Natural Resources Law Commons^™

Expanding The Toolbox Of Sustainable Business Law: The Transnational Impacts Of The Eu Corporate Sustainability Due Diligence Directive (Csddd), Anne-Marie Weber

Pace Environmental Law Review

The contemporary global economy relies extensively on interconnected value chains that often span different continents, presenting challenges when operations result in human rights violations or environmental damage. This has prompted the emergence of non-binding due diligence guidelines and binding laws in several countries, reflecting the necessity of fostering accountability in transnational business activities. The European Union’s adoption of the Corporate Sustainability Due Diligence Directive (CSDDD) on May 24th, 2024, represents a novel significant milestone in this trajectory. As a new instrument of binding transnational business law, the CSDDD aims to promote sustainable business practices, with implications extending beyond EU borders. …

A Transformative Era Of Action: How The Public Land And Private Sectors Are Realigning To Solve The Energy Transition And Climate Change, Roger Martella, Jillian Lavery, Michael O'Hora

Pace Environmental Law Review

Over the last 50 years, environmental laws have transformed the areas we inhabit—and Planet Earth—for the better. Since the daybreak of the environmental law movement in 1970, our air and water are clearer, the lands we navigate are cleaner, and the food and products we consume are safer. Unfortunately, this same legal framework has not met the same success when tackling two of the biggest challenges of ours and future generations: the energy transition and climate change. Since the Supreme Court empowered the Environmental Protection Agency to act on climate change over fifteen years ago, conventional environmental laws and policies …

Wilderness, Trust, And Finality: The Baxter State Park Snowmobile Dispute, Ellen Kandoian, Brooke E. Barnes

Maine Law Review

The recent controversies surrounding the use of snowmobiles in Baxter State Park exemplify the human essence of the trust relationship and the law's awkwardness in addressing the inherently nonlegalistic principles of trust. Baxter State Park is an area of 201,018 acres in northern Maine, purchased by former Governor Percival Proctor Baxter and then donated to the State of Maine in trust. The park includes Mount Katahdin, the highest mountain in Maine and the head of the Appalachian Trail. As Chief Justice McKusick wrote in a recent decision construing the trust, "in its combination of size, uniqueness, permanence, and vision, his …

What Next For Japan And The Republic Of Korea In The East China Sea? The Law Of The Sea Perspective, Makoto Seta, Vasco Becker-Weinberg

International Law Studies

In 1974, Japan and the Republic of Korea (RoK) concluded a joint development agreement concerning the continental shelf where their respective maritime claims overlapped. However, there has been no oil or gas production from the joint development zone. Therefore, after five decades of the agreement being in force, and because it can be unilaterally terminated after 2028, it is appropriate to consider what happens next for Japan and RoK in the East China Sea. Looking forward, the authors consider that the framework for post-2028 could take one of three forms: maintaining the status quo, terminating the joint development agreement, or …

New Approaches And Challenges Regarding Trade, Climate Action, And The Wto, Sunayana Sasmal

Columbia Center on Sustainable Investment

This report considers how the WTO, as an institution and its rules, can and should be a game-changer in undertaking climate action and the green energy transition globally. By leveraging its toolkit, the WTO has the potential to drive climate action, from regulating border carbon adjustments to promoting trade in green products, green electricity, and dissemination of climate technologies. However, unlocking this potential requires legal reforms, a proactive institutional role, and strong political will from WTO members.

Reframing A Data Sharing Mechanism For The Riparian Nations Of Helmand River Basin: Theory Of Planned Behavior Is Revisited, Najibullah Loodin, Gabriel Eckstein, Vijay P. Singh, Rosario Sanchez

Faculty Scholarship

Data and information exchange plays a crucial role in fostering water cooperation between the riparian nations of a shared watercourse. Taking an integrated approach combining Discourse Analysis and Document Analysis, this research aims at elucidating the challenges and the potential opportunities of data and information exchange on the Helmand River, a drought-stricken river basin shared between upstream Afghanistan and downstream Iran. Drawing on the Theory of Planned Behavior (TPB), we offer nuanced perspectives on the data exchange model developed by Wehn. We argue that there are other underlying and essential elements that hinder the meaningful engagement of the riparian nations …

Water, Rosario Sanchez, Gabriel E. Eckstein

Faculty Scholarship

As the new US administration begins its term in January 2025, its ability to address complex, interconnected challenges will shape the future of US-Mexico relations. From economic cooperation and migration to shared security concerns, the new president’s leadership will be pivotal in navigating these critical issues and strengthening bilateral ties between Mexico and the United States. Effective collaboration will be vital to building a more prosperous and stable North America.

To support this effort, the Wilson Center’s Mexico Institute has prepared a comprehensive booklet as a practical roadmap for the incoming administration. This publication offers actionable recommendations across six priority …

Repurposed Energy, Alexandra B. Klass, Hannah Wiseman

Articles

Wildfires, weather extremes, and other conditions induced partially by climate change add urgency to the project of accelerating the clean energy transition from fossil fuels to zero-carbon energy infrastructure. Yet the hurdles to accomplishing such a massive industrial-scale transition are daunting. Indeed, large renewable energy generation projects regularly face denials or project-killing delays across the United States. This Article proposes a national policy to channel the bulk of new clean energy projects to targeted categories of both rural lands and urban, post-industrial lands that we define collectively as “repurposed energy” sites. Such lands will consist of marginal farmland, abandoned coal …

Sustainable Development Principles And The Global South In The Context Of Planetary Change, Michelle Lim

Research Collection Yong Pung How School Of Law

The principle of sustainable development is thus a part of modern international law by reason not only of its inescapable logical necessity, but also by reason of its wide and general acceptance by the global community.

Vice-President Weeramantry, Separate Opinion, Gabčíkovo-Nagymaros Project (Hungary v Slovkia), 1997 ICJ Rep 7 (25 September), p 95.

Crypto & The Climate: Will Local & National Environmental Regulation Save Or Stifle The Cryptocurrency Boom?

Fordham Environmental Law Review

As cryptocurrencies continue to gain traction among mainstream investors and consumers, regulators and lobbyists are increasingly taking note of the potential environmental impacts of the industry. At its core, the process of mining new currency for virtual wallets is energy intensive, which can place strains on electrical grids and accelerate the impacts of climate change. However, these effects are felt very differently depending on what source of electricity the mining operation utilizes and the methodology behind the specific currency. These variable factors are on the minds of legislators and regulators as public pressure to better understand and regulate the industry …

A Shifting Focus: How Algal Turf Scrubbers (Ats) In Natural Waterways Can Prevent Toxic Blooms And Could Save The Algae Energy Industry

Fordham Environmental Law Review

Biofuels have generated global interest among oil companies and governments. In particular, algal biofuels are slated to be more promising than traditional biofuel feedstocks, like corn and sugarcane, which are simultaneously cultivated as food products. However, the drawbacks of harvesting algae on a large industrial scale has led to intense criticism. Most critics focus on issues of sustainability, scalability of production, and the legal and ethical concerns of genetically modified crops. New research in cyanobacteria, however, illustrates algae’s potential to produce clean electricity in addition to oil, ethanol, and gasoline. Moreover, using Algal Turf Scrubbers (“ATS”) in natural waterways offers …

Why We Need A Constitutional Right To Healthy Environment In Canada

Fordham Environmental Law Review

The increasing demand for constitutional recognition of the right to a healthy environment (‘RTHE’) has been a matter of public concern and debate in many countries, including Canada.2 This paper asks, will a constitutional RTHE within the Canadian Constitution add any value when statutes already exist to protect the environment (and thereby health)? The present environmental statutes work towards protecting the environment, and by protecting the environment, public health can be protected.3 Together, both of them form a ‘healthy environment’, ie., an environment that fosters a healthy life.4 This paper will argue that there is additional value in recognizing a …

Protecting Coastal Communities And Marine Biodiversity Under The Coastal Zone Management Act, Eric V. Hull

South Carolina Law Review

No abstract provided.

Tinjauan Yuridis Pemberian Wilayah Izin Usaha Pertambangan Khusus Kepada Badan Usaha Milik Organisasi Kemasyaraktan Keagamaan Tanpa Mekanisme Lelang, Fajar Hidayansyah Ilham, Marchellina Shagyna Anggraeni

Jurnal Hukum & Pembangunan

Natural resources is one of the essential aspects of life and human existence. Indonesia is known as a country with abundant natural resources. Therefore, their management must be conducted transparently to prevent corruption and ensure that natural resources are managed in the most efficient and beneficial way fore the community. If natural resources controlled by the state are not managed based on principles reflecting justice, there is a potential that the benefits will only be enjoyed by a small group of people. The mechanism of granting Special Mining Business Permits (WIUPK) through auction is one way to embody the principles …

Pengungkapan Model Mediasi Kepada Pihak Bersengketa Oleh Mediator Sebagai Pelaksanaan Prinsip Informed Consent (Kajian Mediasi Sektor Perbankan), Tri Harnowo, Fahmi Shahab

Jurnal Hukum & Pembangunan

The mediation techniques commonly used by mediators are facilitative, evaluative, or hybrid models. The choice of mediation model generally depends on the complexity of the dispute, the nature of the relationship, and the expectations for further cooperation. This research examines the application and disclosure of mediation models in the banking sector. The methodology used is normative, analyzing regulations related to the application and disclosure of mediation models in the banking sector. Data collection was obtained from primary legal materials in the form of legislation, secondary legal materials such as professional codes of ethics, books, articles, and scientific journals, and tertiary …

Ratio Legis Penambahan Modal Negara Kepada Lembaga Pembiayaan Ekspor Indonesia, Syarif Hidayat

Jurnal Hukum & Pembangunan

Since its establishment under Law Number 2 of 2009 concerning The Indonesian Export Financing Institution (LPEI), the Indonesian Export Financing Institution has gained additional capital participation nine times between 2010 and 2021 by the passage of government regulations. The rules for extra capital in the legislation on its establishment only take the form of regulations in the event that the capital of the Indonesian Export Financing Institution is decreased by a particular amount, but the additional capital that has been carried out thus far is not meant to replace the capital deficiency. As a result, this research was undertaken to …

Analisis Perbandingan Struktural Dan Karakteristik Badan Usaha Milik Negara Indonesia Dengan Malaysia, Raihan Fathurrahman

Jurnal Hukum & Pembangunan

The comparative analysis of the structural and characteristic aspects of State-Owned Enterprises (BUMN) in Indonesia and Malaysia highlights differences in their approaches to managing these state-owned companies. In Indonesia, BUMN are regulated by Law No. 19 of 2003, which divides BUMN into Persero and Perum. However, bureaucratic structures with strict hierarchies and political intervention often hinder market efficiency and responsiveness. Meanwhile, Government-Linked Companies (GLCs) in Malaysia, under the supervision of Khazanah Nasional Berhad, demonstrate a more streamlined and flexible structure. They operate with higher autonomy and tight supervision, enabling quicker responses to market changes. In terms of governance, Indonesia applies …

Tanggung Jawab Negara Terhadap Eksistensi Masyarakat Pemukim Di Atas Air (Studi Kasus: Suku Bajo Desa Samabahari, Kabupaten Wakatobi), Aditya Nurahmani An

Jurnal Hukum & Pembangunan

The settler communities on the water are like the Bajo tribe, they have had a tradition of living on the water and in coastal areas for generations even before Indonesia became independent. The settler communities on the water have faced various problems such as legal certainty for settlements, threats of eviction, difficulty in accessing clean water and acts of discrimination. In this research, there are 2 (two) things to be studied, firstly what is the position of the settler community on the water in terms of the principle of common property resources in marine management and secondly what is …

A Flexible Approach To Reach An Equitable Solution: The Application Of Principles To The Delimitation Of The Continental Shelf, Ángeles Jiménez García-Carriazo

International Law Studies

The delimitation of the continental shelf is an old exercise shaped by case law and State practice. Although every delimitation is unique, judicial practice has provided guidance about the principles to be applied in pursuit of an equitable solution. This article examines the guiding doctrines, the contemporary principles, and the emerging principles and rules in the delimitation of the continental shelf. It first analyzes the role of principles in continental shelf delimitation within two hundred nautical miles. Subsequently, it examines whether the same principles apply to the delimitation of the extended continental shelf, considering that the entitlement within two hundred …

Urgensi Memahami Arbitrase Bagi Pemangku Kepentingan Dunia Bisnis Di Indonesia, Bambang Hariyanto, Saptarini Saptarini

Jurnal Hukum & Pembangunan

Abstract The resolution of business disputes through arbitration forums is increasingly favored by the majority of business actors in Indonesia. One indication of this is the growing number of business actors, both from the private sector and state-owned enterprises, who include arbitration agreements as dispute clauses in their contracts. Arbitration has even attracted the interest of MSMEs (Micro, Small, and Medium Enterprises) as a forum to resolve their business disputes. This phenomenon ultimately highlighted the urgency for stakeholders in the business world to understand arbitration. Using normative juridical methods, this article contained a series of analyses of primary materials, including …

Rewriting Nepa: Statutory Continuity And Disruption In A Polarized Era, Daniel A. Farber

Michigan Journal of Environmental & Administrative Law

For decades the National Environmental Policy Act (NEPA) of 1969 was a paradigm of statutory stability. In 2023 that changed overnight with a major rewrite of NEPA as part of the debt ceiling bill. The text of the statute was hurriedly negotiated between President Biden and House Speaker McCarthy, and then passed with virtually no debate.

This article is the first to analyze the amendments. Due to the frenzied enactment process, NEPA is now loaded with overlapping and partially conflicting language, provisions that seem nonsensical if taken literally, and perplexing gaps. The article teases apart these problems, concluding that the …

A Tres C Approach: Three Steps To Oil And Gas Lease Termination, Lucia Kezele

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Navigating The Skies: Addressing The Regulatory Shortcomings Of Corsia And The Carbon Market While Proposing A Revised Framework For Accountability And Enforcement, Karim Yehia

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Lying By Emission: Why Agencies Should Be Required To Disclose The Upstream And Downstream Environmental Impacts Of Their Projects, Reese Charles

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Preventing Poor Pore Policy: A Call For Interstate Cooperation, Madison Taylor

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

No Girls Allowed: How Sexual Harassment And Gender Discrimination Keep Women Out Of Oil Fields, Alyssa Biasatti

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

If It Ain’T Broke: Considering Legislatively Mandated Formula Rate Plans For Oklahoma’S Electric Utilities, Meredith Gunner

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Nuclear In My Backyard: Was The 5th Circuit Correct In Splitting The Circuits Over The Storage Of Spent Nuclear Waste?, Kohl Lester

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

(Re-)Drill, Baby, Drill! Why Congress And Blm Should Encourage Geothermal Via Old Oil Wells, Jason W. Kersey

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction & Front Pages, Alexandra Jury

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.