Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Environmental Law

SelectedWorks

Selected Works

2012

Articles 1 - 30 of 48

Full-Text Articles in Law

The Road To Doha Through Seoul: The Diplomatic And Legal Implications Of The Pre-Cop 18 Ministerial Meeting, Jae-Hyup Lee, John Leitner, Minjung Chung Dec 2012

The Road To Doha Through Seoul: The Diplomatic And Legal Implications Of The Pre-Cop 18 Ministerial Meeting, Jae-Hyup Lee, John Leitner, Minjung Chung

Jae-Hyup Lee

International climate change negotiations reached a critical crossroads in 2012. Facing the conclusion of the Kyoto Protocol and with no successor regime yet negotiated, nations have been compelled to re-engage in substantive and far-ranging discussions. The nation of Korea has distinguished itself in this process, in particular by hosting the final ministerial meeting prior to this year’s Conference of the Parties in Doha, Qatar. The Korean government’s willingness to lead has also been evidenced by Korea’s founding of the Global Green Growth Institute, a leading international organization in the area of environmentally responsible economic development, and its successful bid to …


An Assessment Of The Effects Of Desertification In Yobe State, Nigeria, Jibril Musa Phd Dec 2012

An Assessment Of The Effects Of Desertification In Yobe State, Nigeria, Jibril Musa Phd

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

Desertification is one of the most serious environmental and socio-economic problems of our time. Desertification describes circumstances of land degradation in arid, semi-arid and dry sub-humid regions resulting from the climatic variation and human activities. The fundamental goal of this thesis was to assess the effects of desertification in Yobe State, Nigeria. The present threat of desertification in the sahel has reached an alarming stage where crops cultivation and animal rearing/grazing are no more productive, soil has lost its nutrient/fertility, various infrastructure had given way because of windstorm from the neighbouring Niger Republic and sand dunes had taken over. The …


Using Remote Sensing Data To Improve Rice Production In Kutigi, Niger State, Nigeria, Jibril Musa Phd, M B. Yunusa Dec 2012

Using Remote Sensing Data To Improve Rice Production In Kutigi, Niger State, Nigeria, Jibril Musa Phd, M B. Yunusa

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

This research work looked in the used of Remote Sensing to improve Agricultural production in Kutigi, Niger State. The aim of the study is to use remote sensing to improve rice farming activities in Kutigi, Niger State. It is very important to identify such methods to improve Agricultural production because experts are always interested in new researches and findings to better the standard of living in any environment. In view of this, Remotely-sensed data could be used or employed to elevate most of these agricultural problems in Kutigi through the following objectives: Using Landsat imagery to assess the present landuse …


Constraints In Adoption Of Moongbean Production Technology In Sundarban, West Bengal, Ganesh Chandra Dec 2012

Constraints In Adoption Of Moongbean Production Technology In Sundarban, West Bengal, Ganesh Chandra

Ganesh Chandra

The new agricultural technologies are considered to be the prime mover to the process of agricultural development in India. Understanding farmers’ perceptions of a given technology is crucial in the generation and diffusion of new technologies and farm household information dissemination. Pulses in India have long been considered as the poor man’s only source of protein. Moongbean (green gram) is one of the important pulse crop in India, plays a major role in augmenting the income of small and marginal farmers of Sundarban. Constraints are the circumstances or causes, which prohibit farmer to adopt improved farm technology. This constraint study …


Interstate Water Compact Version 3.0: Missouri River Basin Compact Drafters Should Consider An Inter-Sovereign Approach To Accommodate Federal And Tribal Interests In Water Resources, Jeffrey T. Matson Nov 2012

Interstate Water Compact Version 3.0: Missouri River Basin Compact Drafters Should Consider An Inter-Sovereign Approach To Accommodate Federal And Tribal Interests In Water Resources, Jeffrey T. Matson

Jeffrey T Matson

In the aftermath of the historic 2011 Missouri River flood, Missouri River Basin (MRB) state representatives and governors criticize the U.S. Army Corps of Engineers (Corps) for operating the Missouri River Mainstem Reservoir System (System) in support of the multiple, often conflicting, purposes outlined in the Flood Control Act of 1944. These officials envision entering into an interstate compact to divest the Corps of some of its operational authority and to broaden their role in managing water resources. Similarly, MRB tribal leaders argue that the Corps fails to operate its System in a manner that respects the interrelated issues of …


Deciphering Pakistan's Investment Policy: A Review Of Pakistani Bits, Nida Mahmood, Ahmad Ali Ghouri Oct 2012

Deciphering Pakistan's Investment Policy: A Review Of Pakistani Bits, Nida Mahmood, Ahmad Ali Ghouri

Nida Mahmood Ms

This study presents the first ever comprehensive analysis of Pakistani foreign investment treaty regime, which consists of 47 BITs as of 15 June, 2012. This study provides a provision by provision comparison of all 47 Pakistani BITs. The objective is to identify similarities and differences in these BITs, explaining legal implications of their individual provisions and suggesting policy changes for future BITs in the light of existing and emerging state practices. The overall purpose is to identify policy implications of the BITs regime for Pakistan. Looking forward, the study inquires how to enhance foreign investors’ confidence and to promote and …


Variations In Climatic Parameters And Food Crop Yields: Implications On Food Security In Benue State, Nigeria., Emmanuel Adamgbe, Fanan Ujoh Oct 2012

Variations In Climatic Parameters And Food Crop Yields: Implications On Food Security In Benue State, Nigeria., Emmanuel Adamgbe, Fanan Ujoh

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

Agricultural production in Nigeria like in other developing countries is highly vulnerable to variations in climatic parameters which may have inverse or direct effect on the performance of food crops. This paper examines the patterns and trends of the variations in the climatic parameters and the implications of such variations on efficient yield rates of some food crops in Benue State using data on climatic variables (rainfall, temperature, sunshine) and the yield of some crops per hectare for 25 years (1986-2010). Data on the climatic variables were collected from the Nigerian Meteorological Agency, AirForce Base, Makurdi while the data on …


A Case Study On Burying Alive Of Two Women In Balochistan, Sohail Ahmed Ansari Advocate Oct 2012

A Case Study On Burying Alive Of Two Women In Balochistan, Sohail Ahmed Ansari Advocate

Sohail Ahmed Ansari Advocate

Violence against women is present in a variety of forms in Pakistan. From domestic abuse & sexual harassment to child marriages and honour killing; a range of anti-women atrocities are carried out. Pakistani women face systematic discrimination from the day they are born. The patriarchal mindset of society refuses to recognize them as human beings deserving of equality, human rights and justice. Unfortunately in some parts of Balochistan a brutal custom of justice prevails; where the women are treated as trading objects. They are being tried without hearing their cause. They are not allowed to plea their case. They are …


Rural Waste Management: Challenges And Issues In Romania, Liviu Apostol, Florin C. Mihai Oct 2012

Rural Waste Management: Challenges And Issues In Romania, Liviu Apostol, Florin C. Mihai

Florin C MIHAI

Rural areas of the new EU Member States face serious problems in compliance of EU regulation on waste management. Firstly, the share of rural population is higher and it has lower living standards and secondly, the waste collection services are poorly-developed covering some rural regions. In this context, open dumping is used as an appropriate waste disposal solution generating complex pollution. This paper analyzes the disparities between Romanian counties regarding the rural population access to waste collection services in 2008 which reflects the geographical distribution of rural dumpsites in 2009. It examines on one hand , the role of waste …


Migration And Disaster-Induced Displacement: European Policy, Practice, And Perspective, Michael D. Cooper Oct 2012

Migration And Disaster-Induced Displacement: European Policy, Practice, And Perspective, Michael D. Cooper

Michael D. Cooper, Esq.

Over the last decade, a series of devastating natural disasters have killed hundreds of thousands of people, displaced millions, and decimated the built environment across wide regions, shocking the public imagination and garnering unprecedented financial support for humanitarian relief efforts. Some suggest that disaster migration must be supported by the international community, first as an adaption strategy in response to climate-change, and second, as a matter of international protection. This study surveys the current state of law as it relates to persons displaced by natural disaster, with a specific focus on the 27 member states of the European Union plus …


Re-Tuning Tuna? Appellate Body Report In Us – Tuna Ii, Lukasz A. Gruszczynski Sep 2012

Re-Tuning Tuna? Appellate Body Report In Us – Tuna Ii, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

Under the TBT Agreement, a labelling requirement can be qualified as a technical regulation, and not as a standard, even if it does not constitute a precondition for placing a product for sale on the relevant market. Examination of “no less favourable treatment” under Article 2.1 requires determining whether a measure modifies the conditions of competition in the relevant market to the detriment of imported like products, and whether such detrimental impact stems exclusively from a legitimate regulatory distinction rather than reflecting discrimination against the group of imported like products. The evaluation of whether a measure is more trade-restrictive than …


Aspectos Democraticos De La Ley De Ordenamiento Territorial Y Usos Del Suelo De La Provincia De Mendoza Nª 8051, Luis Gabriel Escobar Blanco Jun 2012

Aspectos Democraticos De La Ley De Ordenamiento Territorial Y Usos Del Suelo De La Provincia De Mendoza Nª 8051, Luis Gabriel Escobar Blanco

Luis Gabriel Escobar Blanco

In these times when direct forms of democracy burst before formal institutions, the Land Use Planning Law in the Province of Mendoza is presented as valid and democratic alternative, which integrates direct citizen participation with the constitutional representative principle, contemplating identity cultural as a valid indicator for the management modelThis Law Nº 8051 formalizes and concrete the spirit of the quintessential democratic in three principles: government of the people, by the people and for the people. And we add our tradition the principle "the people want to know what it is"


A Comprehensive Solution To The Marine Biofouling Problem For The Endangered Florida Manatee And Other Species, Kathleen Oppenheimer Berkey Esq., Aicp, Todd K. Bendor Phd May 2012

A Comprehensive Solution To The Marine Biofouling Problem For The Endangered Florida Manatee And Other Species, Kathleen Oppenheimer Berkey Esq., Aicp, Todd K. Bendor Phd

Kathleen Oppenheimer Berkey

Marine biofouling is the undesirable accumulation of microorganisms, plants, algae, arthropods, or mollusks on a surface, such as a ship’s hull, when it is in contact with water for a period of time. Biofouling and its traditional remedies pose serious environmental consequences, including: 1) the transportation of nonindigenous marine species that can outcompete with native species for space and resources, thereby reducing biodiversity and threatening the viability of fisheries or aquaculture, 2) the accumulation of zinc- or copper-based toxins that can harm mollusk and marine mammal populations, and 3) the increase in weight, decrease in flexibility, decrease in mobility, and …


Guide To Incorporation Of Not For Profit Organisations In Nigeria, Taiwo Adebola Odumosu Mr. May 2012

Guide To Incorporation Of Not For Profit Organisations In Nigeria, Taiwo Adebola Odumosu Mr.

Taiwo Adebola Odumosu Mr.

The incorporation of non-profit bodies in Nigeria is governed by the Companies and Allied Matters Act, 2004 (‘the Act’). The Corporate Affairs Commission (CAC) is vested with responsibility for non-profit organisations. The CAC has branches in most State capitals of the Federation and its headquarters is based in Abuja, the Federal Capital Territory. Before applying to the CAC for incorporation of a non-profit body, one must check that the name of the new entity is not already in use. This can be done by purchasing an Availability Form, which costs very little. In Nigeria only legal practitioners, and to some …


Dynamics Of Land Use/Land Cover Changes And Its Implication On Food Security In Anyigba, North Central, Nigeria, Tokula E. Arome, Sunday P. Ejaro (Phd) May 2012

Dynamics Of Land Use/Land Cover Changes And Its Implication On Food Security In Anyigba, North Central, Nigeria, Tokula E. Arome, Sunday P. Ejaro (Phd)

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

This study assessed land use/land cover changes and its effect on Agricultural land in Anyigba. The objectives were to identify and delineate different land use / land cover categories, assess the rate of change that occurred and examine the impact of land use/land cover change on food security using satellite remote sensing data collected at three different years (1987 Land sat TM, 2001 Land Sat TM and 2011 Land Sat ETM). The study utilized GIS software such as Idrisi Andes academic and ArcGIS 9.3. The study area covers approximately 31.8km2, and four major land use/cover classes were utilized (built up, …


Disparities In Municipal Waste Management Across Eu-27. A Geographical Approach, Florin C. Mihai, Liviu Apostol May 2012

Disparities In Municipal Waste Management Across Eu-27. A Geographical Approach, Florin C. Mihai, Liviu Apostol

Florin C MIHAI

Inadequate waste management leads to many environmental issues and the adoption of an efficient and sustainable waste management has become a priority objective of the EU. However, besides the demographic factors, the various socio-economic and geographical conditions of this complex space lead to major disparities in municipal waste management between North and South, East and West. This paper aims to do a spatial-temporal analysis of the Eurostat indicators using ascending hierarchical cluster analysis that divides the member states into five typological classes. The resulted maps highlight territorial disparities among Member States on municipal waste management and also reveal the evolution …


An Environmental Legal Practitioner’S Guide To Epa’S Website, Taryn L. Rucinski May 2012

An Environmental Legal Practitioner’S Guide To Epa’S Website, Taryn L. Rucinski

Taryn L. Rucinski

Amidst the birth of the United States (U.S.) environmental movement of the twentieth century, one of the most important and far reaching developments in terms of the federal government was the creation of the U.S. Environmental Protection Agency (EPA), an agency whose sole purpose was to ensure the protection, development, and enhancement of the natural environment. Since its birth in 1970, the EPA has grown from a relatively small, underfunded department to one of the largest independent agencies within the federal government, with regulatory responsibilities running the gamut from household cleaners to drinking water, to waste disposal and beyond. However, …


Judicial Review Of Administrative Action/ Decision As The Primary Vehicle For Constitutionalism: Law And Procedures In Tanzania, Daudi Mwita Nyamaka Mr. Mar 2012

Judicial Review Of Administrative Action/ Decision As The Primary Vehicle For Constitutionalism: Law And Procedures In Tanzania, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

This paper examines the discretionary powers of the High Court of Tanzania to review decisions and actions of other public bodies as a means to uphold the spirit of the Constitution on checks and balances between the three organs of the state. The writer examines the procedures for judicial review, the legal and procedural requirements and the remedies available under the laws of Tanzania, however, the writer further examines experiences from other countries particularly from case laws.


An Environmental Legal Practitioner's Guide To The Epa’S Website: Http://Www.Epa.Gov, Taryn L. Rucinski Mar 2012

An Environmental Legal Practitioner's Guide To The Epa’S Website: Http://Www.Epa.Gov, Taryn L. Rucinski

Taryn L. Rucinski

This presentation will provide users with an annotated guide to EPA.gov, the EPA’s public internet portal. Issues discussed will include: the EPA’s organization, strategies for navigating the website, as well as some key databases and general resources that will be of most assistance to the environmental legal practitioner.


The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos Mar 2012

The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos

Michael Diathesopoulos

The paper examines the characteristics of some common alternative forms of dispute settlement and their key differences from arbitration regarding their nature and scope. Its purpose is to explore each mechanism's suitability for specific types of disputes.


“I Think I Know You From Somewhere?” Putting A Face To The Name (Or Citation), Benjamin S. Lowenthal Feb 2012

“I Think I Know You From Somewhere?” Putting A Face To The Name (Or Citation), Benjamin S. Lowenthal

Benjamin S. Lowenthal

No abstract provided.


America’S Quasi Feed-In Tariffs: Leveraging Recent Ferc Orders To Kickstart A Renewable Energy Revolution, Evan B. Oxhorn Feb 2012

America’S Quasi Feed-In Tariffs: Leveraging Recent Ferc Orders To Kickstart A Renewable Energy Revolution, Evan B. Oxhorn

Evan B Oxhorn

Germany has pioneered a new tool for renewable energy growth that has resulted in a 76% increase in solar photovoltaic installations in 2010 at the average cost of $3 per month, per person. Unfortunately, federal legislation has prevented the United States from using this tool. Two recent orders by the Federal Energy Regulatory Commission change that.


Socio-Economic Effects Of Demolishing Squatter Settlements And Illegal Structures In Abuja Metropolis, Federal Capital Territory, Nigeria, Ishaku Iy Mallo Phd, Victor G. Obasanya Jan 2012

Socio-Economic Effects Of Demolishing Squatter Settlements And Illegal Structures In Abuja Metropolis, Federal Capital Territory, Nigeria, Ishaku Iy Mallo Phd, Victor G. Obasanya

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

Abuja the Federal Capital Territory and study area is located between latitudes 8o25’ and 9o25’ North of the Equator and longitudes 6o45’ and 7o45’ East of the Greenwich Meridian. The study was carried out in Abuja Phase 1, and it is aimed at highlighting various socioeconomic effects of demolition of illegal structures and informal or squatter settlements on the people within the study area. Data was collected through reconnaissance survey, personal interviews with respondents, and a well laid out questionnaire. The results indicate that the demolition exercise embarked upon by the authorities in the Federal Capital Territory was a response …


Rainfall Variability And Crop Zones Classification For The Federal Capital Territory, Nigeria, Shaibu M. Hassan Phd Jan 2012

Rainfall Variability And Crop Zones Classification For The Federal Capital Territory, Nigeria, Shaibu M. Hassan Phd

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

This study aims at analyzing agro-climatological parameters and establishing a link between some selected agro-climatological indices and sustainability of agricultural production in the Federal Capital Territory (FCT). Two sets of data, climatic and crop yield data were collected and subjected to various agro-climatological analyses. Agro-climatological analyses include the derivation of Onset, Cessation and Length of Rainy Season (LRS), Seasonality Index, Drought Index and Precipitation Periodicity Index. The statistical analyses include monthly and annual means, deviation from the mean, trend line. The result of moisture index in line with crops optimum moisture requirement was used to classify the Territory into agro-climatic …


Legal And Market Uncertainty In Market-Based Instruments: The Case Of The Eu Ets, Giuseppe Dari-Mattiacci, Josephine Van Zeben Jan 2012

Legal And Market Uncertainty In Market-Based Instruments: The Case Of The Eu Ets, Giuseppe Dari-Mattiacci, Josephine Van Zeben

Giuseppe Dari-Mattiacci

‘Legal uncertainty’ is the uncertainty experienced by the parties to a lawsuit with respect to the outcome of litigation. When the consequences of a judgment extend to third parties, legal uncertainty can spread into markets and become ‘market uncertainty’. Thus, market uncertainty has relevant and pervasive consequences not only for the litigants but also for unrelated third parties. We argue that certain types of legal remedies cause the transformation from legal uncertainty into market uncertainty. This problem is particular to ‘artificial markets’, such as those created by the legislator for the purposes of market-based regulation, e.g. the European Union Emission …


Expectations From Technology And The Indian State: Comparing Interventions And The Judiciary, Nupur Chowdhury, Nidhi Srivastava Jan 2012

Expectations From Technology And The Indian State: Comparing Interventions And The Judiciary, Nupur Chowdhury, Nidhi Srivastava

Nupur Chowdhury

The Indian State’s expectations from technology in terms of its role in economic development has been an important factor, in shaping public policy in India. Post-independence the government through its five year plans laid the essential groundwork for sustained public investment in technology development in specific sectors, like agriculture. Since the early eighties, the interventions were more forthright – departments were set up to channel public research investment and promote technologies like biotechnology and information technology. This illustrated a shift from purposive technology towards embracing an all-encompassing technology vision that formed the core of the economic development agenda, considered a …


Environments, Externalities And Ethics: Compulsory Multinational And Transnational Corporate Bonding To Promote Accountability For Externalization Of Environmental Harm, Matthew A. Susson Jan 2012

Environments, Externalities And Ethics: Compulsory Multinational And Transnational Corporate Bonding To Promote Accountability For Externalization Of Environmental Harm, Matthew A. Susson

Matthew A Susson

Developing nations often look to their bounty of natural resources or willing labor as a means of attracting international investors. While national and local governments frequently perceive the arrival of a multinational corporate presence as a boon to their economy, the potential for government instability, ineffectiveness or corruption may facilitate environmentally exploitive corporate practices. Furthermore, residents of the subject nation may be left without proper legal recourse. Legislators have made various efforts in both the United States and abroad to propound Corporate Codes of Conduct to address such concerns, but despite laudable intentions, features of the increasingly global economy “accentuate …


Rio+20 - An Analysis Of The Zero Draft And The Final Outcome Document “The Future We Want”, Vicki-Ann Assevero, Sonali P. Chitre Jan 2012

Rio+20 - An Analysis Of The Zero Draft And The Final Outcome Document “The Future We Want”, Vicki-Ann Assevero, Sonali P. Chitre

Sonali P Chitre

Rio 20 the United Nations Conference on Sustainable Development (UNCSD) was held June 20-22, 2012 to allow world leaders as well as participants from governments, civil society, nongovernmental organizations (NGOs), and other groups to come together to draft a roadmap detailing how the world should promote sustainable development. The Final Outcome Document (FOD) of Rio 201 is more detailed and stronger than the initial Zero Draft. The Zero Draft of January 10, 2012 by the Secretariat was purposely general and left many areas to be filled in by specific country proposals. The FOD was finalized and agreed upon by 192 …


Protection Of Human Rights And The Environment: Links And Approaches, Abdulkadir Bolaji Abdulkadir Jan 2012

Protection Of Human Rights And The Environment: Links And Approaches, Abdulkadir Bolaji Abdulkadir

Abdulkadir Bolaji Abdulkadir

Environmental degradations have adverse consequences, both short-term and long-term on the efficacious enjoyment of environmental human rights. Though these consequences are the results of the errant use and abuse of the environment resources by the affluent people and rich states around the globe, and their engagement with such activities that are not environmentally friendly, the most susceptible and sufferers are less privileged and indigent population of the developing and least developed countries. The best example of it is the phenomenon of global warming and its impact on countries across the world. Global warming, which is causing adverse weather conditions as …


Issues And Challenges In Environmental Justice Delivery System In Malaysia And Nigeria: The Need For Liberalising The Strict Rules Of Locus Standi, Abdulkadir Bolaji Abdulkadir Jan 2012

Issues And Challenges In Environmental Justice Delivery System In Malaysia And Nigeria: The Need For Liberalising The Strict Rules Of Locus Standi, Abdulkadir Bolaji Abdulkadir

Abdulkadir Bolaji Abdulkadir

The court remains the last hope of the commoners. Where the authority erred in law, the only avenue to make them accountable to the public is through the interference of the court. However, seeking environmental justice is a difficult task for the masses due to the stringent rules involved in environmental matters. These rules pose a great challenge to the victims of environmental degradation. These rules are the problem of locus standi, institution of class action, limitation of time, the issue of cost and burden of proof. All these rules to a great extent present a difficult task to victims …