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Articles 1 - 30 of 44
Full-Text Articles in Entire DC Network
International Environmental Law, David R. Downes, Joseph Dellapenna, Khouane Dittahovong, Joseph Freedman, Royal C. Gardner, Richard A. Horsch, David Hunter, Thomas Parker Redick, David M. Gravallese, Jeffrey M. Klein, Erica Thorson
International Environmental Law, David R. Downes, Joseph Dellapenna, Khouane Dittahovong, Joseph Freedman, Royal C. Gardner, Richard A. Horsch, David Hunter, Thomas Parker Redick, David M. Gravallese, Jeffrey M. Klein, Erica Thorson
David B. Hunter
No abstract provided.
Settler Colonial Strategies And Indigenous Resistance On The Great Lakes Lumber Frontier, Theodore Karamanski
Settler Colonial Strategies And Indigenous Resistance On The Great Lakes Lumber Frontier, Theodore Karamanski
Theodore J. Karamanski
The geographic and economic setting of the nineteenth century Upper Great Lakes region created unique challenges to American settler colonialism and encounters with the Indigenous people of this land of lakes and forests. Many Anishinaabeg bands responded creatively through the use of Christianity, education, and American law in an attempt to fortify their presence in the region. European Americans, who sought to appropriate the wealth of the Upper Midwest’s vast stands of hardwood and pine forests, only seldom needed to resort to guns to take control of the land. Instead of a war of conquest they entangled Anishinaabeg property owners …
Water Governance In Haiti: An Assessment Of Laws And Institutional Capacities, Ryan Stoa
Water Governance In Haiti: An Assessment Of Laws And Institutional Capacities, Ryan Stoa
Ryan B. Stoa
The Republic of Haiti struggles to sustainably manage its water resources. Public health is compromised by low levels of water supply, sanitation, and hygiene, and water resources are often contaminated and unsustainably allocated. While poor governance is often blamed for these shortcomings, the laws and institutions regulating water resources in Haiti are poorly understood, especially by the international community. This study brings together and analyzes Haitian water laws, assesses institutional capacities, and provides a case study of water management in northern Haiti in order to provide a more complete picture of the sector. Funded by the Inter-American Development Bank as …
Incentivizing Corporate America To Eradicate Transnational Bribery Worldwide: Federal Transparency And Voluntary Disclosure Under The Foreign Corrupt Practice Act, Peter Reilly
Peter R. Reilly
In 1977, it was discovered that hundreds of U.S. companies had spent hundreds of millions of dollars in bribes to improve business overseas. In response, Congress passed the Foreign Corrupt Practices Act (FCPA), thereby making it illegal to bribe foreign officials to obtain a business advantage. A major tension has emerged between the federal agencies charged with enforcing the FCPA (i.e., the DOJ and SEC), and the corporate entities trying to stay within the legal and regulatory bounds of the statute. Specifically, while the government appears to be trying to maximize discretion and flexibility in carrying out its enforcement duties, …
The Administrative Law Of Global Private-Public Regulation: The Case Of Forestry, Errol E. Meidinger
The Administrative Law Of Global Private-Public Regulation: The Case Of Forestry, Errol E. Meidinger
Errol Meidinger
An important ensemble of transnational, transgovernmental regulatory institutions has emerged in the forestry sector over the past decade. These forest certification programmes set global standards for proper forest management and apply them through institutionalized licensing and inspection programmes. Similar programmes are appearing in other sectors. Developed largely by environmental NGOs and industry associations rather than governments, forest certification programmes are nominally voluntary, but are becoming increasingly mandatory in practice. They are also gradually linking with government regulatory and management programmes in various ways, while remaining in tension both with each other and with government programmes. The overall regulatory system is …
Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger
Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger
Errol Meidinger
Published as Chapter 7 in Law and Legalization in Transnational Relations, Christian Brütsch & Dirk Lehmkuhl, eds.
This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish market-leveraged, social and environmental regulatory programs. These programs resemble state regulatory programs in many important respects, and are increasingly legalized. Individual sectors generally have multiple regulatory programs that compete with, but also mimic and reinforce each other. While forestry is the most developed example, similar …
Limits To The Independent Anti-Corruption Commission Model Of Corruption Reform: Lessons From Indonesia, Leslie Gielow Jacobs, Benjamin B. Wagner
Limits To The Independent Anti-Corruption Commission Model Of Corruption Reform: Lessons From Indonesia, Leslie Gielow Jacobs, Benjamin B. Wagner
Leslie Gielow Jacobs
No abstract provided.
Retooling Law Enforcement To Investigate And Prosecute Entrenched Corruption: Key Criminal Procedure Reforms For Indonesia And Other Nations, Leslie Gielow Jacobs, Benjamin B. Wagner
Retooling Law Enforcement To Investigate And Prosecute Entrenched Corruption: Key Criminal Procedure Reforms For Indonesia And Other Nations, Leslie Gielow Jacobs, Benjamin B. Wagner
Leslie Gielow Jacobs
No abstract provided.
Distinguishing Land Change From Natural Variability And Uncertainty In Central Mexico With Modis Evi, Trmm Precipitation, And Modis Lst Data, Zachary Christman, John Rogan, J. Ronald Eastman, B. L. Turner Ii
Distinguishing Land Change From Natural Variability And Uncertainty In Central Mexico With Modis Evi, Trmm Precipitation, And Modis Lst Data, Zachary Christman, John Rogan, J. Ronald Eastman, B. L. Turner Ii
Zachary Christman
Precipitation and temperature enact variable influences on vegetation, impacting the type and condition of land cover, as well as the assessment of change over broad landscapes. Separating the influence of vegetative variability independent and discrete land cover change remains a major challenge to landscape change assessments. The heterogeneous Lerma-Chapala-Santiago watershed of central Mexico exemplifies both natural and anthropogenic forces enacting variability and change on the landscape. This study employed a time series of Enhanced Vegetation Index (EVI) composites from the Moderate Resolution Imaging Spectoradiometer (MODIS) for 2001–2007 and per-pixel multiple linear regressions in order to model changes in EVI as …
Greener And Safer: Some Potential Choices For Interior Materials For Buildings Undergoing Construction Or Renovation, Nellie J. Brown
Greener And Safer: Some Potential Choices For Interior Materials For Buildings Undergoing Construction Or Renovation, Nellie J. Brown
Nellie J. Brown, MS., C.I.H.
Executive Summary
What is good for the environment is not automatically safer for workers, but it should be possible to make choices to that are both “greener” and “safer”.
This guide aims to help you to be “greener and safer” by planning ahead – prevention through design by making good choices of materials. Sometimes choices are interconnected and may have multiple benefits. USCDC/NIOSH has piloted a program, in collaboration with OSHA, AIHA, and many others, called “prevention through design” (PtD). The concept of PtD can be defined as: Addressing occupational safety and health needs in the design process to prevent …
The Adjudication Of Historical Evidence: A Comment And And Elaboration On A Proposal By Justice Lebel, Shin Imai
Shin Imai
The appropriate forum and procedures for deciding whether Aboriginal and treaty rights exists has been troubling for courts. In the early years after the enactment of section 35, and today, in a significant number of cases, the issue was decided in criminal proceedings. Often charges were laid for hunting or fishing without a license, or out of season. Such was the case in R. v. Marshall and R. v. Bernard when the Supreme Court of Canada was required to consider an appeal of a conviction for a provincial offence related to logging. Justice LeBel mused about the appropriateness of criminal …
An Assessment Of South China Tiger Reintroduction Potential In Hupingshan And Houhe National Nature Reserves, China, Yiyuan Qin, Philip J. Nyhus, Courtney L. Larson, Charles J.W. Carroll, Jeff Muntifering, Thomas D. Dahmer, Lu Jun, Ronald L. Tilson
An Assessment Of South China Tiger Reintroduction Potential In Hupingshan And Houhe National Nature Reserves, China, Yiyuan Qin, Philip J. Nyhus, Courtney L. Larson, Charles J.W. Carroll, Jeff Muntifering, Thomas D. Dahmer, Lu Jun, Ronald L. Tilson
Philip J. Nyhus
Human-caused biodiversity loss is a global problem, large carnivores are particularly threatened, and the tiger (Panthera tigris) is among the world’s most endangered large carnivores. The South China tiger (Panthera tigris amoyensis) is the most critically endangered tiger subspecies and is considered functionally extinct in the wild. The government of China has expressed its intent to reintroduce a small population of South China tigers into a portion of their historic range as part of a larger goal to recover wild tiger populations in China. This would be the world’s first major tiger reintroduction program. A free-ranging population of 15–20 tigers …
Evaluating Heterogeneous Conservation Effects Of Forest Protection In Indonesia, Payal Shah, Kathy Baylis
Evaluating Heterogeneous Conservation Effects Of Forest Protection In Indonesia, Payal Shah, Kathy Baylis
Kathy Baylis
The Cost Of Doing Business In Asia: A Comparative Legal Study Of Environmental Regulations In The Emerging Markets Of Thailand, Malaysia, And Indonesia, Brooke R. Padgett
The Cost Of Doing Business In Asia: A Comparative Legal Study Of Environmental Regulations In The Emerging Markets Of Thailand, Malaysia, And Indonesia, Brooke R. Padgett
Brooke R. Padgett
Abstract: This article explores whether voluntary standards, customary law, or more binding bilateral investment treaties are best for corporations, the emerging markets of Thailand, Indonesia, and Malaysia, and the environment itself. While corporations, markets, and the environment facially seem to have divergent priorities, environmental disasters are more costly after the fact than they are to prevent so in reality their priorities may not be so different after all. Some of the potential issues the paper will examine and address are big picture macro level such as fairness to future generations, intergenerational rights; the actual cost through questions of polluter pays, …
Taking Responsibility For Climate Change-Related Displacement: Article 8 Of The European Convention On Human Rights And The Proportionality Of Expelling ‘Climate Refugees’, Matthew Scott
Matthew Scott
Climate change is already contributing to the displacement of millions of people worldwide by increasing the frequency and intensity of adverse weather events. Faced with a ‘protection gap’ in the international legal framework, proposals for responding to the phenomenon overwhelmingly rely on the State to act, with limited discussion of the potential to develop the scope of protection through litigation. Recognising the potential for litigation to address immediate protection needs whilst also developing the scope of protection more broadly, this discussion paper advances an interpretation of Article 8 of the European Convention on Human Rights that would require a ‘fair …
Filipino Journalists Speak Out And Pay The Price, Eric Loo
Filipino Journalists Speak Out And Pay The Price, Eric Loo
Eric Loo
There's the shepherd, the flock and the sacristan. Together they drive the media machine with their paymaster, in the back seat brazenly directing the way through the back alleys of Philippine politics.' The 'shepherds' are former journalists turned media publicists. 'Shepherds' take care of reporters covering the election campaign trails - from arranging accommodation to providing food and 'night' entertainment. This can rake in as much as 40,000 pesos monthly (about US$729) for 'shepherding' a presidential election. That's equivalent to how much a broadsheet senior reporter earns in three months. Another story tells of editors pocketing P20,000 to P50,000 a …
Survival Ethics In The Real World: The Research University And Sustainable Development, George Middendorf
Survival Ethics In The Real World: The Research University And Sustainable Development, George Middendorf
George Middendorf
Diversity Of Plants And Animals In Mountain Systems In Tajikistan, Victor Roy Squires Dr, Neymatalo Safarov Dr
Diversity Of Plants And Animals In Mountain Systems In Tajikistan, Victor Roy Squires Dr, Neymatalo Safarov Dr
Victor Roy Squires Dr
Tajikistan, a landlocked country, is one of the world's centers of origin of cultivated plants and has a special role in the conservation of mountain biodiversity. The richness of biodiversity shows up at the genetic, species, population, and ecosystem levels. There are many relic and endemic species, with most of the components of biodiversity vulnerable to anthropogenic factors. Close cooperation across borders will be required for conservation of unique and threatened ecosystems in the Central Asian region. Proximate threats such as poaching, overfishing, illegal logging and overgrazing are causing irreversible damage to biodiversity in the Tajikistan hotspot. Threats stem from …
The Implementation Gap: What Causes Laws To Succeed Or Fail?, David Barnhizer
The Implementation Gap: What Causes Laws To Succeed Or Fail?, David Barnhizer
David Barnhizer
It is important to go behind the “paper systems” many countries and private sector actors have created to manufacture the appearance of commitments to responsible economic activity, environmental protection and social justice. This produces the need to penetrate the veils that mask governments’ “apparent compliance” with the terms of sustainable development, and to be honest about the inability of voluntary codes of practice to shape the behavior of business and government. Implementation requires effective systems to carry out the law and policy mandates. Laws and policies are often poorly designed or deliberately sabotaged in their creation, but in many instances …
Land Use And Vegetation Cover Dynamics In And Around Kagoma Forest Reserve In Tanzania, Nanjiva Nzunda, Pkt Munishi, Japhet Kashaigili, Geofrey Soka, Joel Monjare
Land Use And Vegetation Cover Dynamics In And Around Kagoma Forest Reserve In Tanzania, Nanjiva Nzunda, Pkt Munishi, Japhet Kashaigili, Geofrey Soka, Joel Monjare
Geofrey Soka
No abstract provided.
Maritime Security Issues In An Arc Of Instability And Opportunity. Security Challenges, Quentin Hanich, Sam Bateman
Maritime Security Issues In An Arc Of Instability And Opportunity. Security Challenges, Quentin Hanich, Sam Bateman
Quentin Hanich
The Pacific Arc of islands and archipelagos to the north and east of Australia has been characterised both as an ‘arc of instability’ and as an ‘arc of opportunity’. It is the region from or through which a threat to Australia could most easily be posed, as well as an area providing opportunities for Australia to work on common interests with the ultimate objective of a more secure and stable region. Maritime issues are prominent among these common interests. This article identifies these issues and their relevance to Australia’s maritime strategy. It suggests measures Australia might take to exploit the …
Bridging Vs. Bonding Social Capital And The Management Of Common Pool Resources, Kathy Baylis, Yazhen Gong, Shun Wang
Bridging Vs. Bonding Social Capital And The Management Of Common Pool Resources, Kathy Baylis, Yazhen Gong, Shun Wang
Kathy Baylis
Social capital can facilitate community governance, but not all social capital is alike. We distinguish bonding social capital (within a village) from bridging social capital (between villages), and we compare their effects on the management of a common pool resource. We develop a theoretical model and show that bonding social capital can improve common pool resource management, while the effect of bridging social capital is mixed. We test these findings using primary data from Yunnan, China on social capital and firewood collection on communal lands. We find that bonding social capital decreases the consumption of the common pool resource, and …
The Sustainable Corporation: Lessons From Avatar, Norm Borin
The Sustainable Corporation: Lessons From Avatar, Norm Borin
Norm A. Borin
This article uses the fictitious company RDA from the movie Avatar as a textbook case of corporate non-sustainability. We provide a list of mistakes RDA made and provide parallel corporate examples in our own society in the areas of stakeholder analysis, corporate governance and systems thinking using the triple bottom line. For each area we present a framework that companies could use to operate in a more sustainable manner.
Market Mechanisms, Ecological Sustainability And Social Equity, Sharon Beder
Market Mechanisms, Ecological Sustainability And Social Equity, Sharon Beder
Sharon Beder
In most cases the use of market mechanisms to protect the environment aim to maximise economic efficiency rather than environmental effectiveness or equity. The use of emissions trading to reduce greenhouse gases in the atmosphere is used as a case study to demonstrate this.
Innovations In Governance: A Functional Typology Of Private Governance Institutions, Tracey M. Roberts
Innovations In Governance: A Functional Typology Of Private Governance Institutions, Tracey M. Roberts
Tracey M Roberts
Communities are increasingly looking to private governance institutions, rather than formal government, to set public policy and to manage the environmental and social impacts of globalization. Private governance institutions, sets of rules and structures for governing without government, remain undertheorized despite an expanding literature. Questions remain about why they have arisen, what functions they serve, and whether they are effective. This article advances that literature in several ways. First, the article outlines the inherent limitations of the conventional taxonomy, which groups these institutions based on the identity of their constituent organizations (business interests, civil society, and government entities and their …
Do Our Conservation Programs Work? A Spatially Explicit Estimate Of Avoided Forest Loss, Jordi Honey-Roses, Kathy Baylis, Maria Isabel Ramirez
Do Our Conservation Programs Work? A Spatially Explicit Estimate Of Avoided Forest Loss, Jordi Honey-Roses, Kathy Baylis, Maria Isabel Ramirez
Kathy Baylis
Pengelolaan Perbatasan Ditinjau Dari Sisi Sosial, Ekonomi Dan Ekologi, Dr. Zulkifli Rangkuti
Pengelolaan Perbatasan Ditinjau Dari Sisi Sosial, Ekonomi Dan Ekologi, Dr. Zulkifli Rangkuti
Zulkifli Rangkuti
No abstract provided.
Global Climate Governance To Enhance Biodiversity & Well-Being: Integrating Non-State Networks And Public International Law In Tropical Forests, Andrew Long
Andrew Long
Environmental governance frequently represents a leading edge of global regulation. The climate regime even continues to create new modes of regulation despite a negotiation impasse. These new initiatives, like existing legal approaches to environmental challenges, too often embrace a fragmented view of issue areas that fails to reflect fundamental connections between the objects of regulation. The shortcomings of a state-driven international issue-by-issue approach to global environmental governance have long been obvious in some areas (such as tropical forests), and are becoming ever clearer in others (most notably climate change). Therefore, private networks play an increasingly important role in global environmental …
The United States – Korea Free Trade Agreement:, Y.S. Lee
The United States – Korea Free Trade Agreement:, Y.S. Lee
Y.S. Lee
The U.S.-Korea Free Trade Agreement, currently awaiting ratification of legislatures of both countries, is known to be the most significant bilateral trade agreement since the conclusion of the North America Free Trade Agreement (NAFTA). Both governments have promoted the U.S.-Korea FTA as the trade agreement that will enhance trade between the two countries and promote economic prosperity. The article critically reviews the inherent features of the U.S.-Korea FTA and examines whether the FTA is expected to promote the promised economic prosperity.
Political Economy Of Policymaking In Paraguay, Robert Andrew Nickson
Political Economy Of Policymaking In Paraguay, Robert Andrew Nickson
Robert Andrew Nickson
The main objective of this chapter is to analyze the public policymaking process in Paraguay, particularly with regard to the formulation and implementation of policies that affect the generation of remunerative employment. Concretely, the chapter addresses how the broad institutional (i.e., political, administrative and legal) environment influences—both negatively and positively—the potential for formulating and implementing a medium-term employment strategy for poverty reduction in Paraguay. The main policymaking focus of the employment strategy will be on the private sector. However, the potential contribution of an employment strategy for the public sector itself towards poverty reduction is also considered.
The formulation and …