Natural Resources Law Commons^™

Three's A Crowd: Examining Georgia's Options In The Tri-State Water Wars Under Principles Of International Law, Eva M. Lamanna

Georgia Journal of International & Comparative Law

No abstract provided.

Community Involvement In Brownfield Redevelopment Makes Cents: A Study Of Brownfield Redevelopment Initiatives In The United States And Central And Eastern Europe, Anne Marie Pippin

Georgia Journal of International & Comparative Law

No abstract provided.

Resource Scarcity From An Applied Economic Perspective, José Cuesta

Georgia Journal of International & Comparative Law

No abstract provided.

International Law In A Time Of Scarcity: An Introduction, Harlan G. Cohen

Georgia Journal of International & Comparative Law

No abstract provided.

Turtle Power Down Under The Sea?: Comparative Domestic And International Legal Protection Of Marine Turtles By Australia And The United States, Marjorie Palmer

Georgia Journal of International & Comparative Law

No abstract provided.

Tourism In Antarctica: History, Current Challenges And Proposals For Regulation, Juan Y. Harcha

LLM Theses and Essays

Tourism in the Antarctic has experienced rapid growth throughout the last fifteen years with over 30,000 people visiting the white continent during the 2005 - 2006 season. Such expansion offers a host of new activities for visitors to explore this immense wilderness, yet it brings considerable unease over the future of Antarctica. As of 1961, issues concerning the white continent have been dealt with under the Antarctic Treaty System, which has provided the forum for the discussion of numerous measures. This paper looks into the history of tourism, analyzes the main challenges such industry poses, and attempts an assessment of …

Chicken Little Revisited: Nafta Regulatory Expropriations After Methanex, Jessica C. Lawrence

Georgia Law Review

In August, 2005, a NAFTA dispute-resolution panel handed down its decision in Methanex Corp. v. United States, holding that, inter alia, California's regulatory ban on the gasoline additive MTBE was not a regulatory expropriation under NAFTA's Article 1110. Many of NAFTA's supporters reacted jubilantly to the decision, claiming that it proved--contrary to the "doomsday predictions" of anti-NAFTA "Chicken Littles"--that the agreement's investment chapter does not interfere with states' ability to enact regulations designed to protect the public interest. Such elation, however, is premature. This Note explains how, far from having "consigned to the garbage heap" the idea that the regulatory …

The Problem Of Reallocation In A Regulated Riparian System: Examining The Law In Georgia, Wilson Barmeyer

Georgia Law Review

There has been considerable debate over creating a market for water withdrawal permits in Georgia. Water market proponents argue that Georgia currently lacks the tools to reallocate water efficiently and to sustain continued economic growth. Opponents argue that a market is an inappropriate way for Georgia to introduce economic incentives into water management. This Note rejects the dichotomous choice between market and non market institutions. Instead, it presents a range of water reallocation mechanisms and argues that water supply solutions should be tailored to meet specific problems and objectives. Such an approach emphasizes the need for regional planning and management …

Commercially Harvesting Endangered Salmon? Rethinking The Interaction Of Salmon Hatcheries And The Endangered Species Act After Alsea Valley Alliance V. Evans, Joseph A. Brown

Georgia Law Review

Prior to 2001, a dichotomy existed in the application of the Endangered Species Act. Naturally spawned salmon, dwindling in number, were afforded the Act's protection while hatchery-spawned salmon, released in the billions each year, were commercially harvested and almost universally excluded from the Act's purview. A recent federal district court decision, however, held that the salmon listing decisions had not properly considered the contribution of hatchery-spawned salmon. Although the subsequent agency review mandated by the court decision left the listing determinations largely unchanged, this Note argues that the most profound implications of the court's decision regard hatchery management rather than …

Incentives For Action: Market-Based Environmental Strategies, Sheikh Sarmad Hafeez

LLM Theses and Essays

Societies have dealt with problems of environmental degradation for centuries, revealing a consistent concern among law makers regarding rates of natural resource consumption. More recently, the United States and other nations have begun to face increasingly perilous environment challenges such as global climate change, indoor pollution, stratospheric ozone depletion, acid rain, urban smog and the degradation of public lands.

The present work explores the environmental problems that, for centuries have plagued our planet, and that continue to threaten it, as well as different approaches to curtail these problems. The present work concludes by showing the most promising of these approaches …

Taxation Of Natural Resources: Are Provisions Applying To The Domestic Natural Resources Industry Also Applicable To Deep Seabed Mining?, Jozef Leysen

LLM Theses and Essays

Deep seabed mining may diminish American dependence on foreign sources of minerals. It is thus in the interest of the United States (and other mineral importing countries) to encourage this highly risky industry and to provide for favorable legal conditions in general and for favorable tax conditions in particular. This thesis examines whether United States law on the taxation of natural resources applies to deep seabed mining.

Political Perspectives On State And Local Taxation Of Natural Resources, Walter Hellerstein

Scholarly Works

This article investigates the questions that have dominated the political debate over state and local taxation of natural resources in the federal system. It seeks to identify areas of consensus, clarify points of disagreement, and examine proposals that could provide a basis for reconciling the competing concerns. Part I briefly considers the issues as they arise within the framework of the individual state. Part II addresses interstate and interregional conflict. Part III turns to the dialogue over the role, if any, that the federal government should play in mediating the disputes.