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Full-Text Articles in Social and Behavioral Sciences

Linking Climate, Human Rights, And Development, Naomi Roht-Arriaza, Lyuba Zarsky Aug 2015

Linking Climate, Human Rights, And Development, Naomi Roht-Arriaza, Lyuba Zarsky

Naomi Roht-Arriaza

Monterey Institute Professor Lyuba Zarsky and Hastings Professor Naomi Roht-Arriaza speak about an investment-led approach to climate resilient development paths.


Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos Dec 2010

Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos

Michael Diathesopoulos

In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we will …


Are Update Volume 14, Number 1, Richard Sexton, Robert Stavins, David Victor, Matthew Kahn, Christopher Knittel, Dan Sumner, John Rosen-Molina Sep 2010

Are Update Volume 14, Number 1, Richard Sexton, Robert Stavins, David Victor, Matthew Kahn, Christopher Knittel, Dan Sumner, John Rosen-Molina

Matthew E Kahn

California’s Climate Change Policy: The Economic and Environmental Impacts of AB 32

AB 32 and Climate Change: The National Context of State Policies for a Global Commons Problem

The Political Context for California’s Climate Change Policy

The Political Economy of Climate Change Legislation: An Economist’s Perspective

Economic Models of AB 32: An Evaluation

Impacts of AB 32 on Agriculture


Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris Aug 2010

Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris

Chad J McGuire

In response to over-exploitation and ecosystem degradation, United States federal fisheries policy is shifting from species-based to ecosystem-based management. In addition, the reauthorized Magnuson-Stevens Fisheries Conservation and Management Reauthorization Act of 2006 identifies the following goals to be achieved by 2011: end over-fishing, create market-based incentives, strengthen enforcement mechanisms, and improve cooperative conservation efforts. We refer to these goals (including the “status quo”) as front-ended policy objectives. Left unresolved are what we term back-ended policy and legal issues, specifically including issues involving the legal limitations that inhibit full consideration of ecosystem-based management principles through the adopting of scientific information. In …


Mother Earth "Speaks": Change Yourself, Change The World, Use The Archetypal Energy "Harmony" As A Guide, Carroy U. Ferguson Jun 2010

Mother Earth "Speaks": Change Yourself, Change The World, Use The Archetypal Energy "Harmony" As A Guide, Carroy U. Ferguson

Carroy U "Cuf" Ferguson, Ph.D.

In relation to the Cosmos, we all, as human beings, live on this tiny planet we call Earth, a planet that supports and sustains life, as we know it. There are many different kinds of people, plants, and animals functioning in harmony with soil, air, and water--all linked to one another in a complex web of life to form one Earth community. Unfortunately, we often take this miracle and ecosystem of life for granted. When, however, we take the ecosystem of life too much for granted, Mother Earth "speaks," reflecting imbalances and dis-harmonies. When Mother Earth "speaks," her message is …


Forest Governance In India: Collective Rights And Claims In The Forest Rights Act, Prakash Kashwan May 2010

Forest Governance In India: Collective Rights And Claims In The Forest Rights Act, Prakash Kashwan

Prakash Kashwan

The note is intended as an intervention within an ongoing policy debate around questions of forest governance in India. The need to keep this note short has forced the author to assume readers’ familiarity with these debates. Given this, some readers may be interested in the reports on Forest Rights Act (FRA), 2006 available at http://www.forestrights.nic.in/ and

http://www.forestrightsact.com/

Research support from the International Foundation for Science, Stockholm, and the Ford Foundation, New Delhi is gratefully acknowledged. The author is thankful to Rajesh Ramakrishnan, Shankar Gopalakrishnan, Suneel

Padale, Ajit Menon, Daniel Taghioff, and Forrest Fleischman for comments and suggestions on earlier …


Sustainable Approaches To Managing Small-Scale Ecosystems: A Case Study Of Vernal Pool Protection In The Commonwealth Of Massachusetts, United States Of America, Chad J. Mcguire May 2010

Sustainable Approaches To Managing Small-Scale Ecosystems: A Case Study Of Vernal Pool Protection In The Commonwealth Of Massachusetts, United States Of America, Chad J. Mcguire

Chad J McGuire

This paper reviews the current management scheme used by Massachusetts to protect vernal pools, which represent small-scale ecosystems, and analyzes its relative strengths and weaknesses from an overall sustainability standpoint by looking at the frameworks developed for management. The frameworks are analyzed to determine if the objectives of vernal pool protection are being met. The initial impression is the outcomes are not meeting the objective of overall vernal pool protection, because there are failures in the drivers (mainly the certification requirement), which limits the number of verbal pools actually protected. An expansion of the current Massachusetts program is suggested to …


Climate Adaptation And The Fifth Amendment To The United States Constitution: How Do Adaptation Strategies Impact Regulatory Takings Claims?, Chad J. Mcguire May 2010

Climate Adaptation And The Fifth Amendment To The United States Constitution: How Do Adaptation Strategies Impact Regulatory Takings Claims?, Chad J. Mcguire

Chad J McGuire

As the impacts and potential of climate change are realized at the governance level, states are moving towards adaptation strategies that include greater regulatory restrictions on development within coastal zones. The purpose of this paper is to outline the impacts of existing and planned regulatory mechanisms on the Fifth Amendment to the United States Constitution, which prevents the government taking of private property for public use without just compensation. A short history of regulatory takings is explained, and the potential legal issues surrounding mitigation and adaptation measures for coastal communities are discussed. The goal is to gain an understanding of …


A Case Study Of Carbon Sequestration Potential Of Land Use Policies Favoring Re-Growth And Long-Term Protection Of Temperate Forests, Chad J. Mcguire Feb 2010

A Case Study Of Carbon Sequestration Potential Of Land Use Policies Favoring Re-Growth And Long-Term Protection Of Temperate Forests, Chad J. Mcguire

Chad J McGuire

There is a traditional view suggesting forests remove carbon dioxide from the atmosphere (Pregitzer & Euskirchen, 2004), but they cease to serve as a carbon sink as they fully mature (Odum, 1969). Recent modeling of old-growth forest carbon sequestration indicate they continue to serve as a “net sink” of carbon even after maturity (Carey, Sala, Keane, & Callaway, 2001; Zhou et al., 2006) - sequestering an average of 2.4 +/- 0.8 tC ha-1 yr-1 (tC = metric tons of carbon; ha = hectare; yr =year), and yielding a ratio of heterotrophic respiration (Rh) to net primary production (NPP) of approximately …


The State Of Black Atlanta: Exploding The Myth Of Black Mecca, Robert D. Bullard, Glenn S. Johnson, Angel O. Torres Feb 2010

The State Of Black Atlanta: Exploding The Myth Of Black Mecca, Robert D. Bullard, Glenn S. Johnson, Angel O. Torres

Robert D Bullard

The State of Black Atlanta Summit 2010 was held this past Saturday February 20 on the campus of Clark Atlanta University in Atlanta, GA. The one-day Summit was convened by the Environmental Justice Resource Center to coincide with the Black History Month celebration and was part of the center’s Smart Growth and Sustainable Communities Initiative (SGSCI) funded by a grant from the Ford Foundation. The Summit organizers commissioned working papers from top Atlanta leaders in academic, public health, business, media, and local community based organizations with the goal of impacting public sector policies around health, environmental justice, civil rights and …


The Political Consequences Of Legal Victories: Ballast Regulation And The Clean Water Act, Zdravka Tzankova Jan 2010

The Political Consequences Of Legal Victories: Ballast Regulation And The Clean Water Act, Zdravka Tzankova

Zdravka Tzankova

Federal conservation policy has seen a new development recently: the use of the Clean Water Act (CWA) as a tool for regulating ballast water discharges from ships and, thereby, for preventing biological invasions caused by the discharge of nonindigenous organisms in ballast. Some outcomes of this new method for regulating ballast water discharge are obvious, others are much less so. Superimposing CWA regulatory authority on an already existing system of U.S. ballast law and regulation is likely to change the politics of ballast regulation. What do such changes in regulatory politics spell for the future of regulatory protections against biological …


Policy Innovation, Intergovernmental Relations, And The Adoption Of Climate Protection Initiatives By U.S. Cities, Rachel Krause Dec 2009

Policy Innovation, Intergovernmental Relations, And The Adoption Of Climate Protection Initiatives By U.S. Cities, Rachel Krause

Rachel M. Krause

In the absence of federal requirements, how do state- and municipal-level characteristics impact the probability of local policy innovation? This article provides insight by examining the adoption of sub-national climate change mitigation initiatives in the United States. Drawing from literature on policy innovation, a multilevel model is developed to examine the factors influencing over 900 U.S. cities to eschew free-rider tendencies and formally commit to greenhouse gas reduction. Multilevel analysis recognizes the nested structure of cities within states and accounts for the shared economic, political, and policy environments experienced by cities within the same state. The level of initiative state …


Strengthening Capacity For Sustainable Livelihoods And Food Security Through Urban Agriculture Among Hiv And Aids Affected Households In Nakuru, Kenya, Nancy Karanja, Fiona Yeudall, Mary Njenga, Samwel Mbugua, Gordon Prain, Donald Cole, Aimee Webb, Jennier Levy, Christopher Gore, Daniel Sellen Dec 2009

Strengthening Capacity For Sustainable Livelihoods And Food Security Through Urban Agriculture Among Hiv And Aids Affected Households In Nakuru, Kenya, Nancy Karanja, Fiona Yeudall, Mary Njenga, Samwel Mbugua, Gordon Prain, Donald Cole, Aimee Webb, Jennier Levy, Christopher Gore, Daniel Sellen

Christopher D Gore

The promotion and support of urban agriculture (UA) has the potential to contribute to efforts to address pressing challenges of poverty, under nutrition and sustainability among vulnerable populations in the growing cities of sub-Saharan Africa (SSA). This may be especially relevant for HIV/AIDS-affected individuals in SSA whose agricultural livelihoods are severely disrupted by the devastating effects of the disease on physical productivity and nutritional well-being. This paper outlines the process involved in the conception, design and implementation of a project to strengthen technical, environmental, financial and social capacity for UA among HIV-affected households in Nakuru, Kenya. Key lessons learned are …


Building Sustainable Societies: A Swedish Case Study On The Limits Of Reflexive Modernization., Cindy Isenhour Dec 2009

Building Sustainable Societies: A Swedish Case Study On The Limits Of Reflexive Modernization., Cindy Isenhour

Cindy Isenhour

No abstract provided.


Symbolic Or Substantive Policy? Measuring The Extent Of Local Commitment To Climate Protection, Rachel M. Krause Dec 2009

Symbolic Or Substantive Policy? Measuring The Extent Of Local Commitment To Climate Protection, Rachel M. Krause

Rachel M. Krause

Over 1,000 U.S. municipalities have formally committed to reduce their local greenhouse gas (GHG) emissions through participation in one of several climate protection networks. This has attracted the attention of researchers interested in theories of free-riding and local political decision making who question why municipalities become engaged in this global effort. However, whereas joining a climate protection network or adopting an emissions reduction goal are relatively low cost acts, the implementation of such policies entails higher costs. This raises legitimate questions about the extent and type of follow-through made on municipal climate protection commitments. This paper begins to fill-in the …


Symbolic Or Substantive Policy? Measuring The Extent Of Local Commitment To Climate Protection, Rachel M. Krause Dec 2009

Symbolic Or Substantive Policy? Measuring The Extent Of Local Commitment To Climate Protection, Rachel M. Krause

Rachel M. Krause

Over 1,000 U.S. municipalities have formally committed to reduce their local greenhouse gas (GHG) emissions through participation in one of several climate protection networks. This has attracted the attention of researchers interested in theories of free-riding and local political decision making who question why municipalities become engaged in this global effort. However, whereas joining a climate protection network or adopting an emissions reduction goal are relatively low cost acts, the implementation of such policies entails higher costs. This raises legitimate questions about the extent and type of follow-through made on municipal climate protection commitments. This paper begins to fill-in the …


On Conflicted Swedish Consumers, The Effort To “Stop Shopping” & Neoliberal Environmental Governance, Cindy Isenhour Dec 2009

On Conflicted Swedish Consumers, The Effort To “Stop Shopping” & Neoliberal Environmental Governance, Cindy Isenhour

Cindy Isenhour

No abstract provided.


The Limits And Opportunities Of Networks: Municipalities And Canadian Climate Change Policy, Christopher D. Gore Dec 2009

The Limits And Opportunities Of Networks: Municipalities And Canadian Climate Change Policy, Christopher D. Gore

Christopher D Gore

Research on climate change policy and politics has become increasingly focused on the actions and influence of subnational governments. In North America, this attention has been particularly focused on why subnational governments have taken action in the absence of national leadership, what effect action might have on future national climate policy, and whether the collective action of networks of municipal governments are reshaping and challenging the character of national and global climate governance. This paper examines Canadian municipal climate in light of the absence of a comprehensive and effective climate national strategy. The paper considers various reasons why local governments …


Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen Dec 2009

Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen

Thomas A Faunce

The Australia – United States Free Trade Agreement (AUSFTA) came into force on 1 January 2005. Before and subsequently to the AUSFTA being concluded, controversy surrounded the debate over its impact on Australia ’ s health policy, specifically on regulation of pharmaceutical patents and Australia ’ s cost-effectiveness system relating to prescription medicine prices known as the Pharmaceutical Benefits Scheme (PBS). This article examines the expectations of both parties in the pharmaceutical sector with regard to the AUSFTA, as well as how successfully they were achieved. It seeks to analyse important relevant outcomes for regulators, the public and pharmaceutical industry, …


Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., Thomas A. Faunce, Hitoshi Nasu Dec 2009

Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., Thomas A. Faunce, Hitoshi Nasu

Thomas A Faunce

The development of nanotechnology for military application is an emerging area of research and development, the pace and extent of which has not been fully anticipated by international legal regulation. Nano-weapons are referred to here as objects and devices using nanotechnology or causing effects in nano-scale that are designed or used for harming humans. Such weapons, despite their controversial human and environmental toxicity, are not comprehensively covered by specific, targeted regulation under international law. This article critically examines current international humanitarian law and arms control law regimes to determine whether significant gaps exist in the regulation of nanotechnology focused on …


Retrospectives And Prospectives On Hurricane Katrina: Five Years And Counting, L Comfort, B Ciglar, T Birkland, Earthea Nance Dec 2009

Retrospectives And Prospectives On Hurricane Katrina: Five Years And Counting, L Comfort, B Ciglar, T Birkland, Earthea Nance

Earthea Nance, PhD (Stanford University, 2004)

.