Social and Behavioral Sciences Commons^™

Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos

Michael Diathesopoulos

In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we will …

Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris

Chad J McGuire

Mother Earth "Speaks": Change Yourself, Change The World, Use The Archetypal Energy "Harmony" As A Guide, Carroy U. Ferguson

Carroy U "Cuf" Ferguson, Ph.D.

In relation to the Cosmos, we all, as human beings, live on this tiny planet we call Earth, a planet that supports and sustains life, as we know it. There are many different kinds of people, plants, and animals functioning in harmony with soil, air, and water--all linked to one another in a complex web of life to form one Earth community. Unfortunately, we often take this miracle and ecosystem of life for granted. When, however, we take the ecosystem of life too much for granted, Mother Earth "speaks," reflecting imbalances and dis-harmonies. When Mother Earth "speaks," her message is …

Forest Governance In India: Collective Rights And Claims In The Forest Rights Act, Prakash Kashwan

Prakash Kashwan

The note is intended as an intervention within an ongoing policy debate around questions of forest governance in India. The need to keep this note short has forced the author to assume readers’ familiarity with these debates. Given this, some readers may be interested in the reports on Forest Rights Act (FRA), 2006 available at http://www.forestrights.nic.in/ and

http://www.forestrightsact.com/

Research support from the International Foundation for Science, Stockholm, and the Ford Foundation, New Delhi is gratefully acknowledged. The author is thankful to Rajesh Ramakrishnan, Shankar Gopalakrishnan, Suneel

Padale, Ajit Menon, Daniel Taghioff, and Forrest Fleischman for comments and suggestions on earlier …

Climate Adaptation And The Fifth Amendment To The United States Constitution: How Do Adaptation Strategies Impact Regulatory Takings Claims?, Chad J. Mcguire

Chad J McGuire

The State Of Black Atlanta: Exploding The Myth Of Black Mecca, Robert D. Bullard, Glenn S. Johnson, Angel O. Torres

Robert D Bullard

The State of Black Atlanta Summit 2010 was held this past Saturday February 20 on the campus of Clark Atlanta University in Atlanta, GA. The one-day Summit was convened by the Environmental Justice Resource Center to coincide with the Black History Month celebration and was part of the center’s Smart Growth and Sustainable Communities Initiative (SGSCI) funded by a grant from the Ford Foundation. The Summit organizers commissioned working papers from top Atlanta leaders in academic, public health, business, media, and local community based organizations with the goal of impacting public sector policies around health, environmental justice, civil rights and …

The Political Consequences Of Legal Victories: Ballast Regulation And The Clean Water Act, Zdravka Tzankova

Zdravka Tzankova

Federal conservation policy has seen a new development recently: the use of the Clean Water Act (CWA) as a tool for regulating ballast water discharges from ships and, thereby, for preventing biological invasions caused by the discharge of nonindigenous organisms in ballast. Some outcomes of this new method for regulating ballast water discharge are obvious, others are much less so. Superimposing CWA regulatory authority on an already existing system of U.S. ballast law and regulation is likely to change the politics of ballast regulation. What do such changes in regulatory politics spell for the future of regulatory protections against biological …

Policy Innovation, Intergovernmental Relations, And The Adoption Of Climate Protection Initiatives By U.S. Cities, Rachel Krause

Rachel M. Krause

In the absence of federal requirements, how do state- and municipal-level characteristics impact the probability of local policy innovation? This article provides insight by examining the adoption of sub-national climate change mitigation initiatives in the United States. Drawing from literature on policy innovation, a multilevel model is developed to examine the factors influencing over 900 U.S. cities to eschew free-rider tendencies and formally commit to greenhouse gas reduction. Multilevel analysis recognizes the nested structure of cities within states and accounts for the shared economic, political, and policy environments experienced by cities within the same state. The level of initiative state …

Building Sustainable Societies: A Swedish Case Study On The Limits Of Reflexive Modernization., Cindy Isenhour

Cindy Isenhour

No abstract provided.

On Conflicted Swedish Consumers, The Effort To “Stop Shopping” & Neoliberal Environmental Governance, Cindy Isenhour

Cindy Isenhour

No abstract provided.

The Limits And Opportunities Of Networks: Municipalities And Canadian Climate Change Policy, Christopher D. Gore

Christopher D Gore

Research on climate change policy and politics has become increasingly focused on the actions and influence of subnational governments. In North America, this attention has been particularly focused on why subnational governments have taken action in the absence of national leadership, what effect action might have on future national climate policy, and whether the collective action of networks of municipal governments are reshaping and challenging the character of national and global climate governance. This paper examines Canadian municipal climate in light of the absence of a comprehensive and effective climate national strategy. The paper considers various reasons why local governments …

Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen

Thomas A Faunce

The Australia – United States Free Trade Agreement (AUSFTA) came into force on 1 January 2005. Before and subsequently to the AUSFTA being concluded, controversy surrounded the debate over its impact on Australia ’ s health policy, specifically on regulation of pharmaceutical patents and Australia ’ s cost-effectiveness system relating to prescription medicine prices known as the Pharmaceutical Benefits Scheme (PBS). This article examines the expectations of both parties in the pharmaceutical sector with regard to the AUSFTA, as well as how successfully they were achieved. It seeks to analyse important relevant outcomes for regulators, the public and pharmaceutical industry, …

Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., Thomas A. Faunce, Hitoshi Nasu

Thomas A Faunce

The development of nanotechnology for military application is an emerging area of research and development, the pace and extent of which has not been fully anticipated by international legal regulation. Nano-weapons are referred to here as objects and devices using nanotechnology or causing effects in nano-scale that are designed or used for harming humans. Such weapons, despite their controversial human and environmental toxicity, are not comprehensively covered by specific, targeted regulation under international law. This article critically examines current international humanitarian law and arms control law regimes to determine whether significant gaps exist in the regulation of nanotechnology focused on …

Retrospectives And Prospectives On Hurricane Katrina: Five Years And Counting, L Comfort, B Ciglar, T Birkland, Earthea Nance

Earthea Nance, PhD (Stanford University, 2004)