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Articles 1 - 30 of 132
Full-Text Articles in Law
Mining Law & Regulatory: Practice In Indonesia, Tri Hayati
Mining Law & Regulatory: Practice In Indonesia, Tri Hayati
Indonesia Law Review
Mining law, since before the Indonesian independence has already been a debatable topic between the business sector, Government, and other stakeholders until now. Several issues of mining law that have been debated among others, are: the form of concession and the authority for issuing mining licenses in relations with the right of state control stipulated under Article 33 paragraph (3) of the 1945 Indonesian Constitution, issues regarding taxes and royalties, environmental issues and other obligations. Since the enactment of Indische Mijn Wet 1899 until the enactment of Law No. 4 of 2009, these debates have yet to be settled; more, …
Biodiversity Beyond National Jurisdiction: Current Debate And Indonesia's Interest, Gulardi Nurbintoro, Haryo Budi Nugroho
Biodiversity Beyond National Jurisdiction: Current Debate And Indonesia's Interest, Gulardi Nurbintoro, Haryo Budi Nugroho
Indonesia Law Review
The drafters of the 1982 UN Convention on the Law of the Sea (UNCLOS) have left behind a lacunae in terms of the regulations concerning Biodiversity in the Areas Beyond National Jurisdiction (BBNJ). As living organisms are found in the deep seabed in areas beyond national jurisdiction, as well as the utilization of marine genetic resources beyond national jurisdiction for commercial purposes, States are currently deliberating on the proper regime in dealing with the management and exploitation of the biodiversity. Some States argue that Part XI UNCLOS applies hence BBNJ is also part of the Common Heritage of Mankind. On …
Adopsi Prinsip Permanent Sovereignty Over Natural Resources (Psnr) Migas, Cut Asmaul Husna Tr
Adopsi Prinsip Permanent Sovereignty Over Natural Resources (Psnr) Migas, Cut Asmaul Husna Tr
Jurnal Hukum & Pembangunan
The specificity of the setting investment in upstream oil and gas consequences of role of the state that is large enough. This is because the upstream oil and gas sector requires capital investment costs are relatively large; high risk, the use of advanced technology and trained human resources. However, investment in upstream oil and gas sector also gives a great advantage. Therefore, oil and gas producing countries seek to maximize the full control over the affairs of operations, production, management, and marketing. It is supported by the United Nations General Assembly Resolution (UN) No. 2158 (XXI) of 25 November 1966 …
Center For Biological Diversity V. Jewell, Kirsa Shelkey
Center For Biological Diversity V. Jewell, Kirsa Shelkey
Public Land & Resources Law Review
Following years of pressure to list the upper Missouri River population of Arctic grayling as an endangered or threatened species, the United States Fish and Wildlife Service issued a 2014 Finding that listing the fish was “not warranted at this time.” The Service relied on voluntary Candidate Conservation Agreements with Assurances in the Big Hole River Basin to determine that listing criteria under the Endangered Species Act was not met and therefore listing was not necessary. Ultimately, the court deferred to agency expertise and found that the Service’s decision not to list the Arctic grayling was reasonable.
United States V. Washington, Kirsa Shelkey
United States V. Washington, Kirsa Shelkey
Public Land & Resources Law Review
Pacific Northwest Treaties, now known as the Stevens Treaties, were negotiated in the 1850’s between the U.S. and Indian tribes, including the Suquamish Indian Tribe, Jamestown S'Klallam, Lower Elwha Band of Klallams, Port Gamble Clallam, Nisqually Indian Tribe, Nooksack Tribe, Sauk-Suiattle Tribe, Skokomish Indian Tribe, Squaxin Island Tribe, Stillaguamish Tribe, Upper Skagit Tribe, Tulalip Tribes, Lummi Indian Nation, Quinault Indian Nation, Puyallup Tribe, Hoh Tribe, Confederated Tribes and Bands of the Yakama Indian Nation, Quileute Indian Tribe, Makah Indian Tribe, Swinomish Indian Tribal Community, and the Muckleshoot Indian Tribe (“Tribes”). The Stevens Treaties stated that “the right of taking fish, …
The Clean Water Rule: What It Is And Why It Needs To Go, Charles C. Davis, Iii
The Clean Water Rule: What It Is And Why It Needs To Go, Charles C. Davis, Iii
Journal of Legislation
No abstract provided.
Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo
Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo
Georgia Journal of International & Comparative Law
No abstract provided.
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Midstream Acreage Dedications: Covenants Running With The Land Or A Conveyancing Confusion?, Jordan D. Volino
Midstream Acreage Dedications: Covenants Running With The Land Or A Conveyancing Confusion?, Jordan D. Volino
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction, Micah L. Adkison
Editor's Introduction, Micah L. Adkison
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
When States’ Legislation And Constitutions Collide With Angry Locals: Shale Oil And Gas Development And Its Many Masters, Heidi Gorovitz Robertson
When States’ Legislation And Constitutions Collide With Angry Locals: Shale Oil And Gas Development And Its Many Masters, Heidi Gorovitz Robertson
William & Mary Environmental Law and Policy Review
This Article explores the nationally common problem of tension and conflict among state oil and gas statutes, constitutional home rule, and local control by considering intersections and tensions among the Ohio Constitution’s home rule authority, the Ohio oil and gas law’s preemption provision, and the many regulatory efforts of Ohio’s local governments. It explores the scope of the Ohio Constitution’s home rule authority, in part, by evaluating courts’ statements on the validity of several types of local ordinances, as they confront home rule and a legislative attempt at preemption. Types of local ordinances evaluated include those that prohibit or ban …
Optimal Property Rights For Emerging Natural Resources: A Case Study On Owning Atmospheric Moisture, Jianlin Chen
Optimal Property Rights For Emerging Natural Resources: A Case Study On Owning Atmospheric Moisture, Jianlin Chen
University of Michigan Journal of Law Reform
This Article critically examines the design of property rights for emerging natural resources—naturally occurring substances that humans have only recently come to be able to exploit viably—through a case study of how the fifty states allocate ownership in, and regulate the use of, atmospheric moisture, an issue that has emerged in the context of weather modification (particularly cloud seeding). Building on the surprising finding that legislative declarations of state ownership have not resulted in greater regulatory control or other substantial restrictions on private use, this Article highlights a dimension of property rights design that has yet to receive concerted scholarly …
The Deepwater Horizon Oil Spill Litigation: Proof Of Concept For The Manual For Complex Litigation And The 2015 Amendments To The Federal Rules Of Civil Procedure, John C. Cruden, Steve O'Rourke, Sarah D. Himmelhoch
The Deepwater Horizon Oil Spill Litigation: Proof Of Concept For The Manual For Complex Litigation And The 2015 Amendments To The Federal Rules Of Civil Procedure, John C. Cruden, Steve O'Rourke, Sarah D. Himmelhoch
Michigan Journal of Environmental & Administrative Law
On April 20, 2010, the oil rig Deepwater Horizon exploded in the Gulf of Mexico, killing eleven people and injuring seventeen more. Efforts to stop the spill failed. For the next eighty-seven days, hundreds of millions of barrels of oil poured into the Gulf. This catastrophe not only changed the lives of the families of the dead and injured and the communities who experienced the economic and social disruption of the spill – it challenged the survival of the ecosystem of the ninth largest water body in the world. The oil spill extended fifty miles offshore from Louisiana in the …
Bringing Pacific Bluefin Tuna Back From The Brink: Ensuring The Submission Of Operational Data To The Western And Central Pacific Fisheries Commission, Chris Wold, Mitsuhiko Takahashi, Siwon Park, Viv Fernandes, Sarah Butler
Bringing Pacific Bluefin Tuna Back From The Brink: Ensuring The Submission Of Operational Data To The Western And Central Pacific Fisheries Commission, Chris Wold, Mitsuhiko Takahashi, Siwon Park, Viv Fernandes, Sarah Butler
Michigan Journal of Environmental & Administrative Law
The Commission of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western Pacific Ocean (WCPFC) manages fish stocks of significant financial and ecological value across an area of the Pacific Ocean comprising 20% of Earth. WCPFC members, however, have disagreed sharply over management measures for tuna, sharks, and other species, in part because some WCPFC members have refused to provide the WCPFC with vessel-specific data, known as operational data, which is needed to manage the stocks sustainably. Despite a legal requirement to submit operational data to the WCPFC, these members, including Japan and Korea, …
Sovereign Lands, Melissa Stewart
Sovereign Lands, Melissa Stewart
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Wyoming, John R. Chadd
Wyoming, John R. Chadd
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
West Virginia, Andrew Graham
West Virginia, Andrew Graham
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Virginia, Dan Kostrub, Elizabeth Lake
Virginia, Dan Kostrub, Elizabeth Lake
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Utah, Jim Tartaglia, Matt Gabriel
Utah, Jim Tartaglia, Matt Gabriel
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Texas, Don Hueske, Ashley Howie Tallichet
Texas, Don Hueske, Ashley Howie Tallichet
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Tennessee, Gary D. Holland
Tennessee, Gary D. Holland
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Pennsylvania, Nathaniel I. Holland, Jon C. Beckman, Sarah Quinn
Pennsylvania, Nathaniel I. Holland, Jon C. Beckman, Sarah Quinn
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Oklahoma, Matt Schlensker
Oklahoma, Matt Schlensker
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Ohio, Timothy M. Mckeen, M. Vafa Barissi
Ohio, Timothy M. Mckeen, M. Vafa Barissi
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
North Dakota, William Black
North Dakota, William Black
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
New York, Nathaniel I. Holland, Benedict J. Kirchner
New York, Nathaniel I. Holland, Benedict J. Kirchner
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
New Mexico, Zach Gaver
New Mexico, Zach Gaver
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Nevada, Kacie M. Bevers
Nevada, Kacie M. Bevers
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Nebraska, James R. Nicas, Ashley Howie Tallichet
Nebraska, James R. Nicas, Ashley Howie Tallichet
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Montana, Jessica E. Mcdonald
Montana, Jessica E. Mcdonald
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.