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Articles 1 - 25 of 25
Full-Text Articles in Law
Clearing The Air In Copenhagen, Richard Faulk
Clearing The Air In Copenhagen, Richard Faulk
Richard Faulk
As I prepare to depart for the Copenhagen climate change conference, the entire process seems awash in doubt, confusion, and controversy. Despite the grand hopes of many members of the international community, including many respected politicians and scientists, even the most optimistic advocates concede that it will be impossible to secure a comprehensive and binding climate change agreement. Instead, the delegates will seek a consensus that will guide the drafting and presentation of a formal treaty sometime in 2010, either in Bonn or in Mexico City.
The March To Copenhagen And The Quest For Climate Justice, Ondotimi Songi, Timipere Songi
The March To Copenhagen And The Quest For Climate Justice, Ondotimi Songi, Timipere Songi
Ondotimi Songi
Following events preceding the Copenhagen conference on climate change, the article looks at whether world leaders can seal a comprehensive, fair, effective and binding climate change deal. It traces efforts at addressing climate change from a policy and legal perspective noting that the discussion on climate change has focused on environmental and economic costs and suggesting that the issue be seen from a human rights and development perspective so as to realign strategies and programmes on mitigation and adaptation. From an African perspective, as a continent that is worst hit by climate change, it is noted that apart from insisting …
Law And Policy Options For Strategic Environmental Assessment In Canada, Hugh Benevides, Denis Kirchhoff, Meinhard Doelle, Robert Gibson
Law And Policy Options For Strategic Environmental Assessment In Canada, Hugh Benevides, Denis Kirchhoff, Meinhard Doelle, Robert Gibson
Denis Kirchhoff
This research paper has been produced for the Canadian Environmental Assessment Agency on behalf of the sub-committee on Strategic Environmental Assessment (the SEA sub-committee) which is in turn mandated by the Minister of the Environment’s Regulatory Advisory Committee (RAC). The immediate need for the report is a request from RAC to the SEA sub-committee to research and report on law and policy options for improving the conduct of Strategic Environmental Assessment (SEA) in Canada, with a focus on the federal level. The purpose of the paper is to provide an impartial, research-based assessment of the best approaches to designing and …
The Advent Of Carbon Credit Trading In Michigan, Anna Maiuri, Mark Bennett
The Advent Of Carbon Credit Trading In Michigan, Anna Maiuri, Mark Bennett
Eric Jamison
Eric Jamison worked as a research assitant for the article. He performed statutory and market research regarding the evolution of carbon regulation on international, national, regional and state levels and submitted research findings to authors for review.
The Road To Copenhagen: Intellectual Property And Climate Change, Matthew Rimmer
The Road To Copenhagen: Intellectual Property And Climate Change, Matthew Rimmer
Matthew Rimmer
The draft negotiating text on long-term co-operative action under the United Nations Framework Convention on Climate Change FCCC/AWGLCA/2009/8; the Foreign Relations Authorization Act, Fiscal Years 2010 and 2011 HR 2410 (United States); the American Clean Energy and Security Act of 2009 HR 2454 (United States); the Foreign Operations, and Related Programs Appropriations Act 2010 HR. 3081 (United States); and the TRIPS Agreement 1994.In the lead-up to the discussions over IP and climate change in Copenhagen in 2009, the US House of Representatives passed a resolution that it should be the policy of US government officials in discussions over the long-term …
Taking Up The Security Challenge Of Climate Change, Rymn J. Parsons
Taking Up The Security Challenge Of Climate Change, Rymn J. Parsons
Rymn J Parsons, Esq.
Climate change, in which man-made global warming is a major factor, will likely have dramatic and long lasting consequences with profound security implications, making it a challenge the United States must urgently take up. The security implications will be most pronounced in places where the effects of climate change are greatest, particularly affecting weak states already especially vulnerable to environmental destabilization. Two things are vitally important: stemming the tide of climate change and adapting to its far-reaching consequences. This project examines the destabilizing effects of climate change and how the military could be used to mitigate global warming and to …
The Legal And Practical Aspects Of Atm's In Tanzania, Daudi Mwita Nyamaka Mr.
The Legal And Practical Aspects Of Atm's In Tanzania, Daudi Mwita Nyamaka Mr.
Daudi Mwita Nyamaka Mr.
The concern of our study was to examine the legal and practical aspects of ATMs in Tanzania. The major problems that were being examined are; the 24 hours operation on ATMs vis-à-vis system failure or error and the system of one bank allowing cardholders of another bank to use its ATMs. With the first problem, all banks in Tanzania with ATMs have attractive advertisements to customers that affirm sufficient services in any time of the day but in reality, the machines usually fail to respond the instructions of the cardholder regardless the fact that the cardholder inserts the card and …
Fisher Management Regimes And Fisheries Governance In Floodplain Wetland Of Assam, Ganesh Chandra
Fisher Management Regimes And Fisheries Governance In Floodplain Wetland Of Assam, Ganesh Chandra
Ganesh Chandra
Assam is endowed with copious aquatic wealth in the form of beels, swamps, ponds and rivers. The floodplain wetlands (beels) extending over one lakh hectare, constitute the most important fishery resource of the state. The beels are considered as one of the most productive ecosystems owing to their characteristic interactions between land and water system. These wetlands are the common property resource and under different management regimes. Livelihood of fishers’ family from time immemorial is dependent upon fishing in floodplain wetlands. Fishers include the actual fishermen belonging to the Schedule castes and the Maimal community of the district of Cachar. …
Breaking Ground On The New Green Deal, Erin Ryan
Breaking Ground On The New Green Deal, Erin Ryan
Erin Ryan
This op-ed urges reluctant members of Congress to act on stimulus proposals to invest in a renewable energy economy.
Stock Enhancement And Its Impact On The Productivity Of Haribhanga Beel In Assam, Ganesh Chandra
Stock Enhancement And Its Impact On The Productivity Of Haribhanga Beel In Assam, Ganesh Chandra
Ganesh Chandra
The floodplain wetlands (beels), extending over one lakh hectare, constitute the most important fishery resource of the Assam. The average productivity of Assam beels is 150-200 kg./ha/year. Many factors can be attributed for this situation, but inadequate auto stocking might be one of the basic reasons. To tide over this situation, rearing of seed in pens could be a viable alternative. Stock enhancement through pen culture was demonstrated by CIFRI at Haribhanga beel with three IMC. The fisher has adopted with modification using three Indian major carp and three exotic carp. A pen enclosure of 5000 m2 has been installed …
Increased Requirements On Proper Organisation Of Companies In Germany, Hans-Michael Mache
Increased Requirements On Proper Organisation Of Companies In Germany, Hans-Michael Mache
Hans-Michael Mache
No abstract provided.
What’S It To You?: The Difficulty Of Valuing The Benefits Of Climate- Change Mitigation And The Need For A Public-Goods Test Under Dormant Commerce Clause Analysis, Mary B. Russell
Mary B. Russell
ABSTRACT: In an effort to minimize its contribution to climate change by reducing greenhouse gas emissions, California enacted California Senate Bill 1368. The bill prohibits utilities from purchasing electrical power from plants that emit more greenhouse gases than natural-gas-fired power plants. This burdens interstate commerce by prohibiting power purchases from out- of-state coal-fired plants and is likely to lead to a constitutional challenge under the dormant Commerce Clause. To address the validity of California Senate Bill 1368 under traditional dormant Commerce Clause analysis, one necessary step is to answer a question that has troubled scientists and economists for decades: What …
Ecosystem Resilience To Disruptions Linked To Global Climate Change: An Adaptive Approach To Federal Land Management, Robert L. Glicksman
Ecosystem Resilience To Disruptions Linked To Global Climate Change: An Adaptive Approach To Federal Land Management, Robert L. Glicksman
Robert L. Glicksman
Global climate change presents daunting challenges to the federal government’s ability to manage its lands and resources in ways that ensure that the priceless natural heritage that these land and resources comprise remains available in substantially unimpaired condition to both present and future generations of Americans. One of the challenges results from the fact that the laws governing the activities of federal land management agencies have outlasted the scientific assumptions on which those laws were based. In particular, Congress adopted many of those laws on the assumption that ecological systems tend toward a natural equilibrium. Subsequently, the science of ecology …
The Unbearable Cost Of Skipping The Check: Property Rights, Takings Compensation & Ecological Protection In The Western Water Law Context, Scott A. Shepard
The Unbearable Cost Of Skipping The Check: Property Rights, Takings Compensation & Ecological Protection In The Western Water Law Context, Scott A. Shepard
Scott A. Shepard
Western-state non-riparian water-law regimes remain legally vital and highly useful in the age of increased scarcity and ecological concern. Claims that the property rights central to these regimes can be revoked without Fifth-Amendment takings implications – as a result of applying various doctrines or of limitations inherent in the rights as granted – are historically and legally unsound, and doctrinally unwise. Declaring water rights non-compensable would require accepting a maxim of legal interpretation that could not be limited to the water-rights (or even property-rights) context, and would render all constitutional guarantees liable to negation without constitutional process. Moreover, such a …
Adaptation, Economics, And Justice, Robert R.M. Verchick
Adaptation, Economics, And Justice, Robert R.M. Verchick
Robert R.M. Verchick
No abstract provided.
It's Time: Petroleum Policy Change For Sustainable Development In The Australian Offshore Upstream Petroleum Sector, Tina Hunter
It's Time: Petroleum Policy Change For Sustainable Development In The Australian Offshore Upstream Petroleum Sector, Tina Hunter
Tina Hunter
This paper argues that Australia’s present petroleum policy does not encourage the sustainable development of State-owned offshore petroleum resources. It outlines the development of Australia's petroleum policy, highlighting the current commercial policy focus on international competitiveness, which fails to contribute to the sustainable development of the petroleum resources for present and future generations. In order to generate policy options for Australia to encourage sustainable development of its petroleum resources, this paper examines the petroleum policy framework of Norway, which is viewed as an example of best practice in the sustainable development of petroleum resources for the benefit of present and …
Symposium Introduction: Contemporary Issues At The Intersection Of Public Health And Environmental Law, Patricia Ross Mccubbin
Symposium Introduction: Contemporary Issues At The Intersection Of Public Health And Environmental Law, Patricia Ross Mccubbin
Patricia Ross McCubbin
This article serves as an introduction to the forthcoming symposium in the Southern Illinois University Law Journal, which presents the proceedings of a conference held at the SIU School of Law on February 27, 2009, on “Contemporary Issues at the Intersection of Public Health and Environmental Law.”
Epa's Endangerment Finding For Greenhouse Gases And The Potential Duty To Adopt National Ambient Air Quality Standards To Address Global Climate Change, Patricia Ross Mccubbin
Epa's Endangerment Finding For Greenhouse Gases And The Potential Duty To Adopt National Ambient Air Quality Standards To Address Global Climate Change, Patricia Ross Mccubbin
Patricia Ross McCubbin
The U.S. Environmental Protection Agency (EPA or the Agency) recently announced its intention to make a finding under the Clean Air Act that greenhouse gases from new cars and light trucks endanger the public health and welfare by contributing to global climate change. That proposed endangerment finding and the vehicle emission standards that will follow are highly controversial, with industry representatives vigorously challenging EPA’s scientific conclusions. Of even greater controversy, however, is the possibility that issuance of the final endangerment finding will obligate EPA and the states to regulate greenhouse gases from nearly every sector of the economy with “national …
Carbon Regulation And Its Impact On The Appalachian Basin: Why The Coal-Fired Energy Industry In Appalachia Should Embrace, Prepare For, And Help Shape A Comprehensive Legislative Scheme That Limits Greenhouse Gas Emissions, Mark L. Belleville
Mark L. Belleville
The premise of this article – the coal-fired energy industry in Appalachia should embrace, prepare for, and help shape a comprehensive federal legislative scheme that limits carbon dioxide and other greenhouse gas emissions – may sound counterintuitive. Why would an industry that emits greenhouse gases (GHGs) get on board with a national plan to limit GHG emissions? The reason is threefold. First, some form of regulation limiting emissions is inevitable. Second, in many respects, a comprehensive federal scheme is preferable to the current patchwork that exists. Finally, a comprehensive federal scheme can be tailored to be advantageous (or at least …
Green Building Claims: What Theories Will A Plaintiff Pursue, Who Has Exposure, And A Proposal For Risk Mitigation, Darren Prum, Stephen Del Percio
Green Building Claims: What Theories Will A Plaintiff Pursue, Who Has Exposure, And A Proposal For Risk Mitigation, Darren Prum, Stephen Del Percio
Darren A. Prum
No abstract provided.
Wind Power, National Security, And Sound Energy Policy, Prof. Elizabeth Burleson
Wind Power, National Security, And Sound Energy Policy, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Wind-generated electricity in the United States has grown by more than 400 percent since 2000. According to the Department of Energy, 6 percent of US land could supply more than one and a half times the current electricity consumption of the country. Yet, challenges remain in matching demand for electricity with supply of wind as well as achieving grid parity. Careful wind turbine and transmission line siting can occur through cooperation between federal, state, tribal, and civil society participation in decision-making. Tribal wind initiatives have shown that developing wind power can also benefit rural communities. Congress should pass a national …
Energy Security, Green Job Creation, And Youth Innovation, Prof. Elizabeth Burleson
Energy Security, Green Job Creation, And Youth Innovation, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Global energy demand is likely to increase by 45 percent by 2030. Climate change will threaten existing employment and necessitate new green jobs. Funding has gone towards such renewable energy technologies as wind and solar; such fuel economy options as second-generation hybrids, plug-in electrics, and fuel cell vehicles; increased appliance efficiency; and such water-efficient farming methods as drip irrigation. Youth innovation can play a powerful role in achieving sustainable development. Nobel Peace Prize winner Professor Muhammad Yunus has demonstrated how micro finance in the form of small loans can help poor people start or expand entrepreneurial endeavors. Government funded research …
Energy Policy, Intellectual Property And Technology Transfer To Address Climate Change, Prof. Elizabeth Burleson
Energy Policy, Intellectual Property And Technology Transfer To Address Climate Change, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
A weather beaten economy has become a wake up call. The International Energy Agency predicts that carbon emissions will rise 130 percent and oil demand will rise 70 percent by 2050. A sound energy policy that addresses climate change relies upon widespread transfer and implementation of environmentally sound technology. Multilateral cooperation can achieve environmentally sound technology transfer within in a meaningful time frame to address climate change.
Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan
Erin Ryan
As climate change, war in the Middle East, and the price of oil focus American determination to move beyond fossil fuels, nuclear power has resurfaced as a possible alternative. But energy reform efforts may be stalled by an unlikely policy deadlock stemming from a structural technicality in an aging Supreme Court decision: New York v. United States, which set forth the Tenth Amendment anti-commandeering rule and ushered in the New Federalism era in 1992. This dry technicality also poses ongoing regulatory obstacles in such critical interjurisdictional contexts as stormwater management, climate regulation, and disaster response. Such is the enormous power …
Child Welfare And Future Persons, Carter Dillard
Child Welfare And Future Persons, Carter Dillard
Carter Dillard
While ethicists have delved deep into the rights and wrongs of procreating, lawyers have had little to say about the matter, stymied by practical concerns, the tendency of the law to ignore prospective children and their interests, and the misperception that a fundamental rights boundary absolutely forbids state intervention. But recently a small door has opened in this wall between law and ethics: as courts faced with having to repeatedly remove abused and neglected children from parents adjudged unfit have issued temporary no-procreation orders. As precedent builds and the possibility of ex ante regulation of procreation and parenthood grows, a …