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2013

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Full-Text Articles in Law

Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program Nov 2013

Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities …


Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (June 28, 2010), Indian Law Resource Center Nov 2013

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (June 28, 2010), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

"June 28, 2010"


Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (United Nations Workshop, 17-19 January 2005), Indian Law Resource Center Nov 2013

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (United Nations Workshop, 17-19 January 2005), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

U.N. Doc PFII/2004/WS.2/6


Free, Prior And Informed Consent: Ilo 169 And Undrip, Kelsey Peterson Nov 2013

Free, Prior And Informed Consent: Ilo 169 And Undrip, Kelsey Peterson

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

2 pages.

"Kelsey Peterson, American Indian Law Program Fellow, University of Colorado Law School Class of 2015"


Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann Nov 2013

Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

41 pages.

"January, 2009"

www.indianlaw.org


Could A State-Level Carbon Tax Work In The Intermountain West?, Adele C. Morris Oct 2013

Could A State-Level Carbon Tax Work In The Intermountain West?, Adele C. Morris

Brookings Scholar Lecture Series

With the U.S. federal government stuck in partisan gridlock, attention increasingly turns to states and localities for innovative climate solutions. This talk will explore the option for Intermountain West states to tax carbon, including how they could establish a tax base, set price signals, and manage revenue. The presentation will pay special attention to the option of “swapping” a carbon tax for revenue sources that more negatively impact economic growth, such as taxes on business activity. This research will explore the advantages and disadvantages of different approaches and consider the issue of the burdens on lower income households and certain …


Adaptive Planning For Flooding And Coastal Change In Virginia: Legal And Policy Issues For Local Government, Chris Olcott, Erica Penn Oct 2013

Adaptive Planning For Flooding And Coastal Change In Virginia: Legal And Policy Issues For Local Government, Chris Olcott, Erica Penn

Virginia Coastal Policy Center

No abstract provided.


Poaching As A Threat To Biodiversity And A Barrier To Sustainable Development In Western Uganda: A Case Study Of Queen Elizabeth National Park, Rwenzori Mountains National Park, Kibale National Park, And Surrounding Areas, Madeleine Torraca Jones Oct 2013

Poaching As A Threat To Biodiversity And A Barrier To Sustainable Development In Western Uganda: A Case Study Of Queen Elizabeth National Park, Rwenzori Mountains National Park, Kibale National Park, And Surrounding Areas, Madeleine Torraca Jones

Independent Study Project (ISP) Collection

Despite efforts of the international community and individual countries to end poaching activities and target the markets which drive these activities, poaching continues to be a global problem. This paper will discuss the methods, findings, and recommendations that have resulted from a study on poaching in western Uganda. Uganda is both a transit country for illegal animal species and their derivatives from neighboring countries as well as a home to a number of species that are targeted by poachers. This makes Uganda an area of importance to the study of persistent poaching. Many of Uganda’s protected areas and native species, …


Land Law, Land Rights, And Land Reform In Vietnam: A Deeper Look Into “Land Grabbing” For Public And Private Development, Kaitlin Hansen Oct 2013

Land Law, Land Rights, And Land Reform In Vietnam: A Deeper Look Into “Land Grabbing” For Public And Private Development, Kaitlin Hansen

Independent Study Project (ISP) Collection

As Vietnam continues to search for its ideal balance between Communist control and a market-led economy, land rights emerge at the forefront of the discussion concerning the tension between traditional Socialist ideals of people-owned and state managed property versus neoliberal ideals of private property rights. The purpose of this study is twofold. First, this study will explore the legal relationship between the Vietnamese state and individuals in regards to land ownership, land management, and land use rights, explaining how this relationship has changed over time with subsequent land laws. Going further, this study will focus on the 2013 land law …


Towards Respecting Indigenous Rights In Development Policy: The Case Of A Community-Based Forest Management Project In Panama, Benjamin Goodman Sep 2013

Towards Respecting Indigenous Rights In Development Policy: The Case Of A Community-Based Forest Management Project In Panama, Benjamin Goodman

Benjamin Goodman

As Latin American countries reach new heights of development, perched on the shoulders of an increasingly globalized economy, their local indigenous communities continue to be the most marginalized and impoverished people in the world. Sustainable development initiatives present themselves as a way to contribute to global economic development, while at the same time, respecting the livelihoods of rural peoples and preserving natural resources for future generations. However, unsustainable exploitation of natural resources continues to threaten the livelihoods and identities of many rural indigenous communities. As the economic, legal and political marginalization of indigenous peoples persists, the inevitable result of these …


Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Rocky Mountain Land Use Institute (Denver, Colo.), Colorado Bar Association. Natural Resources & Energy Section Sep 2013

Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Rocky Mountain Land Use Institute (Denver, Colo.), Colorado Bar Association. Natural Resources & Energy Section

Water, Oil and Gas: Nuts and Bolts of Oil and Gas Leases, Surface Use Agreements, and Water Rights for Non-Oil and Gas Attorneys (September 26)

This third program in the Water, Oil, and Gas 101 series was designed to provide those who don’t practice in the area with essential information regarding leases, surface use agreements, siting considerations for oil and gas facilities, the resolution of disputes before the Colorado Oil and Gas Conservation Commission (COGCC), the ins and outs of nontributary and produced nontributary ground water, and water rights as an asset.

Program topics include:

  • Oil and Gas Leases
  • Surface Use Agreements (SUAs)
  • Government’s Role in Authorizing Locations for Oil and Gas Development
  • Technical Aspects of Nontributary and Produced Nontributary Ground Water
  • Produced Nontributary Ground …


The Supreme Court’S Recent “Takings” Cases: The Koontz And Arkansas Decisions -- What Do They Mean For Local Government?, Lynda L. Butler Sep 2013

The Supreme Court’S Recent “Takings” Cases: The Koontz And Arkansas Decisions -- What Do They Mean For Local Government?, Lynda L. Butler

Virginia Coastal Policy Center Annual Conference

No abstract provided.


Understanding Lucas And Related “Takings” Law: Would Rebuilding Restrictions After A Storm Event Result In A “Total Economic Wipeout” And Constitute A “Takings”?, Sharon Pandak Sep 2013

Understanding Lucas And Related “Takings” Law: Would Rebuilding Restrictions After A Storm Event Result In A “Total Economic Wipeout” And Constitute A “Takings”?, Sharon Pandak

Virginia Coastal Policy Center Annual Conference

No abstract provided.


Maintaining Services: A Duty Today, Potential Issues Tomorrow?, Shana Jones, Chris Olcott Sep 2013

Maintaining Services: A Duty Today, Potential Issues Tomorrow?, Shana Jones, Chris Olcott

Virginia Coastal Policy Center Annual Conference

No abstract provided.


The Dillon Rule And Local Government Authority: An Overview Of The Issues, Ronald H. Rosenberg Sep 2013

The Dillon Rule And Local Government Authority: An Overview Of The Issues, Ronald H. Rosenberg

Virginia Coastal Policy Center Annual Conference

No abstract provided.


Framing The Legal Problems: Is A Holistic Strategy For Managing Stormwater, Flooding, And The Bay Tmdl Possible Or Advisable?, Henry R. Pollard Sep 2013

Framing The Legal Problems: Is A Holistic Strategy For Managing Stormwater, Flooding, And The Bay Tmdl Possible Or Advisable?, Henry R. Pollard

Virginia Coastal Policy Center Annual Conference

No abstract provided.


Issue Brief: Auditing Your Town's Development Code For Barriers To Sustainable Water Management, New England Environmental Finance Center Sep 2013

Issue Brief: Auditing Your Town's Development Code For Barriers To Sustainable Water Management, New England Environmental Finance Center

Sustainable Communities Capacity Building

This issue brief is intended for town officials who want to understand how development regulations in their community affect local water resources. Municipal development codes – the set of regulations that control the built environment – can have a great influence on the availability of clean and healthy water for drinking, recreation, and commercial uses. This in turn affects the community’s social, environmental, and economic vitality.

Comprehensive plans, zoning codes, and building standards are just a few examples of regulations that intentionally or unintentionally regulate the way water is transported, collected and absorbed. Regulations that produce dispersed development or large …


Issue Brief: Saving By Mitigating, University Of Louisville, New England Environmental Finance Center Sep 2013

Issue Brief: Saving By Mitigating, University Of Louisville, New England Environmental Finance Center

Sustainable Communities Capacity Building

Natural disasters can cause loss of life, inflict damage to buildings and infrastructure, and have devastating consequences for a community’s economic, social, and environmental well-being. Hazard mitigation means reducing damages from disasters.

Local governments have the responsibility to protect the health, safety, and welfare of their citizens. Proactive mitigation policies and actions help reduce risk and create safer, more disaster-resilient communities. Mitigation is an investment in your community’s future safety, equity, and sustainability.


China Msa’S Supervision Power On Pollution Prevention From Ships In Different Water Areas Under Unclos Framework, Penghao Zhou Aug 2013

China Msa’S Supervision Power On Pollution Prevention From Ships In Different Water Areas Under Unclos Framework, Penghao Zhou

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.


Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Aug 2013

Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Arizona v. California at 50: The Legacy and Future of Governance, Reserved Rights, and Water Transfers (Martz Summer Conference, August 15-16)

The Colorado River is an economic, environmental and cultural lifeline of the southwestern United States, and the allocation of its scarce waters are a source of ongoing controversy. This year marks the 50th anniversary of the Supreme Court decision in Arizona v. California. While the case was an important landmark in the still-evolving relationship between these two Lower Basin states, it remains most relevant today by the way in which it clarified federal rights and responsibilities. This is especially true in the areas of federal (including tribal) reserved rights, the role of the Interior Secretary in Lower Basin water …


Juxtaposing Nasa’S Aeronet Aod With Carb Pm Data Over The San Joaquin Valley To Facilitate Multi-Angle Imaging Spectroradiometer (Misr) Pm Pollution Research, John Kanemoto Aug 2013

Juxtaposing Nasa’S Aeronet Aod With Carb Pm Data Over The San Joaquin Valley To Facilitate Multi-Angle Imaging Spectroradiometer (Misr) Pm Pollution Research, John Kanemoto

STAR Program Research Presentations

Airborne particulate matter (PM) has been shown to increase the risk for asthma, chronic bronchitis, cardiopulmonary complications, and respiratory cell membrane damage/infection/leakage. PM levels are currently analyzed from two perspectives: stationary land-based monitoring (LBM) sites and total Aerosol Optical Depth (AOD) atmospheric column measurements. Both perspectives often leave miles of space between measuring locations and will have a continually increasing cost from introducing/maintaining sites. The Multi-angle Imaging SpectroRadiometer (MISR) satellite team hopes to begin investigating/archiving PM levels comprehensively via inputting MISR AOD measurements into a function/model which predicts the amount of ground level PM.

In the future, multivariable spatial correlations …


Agenda: Changing Regulatory Frameworks For Shale Development And "Social License To Operate", University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Jul 2013

Agenda: Changing Regulatory Frameworks For Shale Development And "Social License To Operate", University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Changing Regulatory Frameworks for Shale Development and "Social License to Operate" (July 24)

Rapid development of unconventional shale resources in recent years has raised a series of regulatory issues both here and abroad. Because of the "distributed" nature of shale development and the significant increase in wells in key basins, local land-use conflicts have also erupted in certain areas of the country, leading to restrictions and moratoria on drilling by state, county, and municipal governments and raising questions about the industry's continued social license to operate in key jurisdictions. This moderated panel discussion will assess the current regulatory framework governing shale gas development and the changing dynamics among federal, state, and local regulation …


Land Conservation In The Northeastern United States: An Assessment Of Historic Trends And Current Conditions, Robert J. Lilieholm, Spencer R. Meyer, Michelle L. Johnson, Christopher S. Cronan Jul 2013

Land Conservation In The Northeastern United States: An Assessment Of Historic Trends And Current Conditions, Robert J. Lilieholm, Spencer R. Meyer, Michelle L. Johnson, Christopher S. Cronan

Publications

This article discusses the evolution of land conservation efforts and outcomes in the Northeast, examine major drivers of landscape change, and review key conservation tools that have been used to protect public values at the local and landscape levels. We then assess the current status of land conservation, and draw lessons for other regions facing conservation challenges across mixed ownership landscapes under varying development and land-use pressures. Finally, we explore new and emerging trends in the factors driving land development and conservation activities in an effort to assess the challenges that lie ahead.


Brief 8: International Fisheries Governance That Works: The Case For A Global Fisheries Organization, J. Samuel Barkin, Elizabeth R. Desombre Jul 2013

Brief 8: International Fisheries Governance That Works: The Case For A Global Fisheries Organization, J. Samuel Barkin, Elizabeth R. Desombre

Governance and Sustainability Issue Brief Series

International fisheries are being overexploited, and the current institutional structure in place to manage them is not working effectively. Presently, two sets of intergovernmental institutions oversee global fishing. The first comprises roughly three dozen regional fisheries management organizations (RFMOs), approximately 19 of which are charged with regulating fishing in the areas they oversee. The second set consists of global organizations that touch on but do not directly regulate fisheries issues, such as the United Nations Food and Agriculture Organization (FAO), the World Trade Organization (WTO), the World Bank, and the International Maritime Organization (IMO). This management patchwork is inadequate to …


Slides: What Does Climate Change Mean For Cold Water Fisheries, Stan Bradshaw Jun 2013

Slides: What Does Climate Change Mean For Cold Water Fisheries, Stan Bradshaw

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

1 page "Abstract" and 8 slides


Agenda: Water, Oil And Gas: Recycling And Reuse Of Water, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project, Rocky Mountain Land Use Institute, Sturm College Of Law, University Of Denver, Colorado Bar Association, Natural Resources & Energy Section Jun 2013

Agenda: Water, Oil And Gas: Recycling And Reuse Of Water, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project, Rocky Mountain Land Use Institute, Sturm College Of Law, University Of Denver, Colorado Bar Association, Natural Resources & Energy Section

Water, Oil and Gas: Recycling and Reuse of Water (June 11)

Program co-chairs: Sarah Klahn, Matthew Sura; planning committee: Susan Daggett, Kathryn Mutz.

Co-sponsored by: Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School, Rocky Mountain Land Use Institute, Sturm College of Law, University of Denver, Natural Resources & Energy Section of the Colorado Bar Association.

This program is the second in a 3-part series focusing on critical water, oil and gas issues in Colorado. This second program focuses on the technology behind the recycling of produced water and hydraulic back fracturing flowback fluid and the issue of mandatory recycling. It also addresses the legal implications …


Slides: Is There A Dust Bowl In Our Future?: Projections For The Eastern Rockies And Central Great Plains, Dennis Ojima Jun 2013

Slides: Is There A Dust Bowl In Our Future?: Projections For The Eastern Rockies And Central Great Plains, Dennis Ojima

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Dennis Ojima, Senior Research Scientist, Natural Resource Ecology Laboratory, Colorado State University (NREL/CSU)

30 slides


Slides: Future Water Availability In The West: Will There Be Enough?, Michael Dettinger Jun 2013

Slides: Future Water Availability In The West: Will There Be Enough?, Michael Dettinger

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Michael Dettinger, USGS, Scripps Institution of Oceanography, La Jolla, CA

30 slides

"with contributions from Julio Betancourt, Dan Cayan, & others"


Slides: A History Of Climate Variability And Change In The American West, Kelly T. Redmond Jun 2013

Slides: A History Of Climate Variability And Change In The American West, Kelly T. Redmond

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Kelly T. Redmond, Regional Climatologist, Western Regional Climate Center (WRCC), Desert Research Institute

65 slides


Climate Change Adaptation Chapter: Marshfield, Massachusetts, Joshua H. Chase, Jonathan G. Cooper, Rory Elizabeth Fitzgerald, Filipe Antunes Lima, Sally R. Miller, Toni Marie Pignatelli May 2013

Climate Change Adaptation Chapter: Marshfield, Massachusetts, Joshua H. Chase, Jonathan G. Cooper, Rory Elizabeth Fitzgerald, Filipe Antunes Lima, Sally R. Miller, Toni Marie Pignatelli

Jonathan G. Cooper

Climate change, understood as a statistically significant variation in the mean state of the climate or its variability, is the greatest environmental challenge of this generation (Intergovernmental Panel on Climate Change, 2001). Marshfield is already being affected by changes in the climate that will have a profound effect on the town’s economy, public health, coastal resources, natural features, water systems, and public and private infrastructure. Adaptation strategies have been widely recognized as playing an important role in improving a community’s ability to respond to climate stressors by resisting damage and recovering quickly. Based on review of climate projections for the …