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Journal Articles

2012

Federal government

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Full-Text Articles in Law

Federal Constitutions: The Keystone Of Nested Commons Governance, Blake Hudson Jan 2012

Federal Constitutions: The Keystone Of Nested Commons Governance, Blake Hudson

Journal Articles

The constitutional structure of a federal system of government can undermine effective natural capital management across scales, from local to global. Federal constitutions that grant subnational governments virtually exclusive regulatory authority over certain types of natural capital appropriation — such as resources appropriated by private forest management or other land-use-related economic development activities — entrench a legally defensible natural capital commons in those jurisdictions. For example, the same constitution that may legally facilitate poor forest-management practices by private landowners in the southeastern United States may complicate international negotiations related to forest management and climate change. Both the local and international …


Fail-Safe Federalism And Climate Change: The Case Of U.S. And Canadian Forest Policy, Blake Hudson Jan 2012

Fail-Safe Federalism And Climate Change: The Case Of U.S. And Canadian Forest Policy, Blake Hudson

Journal Articles

Recent research demonstrates the difficulties that federal systems of government may present for international treaty formation, a prime example being legally binding treaties aimed at harnessing global forests to regulate climate change. Some federal constitutions, such as the U.S. and Canadian constitutions, grant subnational governments virtually exclusive direct forest management regulatory authority for non-federally owned forests. With subnational governments controlling sixty-five percent of forests in the United States and eighty-four percent in Canada, the U.S. and Canadian federal governments may be constrained during international negotiations and unable to legally bind subnational governments to any agreement prescribing methods of utilizing these …