Natural Resources Law Commons^™

From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos

Michael Diathesopoulos

This paper presents the conceptual path followed by European Union, European Commission and European Competition Network, after the Energy Sector Inquiry (2007) towards the realisation of the objective of an Energy Internal Market, fully functional and open to competition. Firstly, we examine the findings of Sector Inquiry and then we describe how the Third Energy Package - that followed - tried to address the issues highlighted by the Inquiry and how Third Energy Package introduces a promising but complex system, in order to develop sector rules. Following the above, we proceed to a brief but close examination of 10 recent …

Relational Contract Theory And Management Contracts: A Paradigm For The Application Of The Theory Of The Norms, Michael Diathesopoulos

Michael Diathesopoulos

This paper examines management contracts as a paradigm for the application of relational contracts theory and especially of the theory of contractual and relational norms. This theory, deriving from Macauley's implications, but structured and analysed by I.R. MacNeil gives us a framework for the explanation and understanding of contractual obligations and business relations' rules and practice. After presenting the key literature about the norms theory and especially defining the content of MacNeil's norms, we define management contracts as relations, characterised by a high relational element and we explain why, investigating all their features, which make them a suitable object for …

Participatory Rural Appraisal, Ganesh Chandra

Ganesh Chandra

Participation, empowerment and inclusion have become the new development buzzword. There has been a range of interpretations of the meaning of participation in development. Participatory development starts from the premise that it is important to identify and build upon strengths already present in communities. Perhaps the most widespread appearance of participation in mainstream development has been seen in the form of participatory methodologies of research, intended to gather a wide range of information from local people at their livelihoods, needs, and strengths, at the same time as 'empowering' them through a process of collaborative analysis and learning. PRA is a …

Dissemination Of Communication And Information In Inland Fisheries, Ganesh Chandra

Ganesh Chandra

Flow of communication and information from the research station to the end user is sine qua non for the sustainable production as well as productivity enhancement in inland fisheries and the development of fishers as a whole. The resource poor who are often more in need than others of information on sustainable and low external input technologies is least likely to gain access to the information required. This has been seen particularly in the fisheries sector where the channels of information accessible to the resource poor delivered information on new practices and recommendations as well as the new culture technologies, …

Miccosukees And The Tamiami Trail Bridge: Examining The Tribe’S Attempts To Sink The Modified Waters Delivery Project, Jeffrey A. Hegewald

jeffrey a hegewald

In the fall of 2008, legal challenges to the Tamiami Trail Bridge project threatened to derail a critical component of the $7.3 billion Everglades restoration program. Indeed, only the Omnibus Spending Act of 2009 saved the project following a ruling from the Federal District Court for the Southern District of Florida. Prior to the events discussed in my note, failure appeared almost certain for years of research, development, and project adaptations performed by the Army Corps of Engineers in conjunction with the DOI/National Park Service.

My note, "Miccosukees and the Tamiami Trail Bridge: Examining the Tribe’s Attempts to Sink the …

Science, Politics, Law And The Arc Of The Clean Water Act: The Role Of Assumptions In The Adoption Of A Pollution Control Landmark, Robert L. Glicksman, Matthew R. Batzel

Robert L. Glicksman

This article examines the assumptions upon which Congress relied in enacting the 1972 Clean Water Act and the extent to which they have been borne out or belied as the federal and state governments have implemented their statutory responsibilities in the quest to achieve acceptably clean water. It traces the development of federal water pollution control legislation before 1972, highlighting the deficiencies that contributed to the need for a new approach in 1972. It then examines the scientific and technical, political, and legal assumptions that helped shape the 1972 Clean Water Act in an effort to determine whether the failure …

Anatomy Of Industry Resistance To Climate Change: A Familiar Litany, Robert L. Glicksman

Robert L. Glicksman

The industries that generate environmental risks in the United States have long been hostile to regulatory programs that increase their costs of operation and reduce their profits. While industry may have been unprepared for, and thus poorly organized to resist, the first wave of federal environmental legislation enacted during the “environmental decade” of the 1970s, it quickly marshaled its forces. Regulated or potentially regulated entities, their trade associations, and their lobbyists began a concerted effort to defeat, delay, and weaken environmental regulation.

This book chapter describes the process by which regulatory opponents successfully relied on free market ideology to couch …

Evaluation Of Frontline Demonstration Of Greengram (Vigna Radiata L.) In Sundarbans, West Bengal, Ganesh Chandra

Ganesh Chandra

Green gram (mungbean) is one of the important pulse crop in India, which plays a major role in augmenting the income of small and marginal farmers of Sundarban. The prevalent farming situation in Sundarban areas being characterised by kharif season with paddy cultivation in rain-fed condition and water requirement for growing rabi and summer crops are met only through residual soil moisture and/or stored rain-water. The low production of traditional varieties of greengram was a cause of concern for the farmers at large. To overcome this problem of low yield, Krishi Vigyan Kendra of CIFRI has conducted frontline demonstration field …

The Lisbon Treaty And Its Consequences For Rural Development And Sustainable Tourism: A Case Study Of Romania, Francesco Sindico

Francesco Sindico

With the entrance into force of the Lisbon Treaty on 1 December 2009, the European Union (EU) has now more tools to deal with a scenario of 27 Member States with specific regional characteristics and different needs in the fields of rural development and sustainable tourism. An important incentive to sign the Lisbon Treaty on 13 December 2007 was the accession to the EU of twelve Central and European countries in recent years. Romania is one of these States. This country has a huge touristic potential and, at the same time, is one of the poorest EU Member State. Against …

The Copenhagen Accord And The Future Of The International Climate Change Regime, Francesco Sindico

Francesco Sindico

This paper analyses the environmental integrity, the nature and the political relevance of the Copenhagen Accord. According to the first two parameters, the Copenhagen Accord is not satisfactory. From a political point of view the conclusion is slightly different, albeit not positive. This paper concludes arguing that after the Copenhagen Conference the future of the international climate change legal regime is likely to be more fragmented, the Accord being one further piece of the global carbon puzzle.

China In Context: Energy, Water, And Climate Cooperation, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Climate resilient communities can be achieved with the support of global research, development, deployment, and diffusion of environmentally sound low GHG emission technologies and processes. Technology cooperation should lower emissions remaining mindful of biodiversity, ecosystem services and livelihoods. China and the United States need to respond effectively to both economic and climate crises and can do so in part by cooperating on environmentally sound technology that transforms the global use of energy.

Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This article analyzes the importance of increasing civil society actor access to and influence in international legal and policy negotiations, drawing from academic scholarship on governance, conservation and environmental sustainability, natural resource management, observations of civil society actors, and the authors’ experiences as participants in international environmental negotiations.

Emerging Law Addressing Climate Change And Water, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

The World Economic Forum recognizes that while restrictions on energy affect water systems and vice versa, energy and water policy are rarely coordinated. The International Panel on Climate Change predicts that wet places will become wetter and dry places will become dryer. Transboundary water, energy and climate coordination can occur through international consensus building.