Digital Commons Network^™

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

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 …

Private Forest Governance, Public Policy Impacts: The Forest Stewardship Council In Russia And Brazil, Lisa Mc Intosh Sundstrom, Laura A. Henry

Government Faculty Publications

Under what conditions do private forest governance standards influence state policy and behavior to become more oriented toward sustainability? We argue that governance schemes targeting firms may indirectly shape state behavior, even when designed to bypass state regulation. Through an examination of the Forest Stewardship Council (FSC) in Russia and Brazil, we find that the FSC has influenced domestic rhetoric, laws, and enforcement practices. FSC has had a more disruptive and consequential impact on Russia's domestic forest governance; in Brazil, earlier transnational environmental campaigns had already begun to shift domestic institutions toward sustainability. Based on interview data and textual analysis …

Urgency Of Boundary Maritime Management: Strategies To Prevent Conflicts, Josina Augustina Yvonne Wattimena

Indonesian Journal of International Law

The boundary of maritime between countries is a very important issue for coastal States as well as archipelagic countries such as Indonesia. Indonesia is adjacent to the sea with ten neighboring countries. Until now, Indonesia has not completely resolved the sea border issues with neighboring countries. This is due to the determination of the sea boundary is not easy, very closely with various considerations such as; Political, legal, strategic, historical, economic, environmental, geographical, geological and geomorphological. With the enactment of the 1982 Sea Law Convention as a new constitution for the regulation of the law of the sea, consequently Indonesian …

The Tpp Will Not Change Nafta As Promised, Phuong Tran

Law and Business Review of the Americas

No abstract provided.

Trees For The Primates: A Community-Based Assessment Of Crowned Lemur (Eulemur Coronatus) Habitat Preferences And Conservation In Northern Madagascar, Fernando Mario Mercado Malabet

Electronic Thesis and Dissertation Repository

As a result of the continuous loss of forest habitats in Madagascar, forest fragments that exhibit a high degree of degradation and are strongly embedded on the livelihood needs of rural Malagasy people are increasingly being considered as the focus of conservation management operations. This new type of protected areas, based on the IUCN’s Category V management model for conservation action, promises a social-ecologically balanced method of environmental intervention that seeks to protect ecological communities while promoting sustainable socioeconomic systems. However, due to the poor ecological quality and immense level of anthropogenic influence in the type of forests that serves …

Evasion Of Foreign Taxes For Wildlife Exports As A Violation Of The Lacey Act, Audrey Elzerman

Sea Grant Law Fellow Publications

This study considers whether violations of foreign export duty requirements for live wildlife shipments can be prosecuted under United States law. The next section introduces the Lacey Act, which offers a potent enforcement tool against wildlife trafficking and related offenses. The study then considers whether and how export duty fraud violates the Lacey Act and the possible penalties that apply to such violations. Finally, it uses the Philippines as a case study to illustrate the utility of exporting country laws for Lacey Act prosecution of these cases.

Preventing A Risk/Risk Trade-Off: An Analysis Of The Measures Necessary To Increase U.S. Pollinator Numbers, Camila Acchiardo Vallejo

Pace Environmental Law Review

This Note will proceed in four parts. Part II will discuss the importance of pollinators and the possible reasons for their declining numbers. Part III will delve into the current and proposed actions to increase pollinator populations that are taking place in the United States. Part IV will then discuss the generally desired and widely accepted solution: a ban on neonicotinoids. This Part will introduce the implementation and results of a neonicotinoid ban in the European Union, and the risk/risk trade-off presented by a neonicotinoid ban. Finally, Part V will compile the solutions discussed in Parts III and IV, and …

Is Ecotourism An Outdated Solution To Orangutan Conservation In Sabah, Malaysian Borneo?, Ellis E. Thompson

University Honors Theses

Since its inception, ecotourism has been presented as an ideal way to raise money and awareness for conservation while at the same time benefitting local communities. In the early 1960's, orangutan rehabilitation centers in Malaysia and Indonesia began to integrate tourism into their fundraising efforts in order to reintroduce ex-captive orangutans back into the wild and provide education on the conservation of the species. This early integration of tourism led to a widely popular industry that today is thriving. The present research provides a review of the history and current perspectives of traditional orangutan tourism and the more novel wild …

The Relationship Between Carbon Emissions, Land Use Change And The Oil Palm Industry Within Southeast Asia, Savanna L. Booth

Master's Projects and Capstones

Tropical forests store the largest amount of carbon globally by sequestering up to 2.7 Gt of carbon every year in soils and vegetation. Deforestation and the conversion of tropical peatland soil have contributed to global anthropogenic carbon dioxide emissions, as well as significantly hindering tropical ecosystems and the natural carbon sequestration potential that could potentially help mitigate atmospheric CO₂ levels. Deforestation has increased rapidly since the 1970’s across Southeast Asia with oil palm contributing to 61% of deforestation between 2010 and 2015 with emissions reaching 22.1 million tons CO₂-eq during that time. The conversions of tropical peatlands …

Understanding And Addressing Governance Dysfunction And Unsustainable Development In The Illegal Gold Mining Region Of Madre De Dios, Peru, Phyllis Duff

International Development, Community and Environment (IDCE)

This paper endeavors to explore the link between dysfunction in governance systems and persistent challenges to sustainable development in the illegal gold mining region of Madre de Dios, Peru. Through the use of stakeholder narratives, field observations and literature review, four questions were examined: 1) What are the existing social and environmental conditions in the case study area? 2) What are the existing relationships amongst stakeholders, and how do these illustrate dysfunction of the existing system of governance? 3) What gaps and/or deficiencies in the existing system are revealed by stakeholder narratives, and what are their visions for an alternative …

The 'Lungs Of Our Land:' Deforestation And Climate Change's Destructive Circular Relationship, Meghan P. Micciolo

Villanova Environmental Law Journal

No abstract provided.

Urgent Need For National Maritime Security Arrangement In Indonesia: Towards Global Maritime Fulcrum, Dhiana Puspitawati

Indonesian Journal of International Law

Under President Joko Widodo’s administration, Indonesia’s archipelagic outlook has been re-asserted as the basis of Indonesia’s foreign policy, by introducing the concept of Global Maritime Fulcrum (GMF). GMF is aimed put Indonesia as a single maritime power with considerable diplomatic influence in becoming a central role in two vast maritime regions. The implementation requires the maintenance of three key areas national sovereignty, maritime security and regional stability. While the scope of maritime threats has been broaden, the establishment of maritime security should encompasses at least three key areas, namely settling unresolved maritime border with neighboring countries; combating illegal, unreported and …

Paradise Found? Local Cosmopolitanism, Lifestyle Migrant Emplacement, And Imaginaries Of Sustainable Development In La Manzanilla Del Mar, Mexico, Jennifer Cardinal

Anthropology ETDs

The southern Jalisco, Mexico coast is experiencing a transition as much of the beach-front land is being privatized for luxury resort development. In this dissertation I consider sustainable development in the coastal community of La Manzanilla del Mar in the context of this shifting social and material landscape. La Manzanilla is a tourism destination of approximately 1,700 residents, including an estimated 300 foreign residents. These foreign residents have been categorized as lifestyle migrants by social scientists, and lifestyle migration is distinguished from labor and forced migration as the consumption-based form of migration practiced primarily by the middle and upper classes …

The Roles Of Activism And Citizen Science In The Area Covered By The East Gippsland Regional Forest Agreement, Ian Corbet

Independent Study Project (ISP) Collection

For this Independent Study Project, I have examined the roles of activism and citizen science under the East Gippsland Regional Forestry Act. I conducted the study in the hopes of understanding better how activists have contributed to the overall conservation of the forests of East Gippsland. As the government has recently extended the twenty year agreement for another year, I wanted to determine if the real stakeholders of the conservation movement were taken into account. I sought the perspectives of people involved in the either the administration, implementation or opposition to the RFA. This ended up being eight people in …

Environmental Criminal Enforcement, University Of Michigan Law School

Event Materials

Program for the 2017 Spring Conference, sponsored by the Environmental Law and Policy Program, the Environmental Law Society, and the Michigan Journal of Environmental and Administrative Law.

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

Leslie Gielow Jacobs

No abstract provided.

Four New Species Of The Millipede Genus Eutrichodesmus Silvestri, 1910 From Laos, Including Two With Reduced Ozopores (Diplopoda, Polydesmida, Haplodesmidae), Weixin Liu, Sergei I. Golovatch, Thomas Wesener

KIP Articles

Laos has large areas of primary forest with a largely unexplored fauna. This is evidenced by millipedes, class Diplopoda, with fewer than 60 species being recorded from the country. In the widespread Southeast Asian “Star Millipede” genus Eutrichodesmus Silvestri, 1910 (family Haplodesmidae), only two of 49 recorded species have been found in Laos. Four new species of Star Millipedes are here described from caves in Laos: Eutrichodesmus steineri Liu & Wesener, sp. n., E. deporatus Liu & Wesener, sp. n., E. paraster Liu & Wesener, sp. n. and E. parvus Liu & Wesener, sp. n.. A fifth species, for which …

Anti-Logging Activist Murdered In Sierra Tarahumara, Carlos Navarro

SourceMex

No abstract provided.

Toward A More Coordinated, Integrated Response To Wildlife Trafficking And Other Natural Resource Crime, John C. Cruden, David S. Gualtieri

University of Pennsylvania Asian Law Review

No abstract provided.

Guide To Land Contracts: Forestry Projects, International Senior Lawyers Project, Kaitlin Y. Cordes, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

Agricultural investment contracts and forestry projects can be complex, with complicated provisions that are difficult to understand. To assist non-lawyers in better understanding agricultural investment contracts, such as those available on the Open Land Contracts repository, CCSI has developed a Guide to Land Contracts: Forestry Projects.

This Guide, prepared by International Senior Lawyers Project staff and volunteers in collaboration with the Columbia Center on Sustainable Investment, aims to assist the Open Land Contracts repository users in unpacking the technical provisions and language typically found in forestry contracts in order to better understand the contracts and the potential implications of …

Forest Carbon Projects In The Ukrainian Carpathians: An Assessment Of Potential Community Impacts And Benefits, Amanda R. Egan, William S. Keeton, Cecilia M. Danks, Ihor Soloviy, Asim Zia

Rubenstein School of Environment and Natural Resources Faculty Publications

Reducing emissions from deforestation and degradation (REDD+) is a frequently promoted climate change mitigation strategy. As forest carbon projects proceed, we are learning how they affect local sovereignty and resource access, particularly in developing economies. Central and Eastern Europe’s temperate forests offer potential for projects, yet little is known about how the sociopolitical context of these transitional economies may influence project success. In this article, we enhance understanding of potential community impacts and explore opportunities for fair benefit distribution in Ukraine’s Carpathian Mountain region. Through a thematic qualitative and interpretive analysis of interviews and observational data, we: (1) describe what …

Water Governance In Haiti: An Assessment Of Laws And Institutional Capacities, Ryan Stoa

Faculty Publications

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 …

Resilience And Community Response To Climate-Related Events: Case Studies From Four Countries, Aviva Klein Meyers, Karen Hardee

Reproductive Health

It is important for governments, aid organizations, and researchers to understand how developing communities respond to climate change and how their efforts can be improved within a framework of resilience thinking. This review explores the definition of resilience and, more specifically, community resilience and its components, then presents four case studies of community response to extreme weather events to illustrate community resilience in action. The review is intended to provide context for and inform more detailed exploration of community resilience in integrated programming (specifically, programming designed to improve health, environment, and population outcomes). It is also intended to capture references …

Solidarity In Action: Norwegian People's Aid Annual Report 2017, Npa

Global CWD Repository

Norwegian People’s Aid is a membership organisation that was founded in 1939.

We are the humanitarian organisation of the Norwegian Confederation of Trade Unions (LO), built on the same fundamental values: Unity, solidarity and human dignity.

The value basis for Norwegian People’s Aid is rooted in equal rights for all, irrespective of gender, ethnicity, religion, sexual orientation, disability and social status.

Norwegian People’s Aid shall be a credible, fearless organisation that challenges power and injustice and adopts independent standpoints on the basis of knowledge and experience from practical work.

Our vision, Solidarity in Action, characterises our work and involvement. Our …

Considerations Of Development In Malaysian Borneo, Zayn Kassam

EnviroLab Asia

Given Malaysia’s vast natural resources, the country has embarked on an ambitious set of development projects capitalizing on the opportunities afforded by extractive industrialization. Global and national demand for oil palm products, timber, and hydropower resources coupled with a governmental development agenda guided by neoliberal market principles has led to both economic growth and social and environmental injustice. This chapter argues for an alternative development model along the lines suggested by Escobar in addressing Malaysia’s path to development and fiscal well-being in a manner that safeguards its cultural and natural resources.

Up Close: An Interview, Madi Vorva '17

EnviroLab Asia

A long-time US activist against the deleterious impact of oil-palm deforestation in Southeast Asia learned a great deal about the indigenous peoples’ struggles there to gain control over their lives and livelihoods.

Environmental Justice And Extractive Industries: The Lummi Nation And Amazonian Indigenous, Gabriel D. Moe-Lobeda

MA IDS Thesis Projects

The negative impacts created by the operations of extractive industries are disproportionately felt by indigenous peoples around the world. Frequently, environmental justice organizations led by non-indigenous individuals or groups make efforts to support the work of these indigenous communities who are fighting to protect their peoples, cultures, and environments from mining, drilling, or other extractive operations. However, oftentimes environmental justice actors, no matter how well-intentioned, do not act in ways that are beneficial to indigenous efforts or respectful of indigenous peoples. This research study looks to examine how indigenous peoples who are fighting against extractive industries on their lands view …

Big World, Small Planet – Module 3: Meeting Human Needs Sustainably, Teacher Edition, Facing The Future, Western Washington University

Facing the Future Publications

Big World, Small Planet – Module 3: Meeting Human Needs Sustainably, Teacher Edition

We live in an interconnected world. Movies, music, news, manufactured goods like clothing and electronics, and people travel across the globe. With this much exchange of ideas, culture, and material goods, our actions in one region are sure to affect people living in other regions. Understanding how and where we connect can help us understand how we might impact others. This understanding can also help us find ways to make these new lines of contact work benefit of all.