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Full-Text Articles in Environmental Law

Tradable Pollution Permits And The Regulatory Game, Jason S. Johnston Nov 2005

Tradable Pollution Permits And The Regulatory Game, Jason S. Johnston

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This paper analyzes polluters' incentives to move from a traditional command and control (CAC) environmental regulatory regime to a tradable permits (TPP) regime. Existing work in environmental economics does not model how firms contest and bargain over actual regulatory implementation in CAC regimes, and therefore fail to compare TPP regimes with any CAC regime that is actually observed. This paper models CAC environmental regulation as a bargaining game over pollution entitlements. Using a reduced form model of the regulatory contest, it shows that CAC regulatory bargaining likely generates a regulatory status quo under which firms with the highest compliance costs …


The Rule Of Capture And The Economic Dynamics Of Natural Resource Use And Survival Under Open Access Management Regimes, Jason S. Johnston Jan 2005

The Rule Of Capture And The Economic Dynamics Of Natural Resource Use And Survival Under Open Access Management Regimes, Jason S. Johnston

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By reviewing the bioeconomic dynamics of natural resource harvest under open access/rule of capture management, this article demonstrates the falsity of the widely held contemporary view that market incentives lead to unsustainable natural resource use. The formal bioeconomic models teach that it is the relative speed of market versus natural dynamics that determines when and if open access harvest leads to resource collapse. If the rate at which harvesters exit from the harvest industry when harvests are low is rapid relative to the natural rate of growth in the harvested stock, the level of both the resource stock and harvest …


Environmental Trade Measures, The Shrimp-Turtle Rulings, And The Ordinary Meaning Of The Text Of The Gatt, Howard F. Chang Jan 2005

Environmental Trade Measures, The Shrimp-Turtle Rulings, And The Ordinary Meaning Of The Text Of The Gatt, Howard F. Chang

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No abstract provided.