1. This is an open‐book, take‐home exam. You may use: a. the course book (Hunter, Salzman & Zaelke, International Environmental Law), b. your course notes (including any course hand‐outs and postings and documents on our Camino course website). 2. No additional research beyond the listed items is permitted. You must work on the exam on your own. 3. The exam will be available beginning May 2, 2017. Your exam answer is due within 7 days of pick‐up of the exam, but no later than May 15, 2017, 12 pm. 4. The total exam answer may not exceed 3000 words. You must provide a word count at the end of the exam. 5. There will be a 1/3 grade penalty for every three hours that the exam is late. I will only grade the exam answer up to the 3000 word limit. 6. Place your Exam ID#, the name of the course, and exam date on EACH page of your exam answer (if typed) or EACH examination book (if handwritten). 7. Retain a copy of your exam answer (as a precautionary measure). 8. If you compose your exam in the library or any other public space, do not put drafts of your answer in the recycle boxes. STOP! DO NOT FLIP THIS COVER PAGE UNTIL TOLD TO DO SO BY THE PROCTOR! 2 International Environmental Law Exam Spring 2017 It is May 2, 2017, and you have just started as a new attorney at Exxon Mobile Corp. You have just been tasked to provide an analysis and recommendations to senior management on the following issue. Just a couple of weeks, a group of European countries proposed a new article 30 as an amendment to the Paris Climate Agreement. The text of article 30 reads as follows: Amendment to the Paris Agreement: Article 30 1. Any party that fails to fulfill the commitments communicated as its nationally determined contribution (NDC) under article 4.2 shall be in breach of this Agreement. In the event of such a breach, any other party is authorized to impose a 50% tariff on goods that have been produced with the use of fossil fuels and that are imported from the party in breach. 2. Any state that is not a party to this Agreement shall be the subject of an equivalent 50% import tariff, as provided for in paragraph 1. 3. Notwithstanding the provisions of article 28, no party may withdraw from this Agreement before January 20, 2021. The proposed amendment has found widespread support among the Paris Agreement parties, with the exception of the United States. From the international discussions on the amendment, it is apparent that the new article 30 is directed at the United States. Article 30 anticipates the failure of the US to meet its emission reduction pledge set out in its nationally determined contribution (NDC). Article 30 is also designed to make it more difficult for the U.S. to withdraw from the Paris agreement. It is expected that the other Paris Agreement parties will unanimously vote to adopt this amendment and ratify it. (It is also expected that the U.S. will vote against the amendment.) Senior management has asked for your analysis of the issues and recommendations on what Exxon Mobile should do with respect to the proposed amendment. The company […]