate
Change," Yearbook of International
Environmental Law - 1992, vol. 3, pp. 60-74 (G. Handl ed. 1993)
"The U.N. Framework Convention on
Climate Change: A Commentary," Yale
Journal of International Law, vol. 18, pp. 451-558 (1993)
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Commemorated
as one of the 10 most-cited articles in the first 25 years of the Yale Journal of International Law, vol.
25, pp. 315-21, with commentary by Daniel C. Esty
·
Excerpted
in Greening International Law
(Philippe Sands, ed., The New Press, 1994)
"Protecting the Marine Environment from
Vessel Source Pollution: UNCLOS III and Beyond," Ecology Law Quarterly, vol. 18, pp. 719-77 (1991)
·
Excerpted
in Hunter et al., International
Environmental Law and Policy
(Foundation 2d ed. 2002)
"Scientific Uncertainty
and the Precautionary Principle," Environment,
vol. 33, pp. 4-5, 43-44 (Sept. 1991) (see also exchange of letters, Environment, vol. 34, pp. 2-4 (April
1992))
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Excerpted in Hunter et al., International Environmental Law and Policy (Foundation 2d ed. 2002)
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Book Chapters
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“Introduction” (with Jutta Brunnee and Ellen Hey) and
“Legitimacy,” in Oxford Handbook of
International Environmental Law (Daniel Bodansky, Jutta Brunnee & Ellen
Hey, eds., forthcoming Jan. 2007)
“The International Climate Change Regime,” in Perspectives on Climate Change: Science,
Economics, Politics, Ethics (Walter Sinnott-Armstrong & Richard B.
Howarth, eds., Elsevier 2005)
“Non-Treaty Lawmaking,” in Developments of International Law in Treaty Making (Max Planck
Institute 2005)
“Deconstructing the Precautionary Principle," in Bringing New Law to Ocean Waters (David
D. Caron & Harry N. Scheiber, eds., Brill, 2004)
“Transatlantic Environmental
Relations: The Growing Rift between US and European Climate Change Policies,”
in Europe, America and Bush, pp.
58-68 (Mark Pollack & John Peterson, eds., Routledge 2003)
“The Role of Reporting in International Environmental Treaties:
Lessons for Human Rights Supervision,” in The
Future of the U.N. Human Rights Treaty System, pp. 361-80 (Philip Alston
& James Crawford, eds., Cambridge University Press, 2000)
“Non Liquet and the Incompleteness of International Law,” in International Law at the Close of the 20th
Century: The Nuclear Weapons Advisory Opinion, pp. 153-70 (Philippe Sands
and Laurence Boisson de Chazournes, eds., Cambridge University Press, 1999)
"The Precautionary
Principle in U.S. Environmental Law," in Interpreting the Precautionary Principle, pp. 203-28 (T. O'Riordan
& James Cameron, eds., Cameron & May 1994)
"Prologue to the
Climate Change Convention," in Negotiating
Climate Change: The Inside Story of the Rio Convention, pp. 45-74 (Irving
Mintzer & J.A. Leonard, eds., Cambridge University Press 1994)
"Human Rights and Universal Jurisdiction," in World Justice? U.S. Courts and International Human Rights, pp. 1-22 (Mark
Gibney ed. 1991) |
| Book Reviews |
Eyal Benvenisti, Sharing Transboundary Resources (2002),
in American Journal of International Law,
vol. 99, pp. 280-84 (2005)
Joyeeta Gupta, The Climate Change Convention and Developing Countries: From Conflict to Consensus? (1997), in American Journal of International Law, vol. 92, pp. 172-74 (1998).
Karol Wolfke, Custom in Present International Law, in Michigan Journal of International Law (1993), vol. 16, pp. 667-79 (1995)
Alan Boyle & Patricia Birnie, International Law and the Environment (1992), in American Journal of International Law, vol. 88, pp. 408-11 (1994).
Gerard Mangone, Marine Policy for America (1988), in International Journal of Estuarine and Coastal Law, vol. 6, pp. 79-81 (1991). |
Other Publications
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“Non Liquet,” in Encyclopedia of Public
International Law (forthcoming Oxford University
Press)
International Climate Efforts beyond 2012: A Survey of
Approaches (Pew Center on Global Climate Change, 2004) (with contributions from
Sophie Chou and Christie Jorge)
“The Uses of
International Sources in Constitutional Interpretation,” Georgia J. Int’l & Comp. L. 421 (2004)
“Climate Commitments: Assessing the
Options" in Beyond Kyoto: Advancing
the International Effort against Climate Change (Pew Center on Global
Climate Change, 2003)
US Climate Policy after
Kyoto: Elements for Success, Carnegie Endowment for International Peace Policy
Brief (April 2002)
"Bonn
Voyage: Kyoto's Uncertain
Revival," The National Interest, pp. 45-55 (Fall 2001)
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Excerpted
in Robert J. Art & Robert Jervis, International
Politics: Enduring Concepts and Contemporary Issues (6th ed.
2003)
Linking
US and International Climate Change Policies, Pew Center on Global Climate
Change Policy, White Paper (April 2002)
White Paper: Implications for U.S. Companies of Kyoto’s
Entry into Force without the United States, Pew Center on Global
Climate Change White Paper (Jan. 2002)
“Framework Convention on
Climate Change” and “Precautionary Principle,” in Encyclopedia of Global Change (Andrew Goudie, ed., Oxford
University Press, 2001)
The Framework
Convention/Protocol Approach, World Health Organization, Framework
Convention on Tobacco Control Technical Briefing Services, WHO/NCD/TFI/99.1
(1999)
What Makes
International Agreements Effective?
Some Pointers for the WHO Framework Convention on Tobacco Control,
World Health Organization, Framework Convention on Tobacco Control Technical
Briefing Services, WHO/NCD/TFI/99.4 (1999) |
| Papers and Addresses |
“Normativity and
Legitimacy,” Symposium on Legitimacy in International Law, Max Planck
Institute, June 2006
“Targets and
Timetables: Good Policy but Bad
Politics?” Workshop on Architectures for Agreement, Environmental Economics
Program, John F. Kennedy School of
Government, Harvard University, May 2006 (forthcoming in Architectures for Agreement: Addressing Climate Change in the
Post-Kyoto World, ed. by Robert Stavins and Joseph Aldy)
“Does One Need to
Be an International Lawyer to Be an International Environmental Lawyer?”
American Society of International Law, Annual Meeting, March 2006 (forthcoming
in Proc. Am. Soc. Int’l L.)
“Closing
Commentary,” Conference on Global Warming:
Looking Beyond Kyoto, Yale Center for the Study of Globalization,
October 2005
“Combating Climate
Change: Where Do We Go From Here?”
Michigan Law School, March 2005
“Science, Tourism
and the Antarctic Environment,” Antarctic Institute of Chile, Punta Arenas,
Chile, December 2004
“Rules vs.
Standards in International Environmental Law,” American Society of
International Law, Annual Meeting, April 2004 (98 Proc. Am. Soc. Int’l L.275)
“A Taxonomy of Non-Treaty Lawmaking,”
Max Planck Institute for Comparative Public Law and International Law,
Heidelberg, November 2003
“The Rise (and Fall?)
of the Kyoto Protocol,” Roger S. Aaron Lecture, Dartmouth College, May 2003
“The United States and
Global Warming,” Baker Peace Conference, Ohio University, April 2003
“Rules and Standards
in International Law,” New York University Law School, March 2003
“How to Make Progress
on Climate Change Post-Kyoto: Lessons from the Past,” IFRI-RFF Workshop on
Climate Change, Paris, March 2003
“The Position of the USA on Kyoto and on Climate Change
Management,” Conference on the Kyoto Protocol without America, European
University Institute, Florence, June 2002
“Transatlantic Environmental
Relations: The Growing Rift between U.S. and European Climate Change Policies,”
University of Wisconsin, Madison, April 2002
“The Precautionary
Principle,” Boalt Hall, University of California at Berkeley, April 2002
“Transatlantic Environmental
Relations,” European University Institute, Florence, February 2002
“The Bonn and Marrakech Climate Change Accords,” American
Association of Law Schools Annual Meeting, New Orleans, January 2002
“September 11: International Law and Its Limits,” Fletcher
School of Law and Diplomacy, November 2001
“The Climate Change Regime
after Marrakech: Winners and Losers,”
Carbon Finance Conference, New York, November 2001
“Emerging Climate Change
Proposals,” Climate Policy Conference, Venice, Italy, September 2001
"W[h]ither Climate
Change Policy," Resources for the Future, August 2001
“The Legitimacy of
International Environmental Law: Is There a Democratic Deficit,” Berkeley,
November 1998; UCLA, January 1999; Johns Hopkins School of Advanced
International Studies (SAIS), February 2000, University of California, Berkeley,
April 2001
“The Role of Unilateralism
in International Environmental Law,” Joint US-European Symposium, University of
Michigan Law School, September 1999
Panel Chair, First
International Conference on Addressing the Environmental Consequences of War,
Smithsonian Institution, June 10-12, 1998
“The Antarctic Treaty System
and the Problem of Legitimacy,” Conference on Antarctica, Graduate Institute
for Advanced International Studies, Geneva, June 15-16, 1997
Co-Chair, Workshop on
International Environmental Law in National Courts, American Society of
International Law, Annual Meeting, Washington D.C., April 1997. Also presented paper on “International Environmental
Law in U.S. Courts”
“International Environmental
Reporting: Lessons for Human Rights,” Conference on the Future of the U.N.
Human Rights Treaty System, Research Center for International Law, Cambridge,
England, March 1997
Commentator, Panel on
Pollution Control, AALS/ASIL Workshop on International Law, Washington, D.C.,
June 1996
“Climate Engineering,” Aspen
Global Change Institute Summer Session on
Improving the Effectiveness of the Climate Convention, Aspen, Colorado,
Aug. 9, 1995
“The Antarctic Environment
Protocol,” Antarctic Environment Management Workshop, National Science
Foundation, Santa Fe, New Mexico, March 14-17, 1995
"The Cult of Customary
International Environmental Law," Indiana Journal of Global Legal Studies
Annual Symposium, International Environmental Laws and Agencies: The Next
Generation, Indiana University School of Law, March 8, 1995
"International Law and
Biological Diversity," Vanderbilt University School of Law, Symposium on
Biodiversity: Opportunities and Obligations, January 20, 1995
"May We Engineer the
Climate," American Association for the Advancement of Science, Annual
Meeting, San Francisco, February 20, 1994
"The Value-Added of
International Environmental Agreements," American Society of International
Law, Annual Meeting, Washington, D.C., April 2, 1993 (87 Proc. Am. Soc'y Int'l L.)
"International Trade
Implications of Environmental Standards," ROC/US Environmental Law and
Management Conference, National Sun Yat-sen University, Kaohsiung, Taiwan,
March 23, 1993
"Global Warming: The
Role of International Law," University of California at Berkeley, November
13, 1992
"UN Climate Change
Negotiations," The Association of the Bar of the City of New York, New York,
May 4, 1992
Discussant, Panel on Climate
Change: Lessons from Institutional and Legal Analyses, International Studies
Association, Annual Meeting, Atlanta, April 4, 1992
Chair, Panel on
Jurisprudence of International Law, American Society of International Law,
Annual Meeting, Washington, D.C., April 1, 1992
"The Precautionary
Principle: Scientific Uncertainty and
International Environmental Law," American Society of International Law,
Annual Meeting, Washington, D.C., April 19, 1991 (85 Proc. Am. Soc'y Int'l L. 413-17)
"New Directions for the
Law of the Marine Environment," Panel on the Law of Ocean Uses, New York,
April 1990
“Encouraging Compliance with
High Seas Rules," Resources or
Freedoms on the High Seas: Policing the Ocean Commons, Council on Ocean
Law, Washington, D.C., February 1990
"Domestic Procedures to
Enforce International Human Rights Norms," International Institute of
Human Rights, 19th Study Session, Strasbourg, France, July 1988
"International Law Issues of the Alien Tort
Statute," American Society of International Law, Annual Meeting,
Washington, D.C., April 22, 1988 (82 Proc. Am. Soc'y Int'l L. 470-74) |
Consulting
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Pew Center on Global Climate Change, Fall 2001-present
Consultant and senior adviser on Beyond Kyoto project. Author of white papers and think pieces on climate change issues.
Marine Mammal Commission, June - December 2003
Prepared opinion concerning US authority under international law to regulate ship strikes of right whales.
German Environmeant Agency, 2002-2003
Prepared report on legal regulation of the effects of military activity on the environment.
United Nations
Consultant to the World Health Organization (1998-1998), the UN Climate
Change Secretariat (1996), the UNEP Information Unit for Conventions
(1993-1994) and the UN Conference on Trade and Development (1992) (to
assist the Secretariat of the Intergovernmental Negotiating Committee
for a Framework Convention on Climate Change).
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| Professional Activities |
Board of Editors, American Journal of International Law, 2001-present. Editor, of “International Decisions”
section, 2005-prsent. Co-edited October 2002 symposium issue on the
International Law Commission Articles on State Responsibility
Member, Council on Foreign
Relations (elected, January 2004)
Executive Council, American
Society of International Law, 1996-1998, 2003-2006.
U.S.-nominated arbitrator
under the Antarctic Environment Protocol, 1998-present.
Visiting Scholar, Resources
for the Future, June-August 2001.
Member, IUCN Commission on
Environmental Law, 1997-1999.
Editorial Board, Review of European Community and
International Environmental Law (Basil Blackwell Publishers Ltd.),
1992-1999.
Editorial Board, Journal of Environment and Development,
1995-1999 (peer-reviewed journal published by Sage).
Chair, International
Environmental Law Interest Group, American Society of International Law, 1992-1998.
Yearbook of International Environmental Law (Graham & Trotman /
Oxford University Press), Associate Editor, 1991-1994, 1997; Advisory Board,
1997-present.
Member, Public International
Law and Policy Group, Carnegie Endowment for International Peace, 1996-1998.
Member, Committee on Coastal
State Jurisdiction over Marine Pollution, International Law Association,
1992-1997.
Member, Committee on
Antarctic Policy and Science, National Academy of Sciences, Dec. 1992 - May
1993.
Adviser to the Secretariat
for the U.N. Framework Convention for Climate Change, 1992, 1996.
Vice-Chair, International
Environmental Law Committee, Section of Natural Resources, Energy, and
Environmental Law, American Bar Association, 1993-1994, 1997.
Member: American Society of International Law,
International Law Association. |
Personal
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Born:
Seattle, Washington, July 7, 1956
Married with 2 daughters. |
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