Cymie Payne
Associate Professor (School of Environmental and Biological Sciences)
Cymie R. Payne is an Associate Professor in the Department of Human Ecology at Rutgers University and the School of Law – Camden. She is known for her work on global governance of the environment and natural resources and the consequent evolution of international law, with a focus on climate change, ocean resources and protection of the environment in relation to armed conflict.
Biography
Professor Payne earned her master’s degree from The Fletcher School of Law and Diplomacy and her JD from the University of California, Berkeley. She also is affiliated with the Bloustein School of Planning and Public Policy.
She writes frequently on international courts and tribunals.
She has appeared as legal counsel before the International Tribunal for the Law of the Sea and has practiced international, natural resource and environmental law with the United Nations, the U.S. Department of the Interior and the law firm of Goodwin, Procter. She participated in landmark decisions on the legal responsibility of aggressor states for the restoration and remediation of damage to the environment from armed conflict as counsel to the United Nations Compensation Commission in Geneva, Switzerland. As Director of the Global Commons Project at University of California Berkeley’s Center for Law, Energy and the Environment, she focused on the linkage of state and international climate policy.
She is an appointed member of the International Union for Conservation of Nature and Natural Resources’ Commission on Environmental Law (IUCN-CEL), and the International Law Association’s Role of International Law in Sustainable Natural Resource Management for Development Committee. She is a past member of the Executive Council of the American Society of International Law.
Publications
Book:
Gulf War Reparations and the UN Compensation Commission: Environmental Liability (C.R. Payne & P.H. Sand, eds, Oxford University Press, 2011)(Author: chapter 1, The UNCC Program: Environmental Claims in Context; chapter 5, Tracking and Follow-Up Programmes for Environmental Awards; Guidance for Researchers).
Articles, Chapters, Forewords, Reports and Reviews:
Protection of the Natural Environment, in Oxford Guide to International Humanitarian Law (Ben Saul, Dapo Akande, eds., Oxford University Press, forthcoming)
The Limits of Judicial Mechanisms for Developing and Enforcing International Environmental Norms, Proceedings of the Annual Meeting (American Society of International Law), Vol. 109 (forthcoming).
Defining the ‘Environment’ and the Principle of Environmental Integrity, in Environmental Protection and Transitions from Conflict to Peace: Clarifying Norms, Principles and Practices (C. Stahn, J. Iverson, & J. Easterday, eds., Oxford University Press forthcoming).
Developments in the Law of Environmental Reparations: A Case Study of the UN Compensation Commission, in Environmental Protection and Transitions from Conflict to Peace: Clarifying Norms, Principles and Practices (C. Stahn, J. Iverson, & J. Easterday, eds., Oxford University Press forthcoming).
Sustainable Management of High Seas Marine Resources: Scoping Note on Rules and Practices of International Law, Role of International Law in Sustainable Natural Resource Management for Development Committee, International Law Association (2016).
Legal Liability for Environmental Damage: The United Nations Compensation Commission and the 1990-1991 Gulf War, in Strengthening Post-Conflict Peacebuilding Through Natural Resource Management, Volume 6: Governance, Natural Resources, and Post-Conflict Peacebuilding (C. Bruch, C. Muffett, and S. Nichols, eds., 2016).
Collective Responsibility for Sound Resource Management: Erga Omnes Obligations and Deep Seabed Mining in Environmental Rule of Law: Trends from the Americas (OAS 2015). [Also published in Spanish as La responsabilidad colectiva para la gestión adecuada de los recursos marinos in Estado de derecho en materia ambiental: Tendencias en las Américas (OAS 2015).]
Public Participation and Norm Formation for Risky Technology: Adaptive Risk Governance of Solar Radiation Management, 5:2-4 Climate Law 210-251 (with Rachael Shwom & Samantha Heaton, 2015).
ICJ Halts Antarctic Whaling – Japan Starts Again, 4:1 Transnational Environmental Law 181-194 (2015).
The Norm of Environmental Integrity in Post-Conflict Legal Regimes, in Jus Post Bellum (C. Stahn, J. Easterday, and J. Iverson, eds, Oxford University Press, 2014).
Environmental Liability, in Essential Concepts of Global Environmental Governance (J.-F. Morin & A. Orisini, eds., Routledge, 2014).
Australia v. Japan: ICJ Halts Antarctic Whaling, 18:9 Am. Soc. Int’l L. Insights (2014).
Argentina’s ICSID Arbitrations and the UNCC Experience: Consistency and Capability in Mass Claims, 6 World Arbitration and Mediation Review 427-61 (2012).
International Environmental Law-Making and the International Court of Justice, Proceedings of the Annual Meeting (American Society of International Law), Vol. 105 (March 23-26, 2012), pp. 66-66c.
Mastering the Evidence: Improving Fact Finding by International Courts, 41 Environmental Law 1191-1220 (2011).
State Responsibility and Liability for Deep Seabed Mining in International Waters, Environmental Policy and Law (co-authored with Donald Anton and Robert Makgill, 2011).
Pulp Mills on the River Uruguay (Arg. v. Uru.), 105 Am. J. Int’l L. 94 (January 2011).
Environmental Impact Assessment as a Duty under International Law: The International Court of Justice Judgment on Pulp Mills on the River Uruguay, 3 Eur. J. of Risk Regulation 317 (2010).
Pulp Mills on the River Uruguay: The International Court of Justice Recognizes Environmental Impact Assessment as a Duty under International Law, 14:9 Am. Soc. Int’l L. Insights (2010).
Balancing the Risks: Choosing Climate Alternatives, Earth Envtl. Sci. 8 (2009).
State of Play: Changing the Climate in Copenhagen, 13 Am. Soc. Int’l L. Insights (2009).
Local Meets Global: The Low Carbon Fuel Standard and the WTO, 34 North Carolina Journal of International Law & Commercial Regulation 891 (2009).
U.S. Supreme Court, Greenhouse Gas Regulation and Foreign Policy Considerations, 11 Am. Soc. Int’l L. Insights (3 May 2007).
Introductory Note to Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Compliance Procedures, 46 International Legal Materials 1174 (2007).
Environmental Damage at the United Nations Compensation Commission, 2 International Environmental News (Summer/Fall 2006).
UN Commission Awards Compensation for Environmental and Public Health Damage from 1990-91 Gulf War, Am. Soc. Int’l L. Insights (10 August 2005).
Local Regulation of Natural Resources: Efficiency, Effectiveness, and Fairness of Wetlands Permitting in Massachusetts, 28 Environmental Law 519 (1998).
Guide to Sources in The Iran-United States Claims Tribunal and the Process of International Claims Resolution with D.D. Caron, J. Crook and L. Caplan (D.D. Caron and J.R. Crook eds., Transnational Publishers 2000).
Foreword to Symposium: The Ecosystem Approach: New Departures for Land and Water, 24 Ecology Law Quarterly 619 (1997).
Abram Chayes & Antonia Handler Chayes’ The New Sovereignty: Compliance with International Regulatory Agreements 24 Ecology Law Quarterly 173 (1997) (book review).
Gerard Piel, Only One World 17 Fletcher Forum 224 (1993) (book review).
Briefs:
International Tribunal for the Law of the Sea, Case No. 21, Request for an advisory opinion submitted by the Sub-Regional Fisheries Commission (SRFC) (Request for Advisory Opinion submitted to the Tribunal)(Brief for the International Union for Conservation of Nature, with D.K. Anton, R. Churchill, D. Freestone, N. Oral, A. Telesetsky and M. Tsamenyi, 2013).
Seabed Disputes Chamber of International Tribunal for the Law of the Sea, Case No. 17, Responsibilities and obligations of States sponsoring persons and entities with respect to activities in the International Seabed Area (Request for Advisory Opinion submitted to the Seabed Disputes Chamber)(Brief for the International Union for Conservation of Nature, with D.K. Anton & R. Makgill, 2010).