Richard Stewart

New York University | NYU · School of Law

The Trans-Pacific Partnership (TPP) is the first fully formed attempt at a new type of geopolitical and economic ordering project we call megaregulation. This introduction draws on the volume’s thirty further chapters to distill TPP’s essence and critically appraise its significance in the Asia-Pacific and beyond. TPP’s megaregulatory project uses...

The Trans-Pacific Partnership (TPP) brings into legal effect a new form of inter-governmental economic ordering and regulatory governance on an extended “megaregional” scale. This chapter proposes the concept of “megaregulation” as a way to understand what is distinctive about TPP and about the particular type of governance project which it partly...

The Trans-Pacific Partnership (TPP) includes many and varied administrative law obligations for the parties’ domestic regulation and administration which form an integral part of its megaregulation project. These treaty requirements for regulatory procedures operate as instruments of transnational remote control by empowering private actors to use...

The Paris Agreement cemented a new framework for global climate policy based on the voluntary and non-legally binding emission reduction actions by both developed and developing countries. The building blocks strategy for climate action discussed in this Special Issue is well adapted to and strongly complements this new structure. Building blocks f...

The likely future global climate regime, based on nationally determined, non-legally binding commitments, is not by itself likely to produce emissions reductions sufficient to prevent dangerous climate change. There is, however, already significant mitigation occurring outside the context of the UNFCCC that could potentially be scaled up to fill th...

Global administrative law (GAL) scholarship largely follows a positivist approach. A priority is systematic work, both theoretical and applied, on the normative foundations and performance of GAL’s procedural and institutional elements. This enterprise must address four overlapping types of normative contributions that GAL can make to global regula...

NYU Law’s Guarini Center submitted this amicus brief to the Supreme Court supporting the US government’s position in the case Federal Energy Regulatory Commission v. Electric Power Supply Association.The outcome of the case will determine the extent to which the Federal Energy Regulatory Commission (FERC) can regulate and promote demand response pr...

A myriad of specialized and fragmented global regulatory bodies wield ever-increasing power and influence. In making decisions, these mission-oriented authorities tend systematically, due to deep-seated structural factors, to give greater regard to the interests and concerns of some actors, especially powerful states and well-organized economic act...

This essay proposes an innovative institutional strategy for global climate protection, quite distinct from but ultimately complementary to the UNFCCC climate treaty negotiations. Our “building block” strategy relies on a variety of smaller-scale transnational cooperative arrangements, involving not only states, but also subnational jurisdictions,...

Emerging administrative law mechanisms are influencing decision making and rule making in the growing variety of global regulatory structures. These include international organizations, intergovernmental networks, distributed administration, and both hybrid public/private and private transnational regimes. We define Global Administrative Law (GAL)...

The paper presents an innovative institutional strategy for global climate protection, quite distinct from, but ultimately complementary to the stalled UNFCCC climate treaty negotiations. The building blocks strategy relies on a variety of smaller-scale transnational cooperative arrangements, involving not only states but sub-national jurisdictions...

The Durban Platform for Enhanced Action holds out the promise of progress towards a climate treaty that includes greenhouse gas (GHG) emissions limitations commitments by all major emitting countries, including developing as well as developed countries. But as the UNFCCC process still faces significant obstacles, it needs to be supplemented, suppor...

This article examines the WTO development of Global Administrative Law (GAL) norms of transparency, participation, reason giving and review. Vertically, the WTO has significantly improved members’ domestic administration by requiring adherence to GAL norms. But internally, it has failed to follow such norms in decision making by its own administrat...

This essay provides an overview of enforcement mechanisms and issues in transnational public regulation. Regimes of transnational regulation (environment, finance, security, intellectual property, etc.) established by states and networks of domestic government officials use a variety of regulatory instruments, including economic incentives. Lack of...

After several decades of significant but incomplete successes, environmental protection in the United States is stuck. Administrations under presidents of both parties have fallen well short of the goals of their environmental statutes. The book identifies the core problems with existing environmental statutes and programs and explains how Congress...

In response to demands for greater accountability and responsiveness in global regulatory governance, global administrative law (GAL) decision-making mechanisms of transparency, participation, reason giving, and review have emerged in many global regimes, the WTO system. This paper shows how three aspects of the WTO regime can fruitfully be underst...

International and domestic regulatory and trade law and policy governing GMO crops and foods produced through genetic engineering poses a variety of sharp challenges for developing countries. Many developing countries, including Argentina, Brazil, China, and South Africa, are making wide use of GMO plants for food and cotton. Highly restrictive env...

Climate finance is fundamental to curbing anthropogenic climate change. Compared, however, to the negotiations over emissions reduction timetables, commitments, and architectures, climate finance issues have received only limited and belated attention. Assuring delivery and appropriate use of the financial resources needed to achieve emissions redu...

Preventing risks of severe damage from climate change not only requires deep cuts in developed country greenhouse gas emissions, but also enormous amounts of public and private investment to limit emissions while promoting low-carbon growth in developing countries. While attention has focused on emissions limitations commitments and architectures,...

This essay serves as an introduction to the Breaking the Logjam project, a joint undertaking of New York Law School and NYU School of Law to propose concrete and comprehensive reforms to federal environmental laws. It discusses the impetus for the project and the four guiding principles for environmental reform around which it was organized: (1) su...

The current U.S. system of nuclear waste law and policy is bankrupt. Twenty years after the designation by Congress of Yucca Mountain as the only potential site for a deep geologic repository to receive spent nuclear fuel and high level waste from reprocessing, the proposed Yucca repository remains mired in controversy and unremitting opposition by...

In their policy forum “A Madisonian approach to climate policy” (16 Sept. 2005, p. [1820][1]), D. G. Victor et al. oppose international cap and trade agreements with binding greenhouse gas emissions limitations. They argue for bottom-up local policy experiments as the best way to promote action

This paper, a distillation of findings from the NYU Global Administrative Law Research Project, considers the emergence and the need for further development of administrative law mechanisms to promote greater accountability in decision making and rulemaking in the rapidly proliferating variety of global regulatory structures. These include formal i...

By way of overview, we set out in this Foreword some core elements of the concept of Global Administrative Law that animates this symposium; these ideas are developed in greater detail in the framing paper by Kingsbury, Krisch and Stewart.2 We then note briefly some of the many elements that are developed in the other nine papers in the symposium....

This Article examines the potential for drawing on U.S. administrative law in the development of a global administrative law to secure greater accountability for the growing exercise of regulatory authority by international or transnational governmental decision- makers in a wide variety of fields. It discusses how U.S. administrative law and pract...

Transnational Governance and Constitutionalism edited by Christian Joerges, Inger-Johanne Sand, and Gunther Teubner Hart Publishing, Oxford and Portland Oregon, 2004, pp. xv, 375 - - Volume 4 Issue 2 - RICHARD STEWART

International cooperation on building a climate policy is discussed. It is suggested that the climate policy would engage key countries that would allow to test and evaluate international climate regulation. It is also suggested that regulation of emissions through a cap-and-trade system is one of the tool in a good climate policy. It is believed t...

In their comprehensive analysis of the Kyoto Protocol and climate policy, Richard B. Stewart and Jonathan B. Wiener examine the current impasse in climate policy and the potential steps nations can take to reduce greenhouse gases. They summarize the current state of information regarding the extent of global warming that would be caused by increasi...

Zebrafish have become a widely used model organism in developmental biology research. In order to initiate an experimental foundation for aging studies, we have determined some basic gerontological parameters for populations of outbred zebrafish, and the golden sparse strain. Outbred zebrafish manifested a mean life span of about 42 months, with th...

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This book provides a comparative analysis of environmental regulation in multi-jurisdictional legal and political systems, focusing on the United States, the European Union, and the international community. Each of these systems must deal with environmental interdependencies that cross local borders, in some cases creating regional problems, such a...

Analyzing Superfund: Economics, Science, and Law probes key issues involved in the Superfund reauthorization debate and analyzes the future of this controversial environmental liability and remediation program. Revesz and Stewart bring together important theoretical and empirical work from the research community on four issues central to the evalua...

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The traditional model of American administrative law has been centrally concerned with restricting administrative actions to those authorized by legislative directives. Professor Stewart traces the development and disintegration of the traditional model, which has proven unsuccessful in its effort to reconcile the discretionary power enjoyed by age...

This Essay concludes, based on a political economy analysis, that many states, cities, and other sub-national authorities (SNAs) will continue to take strong independent climate regulatory initiatives even after the federal government adopts a broad cap-and-trade system. Should federal law allow SNAs to do so? In order to answer this question, this...

Although environmental regulatory agencies have endorsed widespread use of mitigation measures and reviewing courts have upheld its use, agencies and courts have failed to provide a legal rationale for using mitigation in lieu of the technology-based or other controls provided in regulatory statutes. Some environmental advocates have attacked the u...

I Introduction This paper examines the potential for drawing on American administrative law in the development of a global administrative law 2 to secure greater accountability for the growing exercise of regulatory authority by international or transnational governmental decision makers in a wide variety of fields. A global administrative law must...