PRE-PUBLICATION DRAFT about the authors about the authors James Cameron is a founder of Climate Change Capital and head of Climate Change Policy Advisory and Chairman of the Advisory Board. He is Counsel to Baker & McKenzie and was the founder and until recently, the head of their Climate Change Practice. Mr. Cameron is an international lawyer who has spent much of his career working on climate change matters. He was a founder director of CIEL and FIELD, he negotiated the UNFCCC and Kyoto Protocol as an adviser to the Alliance of Small Island States (AOSIS) and he wrote the first law review article on climate change and State Responsibility in 1990. He has held academic positions at Cambridge, London, Bruges and Sydney and is currently affiliated with the Yale Centre for Environmental Law and Policy. As a barrister he appeared in several of the leading cases in environmental law and the most significant international law case in recent times, that concerning the arrest of General Pinochet. He is the Chairman of the Carbon Disclosure Project and of Cameron May, the international law publishers. He is also a member of the governing board and treasurer of REEEP (Renewable Energy & Energy Efficient Partnership). Paul Curnow is a Senior Associate in Baker & McKenzie's Global Climate Change and Clean Energy Practice and is at the forefront of the law and policy around carbon markets and emissions trading. He advises a range of Australian and international private sector clients on carbon market opportunities, including a number of marketleading funds on CDM, JI and voluntary carbon transactions in a range of jurisdictions. Mr. Curnow has also advised a range of government clients, including the Australian and Chinese governments, on climate change law and policy. Prior to Baker & McKenzie, Paul worked for the Australian Greenhouse Office representing the Australian Government in the international climate change negotiations. Kevin Doran joined the faculty of the University of Colorado Law School in 2004. As a Senior Research Fellow to the School of Law's Energy and Environmental Security Initiative – an interdisciplinary research and policy center – his scholarship and teaching focus on the geopolitical, environmental, and socioeconomic dimensions of energy law and policy. Most recently his work has involved analyzing the efficacy of U.S. state and regional clean energy and climate change initiatives; and examining the effectiveness of international energy treaties in addressing global poverty and other sociopolitical issues through the medium of energy services. He is managing director of the International Sustainable Energy Assessment, a global project to analyze the yale school of forestry & environmental studies PRE-PUBLICATION DRAFT from barriers to opportunities: renewable energy issues in law and policy impact of international law on the deployment of sustainable energy technologies, and has served as the PI for numerous funded research projects that examine the interface between law, energy security, and climate change. He also serves as a faculty affiliate at the Colorado Energy Research Institute, located at the Colorado School of Mines, and is co-author of the forthcoming International Environmental Law in a Nutshell (3d ed., West) with Dr. Lakshman Guruswamy. He has organized numerous interdisciplinary symposiums, of which recent examples include: “Energy Choices for the New Century” (2006), “Legal Dimensions of Coalbed Methane and Water Quality” (2006), “Energy and the Geopolitical Landscape” (2006), “The Economic Reality of Energy Choices” (2005), and “Building the Hydrogen Economy” (2005). Prior to his current appointment he worked as an attorney and research associate at the Natural Resources Law Center in Boulder, Colorado, specializing in international environmental law. He attended the University of Colorado Law School, where he served as an editor of the Colorado Law Review and President of the Environmental Law Society. He is currently a member of the governing board for the National Association of Environmental Law Societies. Louisa Fitz-Gerald is a lawyer in Baker & McKenzie’s Global Clean Energy and Climate Change group. Ms. Fitz-Gerald’s key focus is advising on opportunities in global carbon, emissions trading and renewable energy markets, as well as international climate and renewable energy law and policy more broadly. She has undertaken several projects in conjunction with REIL, including a case study on the impact of Australia's international obligations on the renewable energy industry and an assessment of the newly developed framework Renewable Energy Law in China. Bradford S. Gentry is a Senior Lecturer and Research Scholar at the Yale School of Forestry & Environmental Studies, as well as Co-Director of Yale’s Center for Business and the Environment.Trained as a biologist and a lawyer, his work focuses on strengthening the links between private investment and improved environmental performance. He is also of counsel to the international law firm of Baker & McKenzie, an advisor to GE’s office of corporate environmental programs, and a member of the advisory boards of Climate Change Capital in London and the Trust for Public Land in Connecticut, as well as the governing board for the Institute for Ecosystem Studies in New York. Mr. Gentry received his B.A. from Swarthmore College (Phi Beta Kappa) in 1977 and his J.D. from Harvard Law School (Magna Cum Laude) in 1981. Lakshman Guruswamy, the Nicholas Doman Professor of International Environ- mental Law, was born in Sri Lanka, and is one of the world’s recognized experts in International Environmental Law. He teaches International Law, International Environmental Law, and U.S. Environmental Law at the University of Colorado Law School, and is widely published in these subjects in legal and scientific journals. Prior to joining the University of Colorado in 2001, he taught in Sri Lanka, the UK, and the Universities of Iowa and Arizona. Dr. Guruswamy is a frequent speaker at scholarly meetings around the country and the world, and was among 20 distinguished yale school of forestry & environmental studies PRE-PUBLICATION DRAFT about the authors international law scholars (and 3 Americans) specially chosen by the International Court of Justice to speak at the symposium celebrating the 50th anniversary of the World Court. He is the author of International Environmental Law in a Nutshell (2d ed. 2003), Legal Control of Land Based Sea Pollution (1982), and the co-author of: International Environmental Law and World Order (2nd. 1999), Biological Diversity: Converging Strategies (1998), and Arms Control and the Environment (2001). Dr. Guruswamy is also the Director of the School of Law's Energy and Environment Security Initiative, in interdisciplinary research and policy center that seeks to find renewable energy solutions for the energy deficits confronting not only the United States, but more particularly the developing countries of the world. He has organized numerous interdisciplinary symposiums including: “Energy and the Environment: Intersecting Global Issues” (1992), “Biological Diversity: Exploring the Complexities” (1994), “Redefining Environmental Protection” (1997), “Bioinvestment, Biobanks and Bioproperty” (1998), “Arms and the Environment: Preventing the Perils of Arms Control” (1999), and “The Cartography of Governance: Exploring the Province of Environmental NGO’s” (2001). He is the author of over 30 scholarly articles published in law reviews as well as peer reviewed journals. Jennifer A. Haverkamp, an independent consultant based in Washington, DC. and an adjunct professor of international environmental law and policy, is the Principal Trade Expert for REIL (Renewable Energy and International Law). From 1995 to 2003 she was the Assistant U.S. Trade Representative for Environment and Natural Resources at the Office of the United States Trade Representative (USTR) within the Executive Office of the President. Prior to that appointment, she served as the Deputy Assistant U.S. Trade Representative for Environment and Natural Resources and as a director in USTR’s Office of North American Affairs and Office of Intellectual Property and Environment. She was responsible for the negotiation of environmental components of U.S. bilateral, regional, and multilateral trade agreements, including the World Trade Agreement’s Doha Development Agenda, and the U.S.-Chile and U.S.-Singapore Free Trade Agreements. She also headed the U.S. delegation that renegotiated the International Tropical Timber Agreement in 1994; participated in the negotiation of the environmental and labor side agreements to the North American Free Trade Agreement (NAFTA); and oversaw the negotiation of the trade-related components of multilateral environmental agreements, including the Cartegena Biosafety Protocol and the U.N. agreement on Persistent Organic Pollutants (POPs). Before joining USTR in 1993, Ms. Haverkamp was the Special Assistant to the Assistant Administrator for Enforcement of the Environmental Protection Agency; an attorney with the U.S. Department of Justice’s Environment and Natural Resources Division (receiving the Attorney General’s John Marshall award for her work on the 1990 amendments to the Clean Air Act); an Associate with the Conservation Foundation, an environmental think tank now merged with the World Wildlife Fund; and a law clerk to the Honorable Betty B. Fletcher, U.S. Court of Appeals for the Ninth Circuit. She earned her J.D. at Yale Law School, an M.A. in yale school of forestry & environmental studies PRE-PUBLICATION DRAFT from barriers to opportunities: renewable energy issues in law and policy Politics and Philosophy from Oxford University (as a Rhodes Scholar), and a B.A. in Biology from the College of Wooster. Ms. Haverkamp serves on the Board of Trustees for the College of Wooster, the Board of Directors of the American Bird Conservancy, the U.S. Trade Representative’s Trade and Environment Policy Advisory Committee, the International Advisory Expert Group of UNCTAD’s BioFuels Initiative, the IUCN’s Commission on Environmental Law, and the Advisory Board of the Center for International Environmental Law. In 2003-04 Ms. Haverkamp served as one of two U.S. representatives on the North American Commission on Environmental Cooperation’s Ten Year Review Advisory Committee, producing recommendations for the CEC’s future direction. Robert Howse is an internationally recognized authority on international economic law and is also a specialist in 20th century European legal and political philosophy, particularly the thought of Alexander Kojeve and Leo Strauss. Professor Howse received his B.A. in philosophy and political science with high distinction, as well as an LL.B., with honours, from the University of Toronto, where he was co-editor in chief of the Faculty of Law Review. He also holds an LL.M. from the Harvard Law School. He has been a visiting professor at Harvard Law School, Tel Aviv University, and Osgoode Hall Law School in Canada and taught in the Academy of European Law, European University Institute, Florence. Since 2000, Professor Howse has been a member of the faculty of the World Trade Institute, Berne, Master’s in International Law and Economics Programme. Professor Howse is Alene and Allen F. Smith Professor of Law, University of Michigan Law School. Professor Howse is a frequent consultant or adviser to government agencies and international organizations such as the OECD, UNCTAD, and the UN Office of the High Commissioner for Human Rights. He is a Reporter for the American Law Institute on WTO Law. He has acted as a consultant to the investor's counsel in several NAFTA investor-state arbitrations. He serves on the editorial advisory boards of the European Journal of International Law and Legal Issues in Economic Integration. He has also held a variety of posts with the Canadian Department of External Affairs, including as a member of the Policy Planning Secretariat and a diplomat at the Canadian Embassy in Belgrade. He is the author, co-author, or editor of five books, including Trade and Transitions; Economic Union, Social Justice, and Constitutional Reform; The Regulation of International Trade; Yugoslavia the Former and Future; The World Trading System; and The Federal Vision: Legitimacy and Levels of Governance in the EU and the U.S. He is also the co-translator of Alexander Kojève’s Outline for a Phenomenology of Right and the principal author of the interpretative commentary in that volume. Howse was named the Alene and Allan F. Smith Professor of Law in 2003. Debra Jacobson is a Professorial Lecturer in Energy Law at The George Washington University Law School. Since 2001, Ms. Jacobson also has served as the owner and principal of DJ Consulting LLC, a consulting firm specializing in energy and environmental issues. From 1974 to 1994, Ms. Jacobson served as a staff member in the U.S. House of Representatives and then the U.S. Department of Energy advising yale school of forestry & environmental studies PRE-PUBLICATION DRAFT about the authors Members of Congress and senior Department of Energy Officials on energy, environmental, and procurement matters. Ms. Jacobson received her B.A. in Environmental Studies from the University of Rochester and her law degree from The George Washington University Law School. She currently serves on the Steering Committee for the Department of Energy’s Wind Powering America Program and as an Advisor to the Renewable Energy and International Law Project. She was a member of the founding Board of Directors of the Women’s Council on Energy and the Environment in Washington, D.C. Maria Socorro Manguiat is a lawyer from the Philippines who has been working on environmental issues for the last 10 years. She obtained her degree in Economics (cum laude) from the Ateneo de Manila University College of Arts and Sciences, her Juris Doctor degree (cum laude) from the Ateneo de Manila University School of Law and her Master of Laws (LL.M.) from Harvard University. She was formerly a Legal Officer at the IUCN Environmental Law Centre and now works as a Programme Officer at the Climate Change Secretariat. Her areas of specialization include climate change and energy law. Helen McKay is Specialist Advisor with the Forestry Commission based in GB Headquarters in Edinburgh. Her three main functions include: commissioning research in the areas of physical environment, forest operations and modelling; provision of advice; and support for development of alternative (non-construction) markets. Dr. McKay has been responsible for commissioning Forestry Commission research in bio-energy for the past 6 years. She chairs the internal FC Woodfuel Coordination Group for Britain, has led a major study quantifying the woodfuel resource in Britain from primary and secondary sources, and is a member of Council of the Institute of Chartered Foresters. Leslie Parker is the founder and managing director of the Renewable Energy and International Law (REIL), an international policy and law network for clean energy, in association with the Renewable Energy and Energy Efficiency Partnership, Yale’s Center for Environmental Law and Policy, the Center for Business and the Environment at Yale, and Baker and McKenzie’s Global Clean Energy and Climate Change Practice. REIL is a network of policy makers, business and finance, thought leaders, lawyers, and technical experts, addressing policy and law and technical issues arising in the mainstreaming of clean energy and the development of the clean energy market. REIL was founded in 2003 from a 2002 initiative of the International Energy Agency’s (IEA) Renewable Energy Unit, where Ms. Parker interned. Prior to that she held various posts in New York City government, notably, as division director in the Finance office of the Department of Social Services where she was responsible for developing and enhancing city revenue and working with the Mayor’s Office on the agency’s 12 billion dollar budget, and as an Assistant Director of the budget at the Administration for Children’s Services where she oversaw 1.2 billion dollars of the NYC city budget. She has a Masters in Art History, and worked for 11 years at the yale school of forestry & environmental studies PRE-PUBLICATION DRAFT from barriers to opportunities: renewable energy issues in law and policy Metropolitan Museum of Art, including seven in the Department of European Sculpture and Decorative arts. She attended Bryn Mawr College and New York University. Jennifer Ronk is the Deputy Director of Renewable Energy and International Law (REIL). Her research includes international investment law and renewable energy policies. Prior to joining REIL, she was the Vice-President of an environmental consulting firm, Applied Environmental Solutions, Inc., where her work focused on the investigation and remediation of contaminated soil and groundwater. Ms. Ronk received her Bachelor’s of Science degree in Geology from the University of Wisconsin – Oshkosh and her Master’s of Environmental Management degree from the Yale School of Forestry and Environmental tudies. She is a Wisconsin registered Professional Geologist. Ms. Ronk was a member of the Interstate Technology Regulatory Commission, and a technical reviewer for their Passive Diffusion Bag Sampler Working Group, a former Vice-President of Women in Science in southeastern Wisconsin, a member of Women Environmental Professionals, and a past member of the Society of American Military Engineers. Linda Siegele is a Staff Lawyer at the Foundation for International Environmental Law and Development (FIELD). Her current areas of work involve intellectual property, traditional knowledge and biodiversity issues. Prior to joining FIELD, Linda served as the Principle Research Associate for the Renewable Energy & International Law (REIL) Project in Washington, DC, where she investigated a wide range of issues including the law and policy considerations behind the creation of a multilateral renewable energy agreement. Linda holds an LLM degree from University College London (UCL), and a JD with honours from the University of Denver. While at UCL, Linda wrote a dissertation on the use of market-based regulation for encouraging the development of renewable energy sources. Before pursuing a career in international environmental law, Linda headed the tax department of PricewaterhouseCoopers in St Petersburg, Russia. A native English speaker, she also speaks Spanish and Russian and has taught law classes at the post-graduate level. Martijn Wilder heads Baker & McKenzie’s global climate change and emissions trading practice (with over 50 lawyers across the world) and is regarded as one of the world's leading carbon and climate change legal experts, having worked in the area for over 10 years. Representing an international client base he has advised a number of governments on the development of climate change and emissions trading laws and advises clients on international carbon transactions on a daily basis. Of particular note he is the lead external counsel to the World Bank’s Carbon Finance Business, the European Carbon Fund, Peony Capital, The Japanese Carbon Fund, the Climate Change Capital Carbon Fund No.1 and Climate Change Capital Carbon Fund No.2 and works with other multi-laterals such as the Asian development Bank, international financial instructions and corporations. Mr. Wilder is also: Chairman of the NSW Premier’s Greenhouse Advisory Panel; on the Governing Board of REEEP: yale school of forestry & environmental studies PRE-PUBLICATION DRAFT about the authors Vice-President of the International Law Association (Australian branch); a Governor of World Wildlife fund; and President of TRAFFIC (Oceania). He has honours degrees in both Economics and Law and a LLM (Master of Laws) from the University of Cambridge where he studied as a Commonwealth Trust Scholar. He has published widely in the climate change and international law area. Monique Willis is a lawyer in Baker & McKenzie’s Global Clean Energy and Climate Change practice. Ms. Willis advises multilateral institutions, government and private companies on emissions trading under the Kyoto Protocol and voluntary carbon markets. Her clients include the World Bank, the European Carbon Fund, Japan Carbon Finance Ltd., Standard Bank and Rabobank International. She is a co-author of the UNEP Guidebook on Legal Issues and the Clean Development Mechanism. yale school of forestry & environmental studies REIL is an international network of policy makers, investors, thought leaders, lawyers, and technical experts, addressing the policy, financial and technical aspects of the developing clean energy markets. Yale F&ES Publication Series Report Number 11 April 2007 Leslie Parker, REIL; Jennifer Ronk, REIL; Bradford Gentry, Yale School of Forestry & Environmental Studies; Martijn Wilder, Baker & McKenzie; James Cameron, Climate Change Capital Jane Coppock ©AWC Images/SIME Bryan Gillespie, Yale RIS Dorothy Scott, North Branford, CT Yale RIS 100% post consumer, FSC-certified To download a free PDF of the report or to order printed copies, please go to the Yale F&ES Publication Series website www.yale.edu/environment/publications Yale School of Forestry & Environmental Studies publication series To capture exciting environmental projects at Yale of interest to a broad professional audience, the Yale School of Forestry & Environmental Studies Publication Series issues selected work by Yale faculty, students and colleagues each year in the form of books, bulletins, working papers and reports. All publications since 1995 are available for order as bound copies, or as free downloadable pdfs, at our online bookstore at www.yale.edu/environment/publications. Publications are produced using a print-on-demand system and printed on 100% post consumer FSC-certified paper. For further information or inquiries, contact Jane Coppock, Editor of the F&ES Publication Series, at jane.coppock @yale.edu. © 2007 Yale School of Forestry & Environmental Studies REIL provides key international policymakers and "agents of change" with guidance on the development and implementation of tools for increasing still further the production and use of clean energy. It does so by analyzing the challenges and opportunities for clean energy, disseminating its findings through publications and events, as well as offering a place in which businesses and policymakers can discuss, and thus inform, the development of clean energy policy and finance. www.reilproject.org Yale School of Forestry & Environmental Studies pre-publication draft Report Number 11 From Barriers to Opportunities: Renewable Energy Issues in Law and Policy A report on the work of the Renewable Energy and International Law Project (REIL), 2006–2007 Leslie Parker, REIL; Jennifer Ronk, REIL; Bradford Gentry, Yale School of Forestry & Environmental Studies; Martijn Wilder, Baker & McKenzie; James Cameron, Climate Change Capital, editors Yale School of Forestry & Environmental Studies publication series 205 Prospect Street New Haven, Connecticut 06511 USA www.yale.edu/environment/publications yale school of forestry & environmental studies