With increasing globalization, comparative law has become increasingly more relevant in recent years. Climate change, transboundary pollution, biodiversity loss, and the emerging field of environmental human rights make comparative environmental law especially compelling. This coursebook provides a comparative look at environmental and natural resource laws governing water, waste, biological diversity (wildlife and habitat), and environmental assessment. It focuses on the United States, Canada, England, New Zealand, and India. The first four countries are chosen for comparative analysis because of their common cultural roots yet divergent environmental problems and strategies. The first three countries—the U.S., Canada, and England—have taken media-specific and somewhat fragmented approaches to water, waste, and wildlife issues, while New Zealand has made path-breaking efforts to adopt a more holistic, ecosystem-based approach to pollution prevention and sustainable development. The fifth nation, India, is a country deeply influenced by England but charting its own course as an emerging economic giant, whose growth poses significant implications for biological diversity, climate, and the environment. The book is suitable as a text for law classes and seminars as well as other types of graduate and undergraduate courses. It includes case studies on specific environmental and resource management problems to enable students to take a “hands on” problem-solving approach and to compare and contrast outcomes under the laws of various nations.
The public trust doctrine (PTD), an ancient anti-monopoly precept of property law inherited from Roman and civil law, exists in every United States jurisdiction and several international ones. The PTD, originally concerned with navigation and fishing, has emerged as an organizing principle for natural resources management in the twenty-first century, for it posits government trustees as stewards for both present and future generations. This casebook examines the role of the public trust doctrine in managing waterways, wetlands, water rights, wildlife, the atmosphere, and uplands like beaches and parks. The materials are suited for either an upper-division environmental or natural resources law course or a seminar. The second edition includes important new cases, including the Pennsylvania Supreme Court's landmark Robinson Township decision, the Wisconsin Supreme Court's narrowing of the public trust doctrine in Rock Koshkonong, and several recent cases in the atmospheric trust litigation.
International Natural Resources Law, Investment and Sustainability provides a clear and concise insight into the relationship between the institutions that govern foreign investment, sustainable development and the rules and regulations that administer natural resources. In this book, several leading experts explore different perspectives in how investment and natural resources come together to achieve sustainable development in developing countries with examples from water, oil and gas, renewable energy, mineral, agriculture, and carbon trading. Despite varying perspectives, it is clear that several themes are central in considering the linkages between natural resources, investment and sustainability. Specifically, transparency, good governance and citizen empowerment are vital conditions which encourage positive social, economic and environmental outcomes for developing countries. In addition, this book provides new insights into key concepts which underpin international law, including sovereign rights and state responsibility principles. It is clear from this book that in the attempt to reconcile these concepts and principles from separate legal regimes, complex policy questions emerge whereby it is difficult to attain mutually beneficial or succinct outcomes. This book explores how countries prioritise their policy objectives to achieve their notion of sustainable natural resource use, which is strongly influenced by power imbalances that inform North–South cooperation, as well as South–South cooperation in the international investment regime. This book will be of great interest to students, academics and researchers of international environmental law, international human rights law, international investment law and international economic law. This book may also be of relevance to environmentalists, policy-makers, NGOs, and investors working in the natural resources field.
Offering broad national coverage on an array of topics, Natural Resources Law, Fourth Edition conveys the drama behind resource disputes and policy and the love-of-place. Most cases are introduced with a photo or map of the place, along with a context-setting paragraph. Each group of cases—both foundational cases as well as new decisions—begins with a factually rich discussion problem tailored to the cases that follow. Many problems mirror traditional essay exam questions; others raise contemporary policy issues. This highly teachable book groups readings into discrete, assignment-sized chunks of 25-40 pages, allowing coverage of 2-4 cases or one problem during each class section. The main emphasis is on primary sources, and each chapter opens with relevant statutory and regulatory sections.
Taken in its expansive sense, "environmental and natural resources law" encompasses pollution control law, energy allocation and conservation law, species and habitat protection, common law property rights, and a host of other areas. Often, this massive body of legal material is divided into two courses, the Environmental Law course dealing primarily with pollution control and the Natural Resources course covering the remainder. This casebook combines the two areas. As a survey course, the expansion of subject matter coverage allows the student a fuller understanding of the "playing field" and the generic issues that arise across this wide spectrum of material. The wider coverage, moreover, should suit both students who want a once-through general understanding of this area of the law as well as those seeking a foundation for more intense future study. Environmental and Natural Resources Law is divided into three parts: • First, the book presents "foundational" material, which includes information on common law remedies, federalism issues, and a bit of the history of the environmental movement that has led to the current network of legal controls. • Next, the book covers natural resources law, including the National Environmental Policy Act, the Endangered Species Act, and the public trust doctrine. Also included is optional coverage of federal lands and water rights. • Finally, the book surveys pollution control and remediation, discussing the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, and the "Superfund" law (CERCLA) in successive chapters. Environmental and Natural Resources Law concentrates on the mechanics of regulatory programs so that students may learn how to read and understand complex statutes, why regulatory initiatives have come into being, and how the various regulatory programs are structured. The Fourth edition of Environmental and Natural Resources Law has the following updates: • Survey coverage of both environmental law and natural resources law • Update on the domestic law of climate change • Emphasis on structure of regulation: federalism; statutory and common law; role of administrative agencies • Program-by-program coverage • Historical information about the environmental movement • Emphasis on developing students' abilities to work with complex statutes This eBook features links to Lexis Advance for further legal research options.
Natural Resource and Wildlife Administration presents a clear perspective on natural resource administration in North America, how it developed, how it is currently structured, and where it might be heading. Intertwined areas of natural resources, including wildlife administration, fisheries, forestry, and other competitive land uses, are heavily discussed. The book covers the history of natural resource management in Europe and North America, proceeding to environmental law; agencies involved in wildlife and natural resource management; and the human dimensions of public relations and economic concerns. Natural Resource and Wildlife Administration provides solid background on the history of natural resource conservation, critical laws protecting resources, and the nature of agencies. The interconnectedness among natural resources makes this a useful text for disciplines such as wildlife, fisheries, and forestry. Covers the development of natural resource law and the conservation agencies in North America, and also provides models for international use Examines the roles of diverse federal, state, and non-governmental agencies, and how they cooperate as professionals to accomplish natural resources management Leads readers to a greater understanding of the politics and interplay of priorities in professional conservation biology Assists the certification processes of professional societies Includes end-of-chapter questions for further thought and discussion, as well as offset boxes throughout the text to help explain more technical subjects
Research Handbook on International Law and Natural Resources provides a systematic and comprehensive analysis of the role of international law in regulating the exploration and exploitation of natural resources. It illuminates interactions and tensions between international environmental law, human rights law and international economic law. It also discusses the relevance of soft law, international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. While the Handbook is accessible to those approaching the subject for the first time, it identifies pressing areas for further investigation that will be of interest to advanced researchers.
Just over two decades ago, research findings that environmentally hazardous facilities were more likely to be sited near poor and minority communities gave rise to the environmental justice movement. Yet inequitable distribution of the burdens of industrial facilities and pollution is only half of the problem; poor and minority communities are often denied the benefits of natural resources and can suffer disproportionate harm from decisions about their management and use.Justice and Natural Resources is the first book devoted to exploring the concept of environmental justice in the realm of natural resources. Contributors consider how decisions about the management and use of natural resources can exacerbate social injustice and the problems of disadvantaged communities. Looking at issues that are predominantly rural and western -- many of them involving Indian reservations, public lands, and resource development activities -- it offers a new and more expansive view of environmental justice.The book begins by delineating the key conceptual dimensions of environmental justice in the natural resource arena. Following the conceptual chapters are contributions that examine the application of environmental justice in natural resource decision-making. Chapters examine: how natural resource management can affect a range of stakeholders quite differently, distributing benefits to some and burdens to others the potential for using civil rights laws to address damage to natural and cultural resources the unique status of Native American environmental justice claims parallels between domestic and international environmental justice how authority under existing environmental law can be used by Federal regulators and communities to address a broad spectrum of environmental justice concerns Justice and Natural Resources offers a concise overview of the field of environmental justice and a set of frameworks for understanding it. It expands the previously urban and industrial scope of the movement to include distribution of the burdens and access to the benefits of natural resources, broadening environmental justice to a truly nationwide concern.
When the guns are silenced, those who have survived armed conflict need food, water, shelter, the means to earn a living, and the promise of safety and a return to civil order. Meeting these needs while sustaining peace requires more than simply having governmental structures in place; it requires good governance. Natural resources are essential to sustaining people and peace in post-conflict countries, but governance failures often jeopardize such efforts. This book examines the theory, practice, and often surprising realities of post-conflict governance, natural resource management, and peacebuilding in fifty conflict-affected countries and territories. It includes thirty-nine chapters written by more than seventy researchers, diplomats, military personnel, and practitioners from governmental, intergovernmental, and nongovernmental organizations. The book highlights the mutually reinforcing relationship between natural resource management and good governance. Natural resource management is crucial to rebuilding governance and the rule of law, combating corruption, improving transparency and accountability, engaging disenfranchised populations, and building confidence after conflict. At the same time, good governance is essential for ensuring that natural resource management can meet immediate needs for post-conflict stability and development, while simultaneously laying the foundation for a sustainable peace. Drawing on analyses of the close relationship between governance and natural resource management, the book explores lessons from past conflicts and ongoing reconstruction efforts; illustrates how those lessons may be applied to the formulation and implementation of more effective governance initiatives; and presents an emerging theoretical and practical framework for policy makers, researchers, practitioners, and students. Governance, Natural Resources, and Post-Conflict Peacebuilding is part of a global initiative to identify and analyze lessons in post-conflict peacebuilding and natural resource management. The project has generated six books of case studies and analyses, with contributions from practitioners, policy makers, and researchers. Other books in this series address high-value resources, land, water, livelihoods, and assessing and restoring natural resources.
This book focuses on liability for damage to those natural resources that are of interest to the public and are protected by national, European or international law. It provides an overview of the law of the United States and of certain EU Member States on the recovery of damages for injury to natural resources. The international civil liability conventions that cover environmental harm and the recently published European Commission's White Paper on environmental liability are also discussed. The on-going development in various international forums of treaties or protocols dealing with liability for environmental damage are analyzed, as are the principles developed by the UNEP Working Group established in response to the 1990 Gulf War to advise the UNCC on claims for damage to natural resources. The book addresses assessment and valuation issues, the issue of standing in cases of injury to (un)owned natural resources, and the determination of ways to repair, restore and compensate for natural resource injuries and the associated loss of ecological and human services. It also explains why such a difference exists between the US and most European jurisdictions and inter-national liability conventions as to the recovery of damages for injury to natural resources.
A new phase is emerging in the relationship between energy and resource activities and the communities that are affected by them. Any energy or resource project - a mine, a wind farm, a dam for hydroelectricity, or a shale gas development - will involve a mix of impacts and benefits for communities. For many years, the law has mediated impacts on communities and provided for the distribution of financial benefits. Now, there is growing awareness of the need to consider not only a wider range of costs and benefits for communities from energy and resource projects, but also the effects on communities at multiple scales and in complex ways. Sharing the costs and benefits of natural resource activity has now become a legal requirement for energy and resource projects operating in many jurisdictions, particularly in developing countries. This book uses cases studies from across the globe to examine the emergence of such legal measures, their advantages and disadvantages, and the improvements that may be feasible in the legal frameworks used to distribute the costs and benefits of energy and resources activity. The book has three parts: Part I considers general legal and conceptual frameworks; Part II addresses the mechanisms available to distribute costs and benefits; and Part III considers the role of public engagement and participation in the sharing of the costs and benefits from energy and resource projects.
This book presents a critical analysis of India's environment pollution and protection scenario, following the 'State-Pressure-Response' framework to analyse the parameters of conservation. It advocates that the role of environmental law should not be restricted to mere prevention and control of pollution but should encompass conservation and regeneration of natural resources too. The book also reflects on India's management policy regarding resource conservation and highlights the international laws on arbitration in environmental matters. It is a one stop reference for all debates and discussions on environment with a global perspective.
Joanne Limburg is a woman who thinks things she doesn't want to think, and who does things she doesn't want to do. As a small child, she would chew her hair all day and lie awake at night wondering if heaven had a ceiling; a few years later, when she should have been doing her homework, she was pacing her bedroom, agonising about the unfairness of lif as a woman, and the shortness of her legs. By the time she was an adult, obsessive thoughts and compulsive behaviours had come to dominate her life. She knew that something was wrong with her, but it would take many years before she understood what that something was. The Woman Who Thought Too Much follows Limburg's quest to understand her Obsessive-Compulsive Disorder and to manage her symptoms. She takes the reader on a journey through consulting rooms, libraries and internet sites, as she learns about rumination, scrupulosity, avoidance, thought-action fusion, fixed-action patterns, anal fixations, schemas, basal ganglia, tics and synapses. Meanwhile, she does her best to come to terms with an illness which turns out to be common and even - sometimes - treatable. This vividly honest memoir is a sometimes shocking, often humorous revelation of what it is like to live with so debilitating a condition. It is also an exploration of the inner world of a poet and an intense evocation of the persistence and courage of the human spirit in the face of mental illness.
This book exposes the dysfunction of environmental law and offers a transformative approach based on the public trust doctrine. An ancient and enduring principle, the public trust doctrine empowers citizens to protect their inalienable property rights to crucial resources. This book shows how a trust principle can apply from the local to global level to protect the planet.
'This book is a very welcome addition to publications on globalisation and natural resources management. It adopts a very broad approach to this important subject – it includes the general issues, such as trade and investment. It deals with very complex questions of permanent sovereignty over natural resources; the right to development; the role of indigenous peoples in resource management. This publication also provides the reader with general underlying principles and approaches to natural resources management, such as sustainable use; the precautionary principle; the principle of common but differentiated responsibilities and the ecosystem approach, regulatory approach etc. The book is very analytical and gives a lot of food for thought for readers.' – Malgosia Fitzmaurice, Queen Mary, University of London, UK 'The book is the first of its kind to deal in depth with complex, cross-cutting issues relating to globalization and natural resources. The authors demonstrate not only a broad range of knowledge but also provides deep insights into what will be needed to make the transition from economic globalization to sustainable globalization, including improved resource efficiency and sustainable development, and inclusive and participatory governance. In particular, the authors consider specific approaches in such sectors as water resources, renewable energy, and biological resources. The book has carefully documented and analyzed numerous international, regional, and national legal frameworks as well as relevant theories and principles. It is a must for every law library as well as for policy makers, administrators, academics, non-governmental bodies, and civil societies. We owe a great debt to the authors for their painstaking, comprehensive research.' – Koh Kheng-Lian, National University of Singapore 'Globalization as a means of aptly capturing political, social, cultural, and above all else economic phenomena has been well-documented and the subject of a multitude of comment. What has perhaps been less well studied is its relationship with natural resource management. Thus this work by Merino-Blanco and Razzaque is to be commended. Moreover, by focusing on globalization, an important truth is revealed. It is neither about the diminution of the role of the State nor the ascendancy of the multinational corporation, but rather a more nuanced and complex interaction, which we are only beginning to appreciate. This book is an important contribution to that debate.' – Duncan French, University of Sheffield, UK 'While sustainable development requires State regulation of the exploitation of natural resources, globalisation, as originally conceived, pushed for "free and unfettered" markets creating a fundamental tension between the two approaches. This book attempts to find a way towards their reconciliation with inspiring results. The book explores many themes, especially how globalisation may contribute to the solution of the problems it has caused by helping to empower non-state actors around the world so that the international decision-making processes become more inclusive, transparent and oriented towards sustainable development.' – Ximena Fuentes, Universidad Alonso Ibanez, Chile and ILA Co-Rapporteur on the Commission on Sustainable Development This book examines the complex relationships between trade, human rights and the environment within natural resources law. It discusses key theories and challenges whilst exploring the concepts and approaches available to manage crucial natural resources in both developed and developing countries. Primarily aimed at undergraduates and postgraduates, it includes exercises, questions and discussion topics for courses on globalisation and /or natural resources law as well as an ample bibliography for those interested in further research. The book will therefore serve as an invaluable reference tool for academics, researchers and activists alike.
The aim of this book is to catalyse global interest in the pursuit of transformational changes in natural resource and environmental management. It is shown that transformational policy reforms involve fundamental shifts in strategy with far-reaching consequences for the structure of industries, the way people behave and the resources they use. Transformational reforms typically involve a decision to change a suite of institutional arrangements that will result, within a short period of time, in a paradigm shift and the emergence of an approach that will be recognised as being totally different to the arrangements that were previously in place. Transformational change is well established in business and can deliver outstanding results. In the world of policy development, however, many transformational policy reforms flounder. Unlike incremental policy reforms, they are often seen to be politically risky and prone to failure. Using examples of success and failure, coupled with insights from practitioners and academics who have succeeded in getting transformational reforms implemented, this book presents a set of guidelines for excellence in the pursuit of transformational policy reforms. It includes detailed case studies from Australia, China, Europe, New Zealand, South-east Asia and the USA.
Environmental and Natural Resource Economics is the best-selling text for natural resource economics and environmental economics courses, offering a policy-oriented approach and introducing economic theory and empirical work from the field. Students will leave the course with a global perspective of both environmental and natural resource economics and how they interact. Complemented by a number of case studies showing how underlying economic principles provided the foundation for specific environmental and resource policies, this key text highlights what can be learned from the actual experience. This new, 11th edition includes updated data, a number of new studies and brings a more international focus to the subject. Key features include: Extensive coverage of the major issues including climate change, air and water pollution, sustainable development, and environmental justice. Dedicated chapters on a full range of resources including water, land, forests, fisheries, and recyclables. Introductions to the theory and method of environmental economics including externalities, benefit-cost analysis, valuation methods, and ecosystem goods and services. Boxed ‘Examples’ and ‘Debates’ throughout the text which highlight global examples and major talking points. The text is fully supported with end-of-chapter summaries, discussion questions, and self-test exercises in the book and multiple-choice questions, simulations, references, slides, and an instructor’s manual on the Companion Website.
The book provides a systematic and comprehensive study of the prevention principle in international environmental law.
Winner of the SLS Peter Birks Prize for Outstanding Legal Scholarship 2009. The use of private property rights to regulate natural resources is a controversial topic because it touches upon two critical issues: the allocation of wealth in society and the conservation and management of limited resources. This book explores the extension of private property rights and market mechanisms to natural resources in international areas from a legal perspective. It uses marine fisheries to illustrate the issues that can arise in the design of regulatory regimes for natural resources. If property rights are used to regulate natural resources then it is essential that we understand how the law and values embedded within legal systems shape the development and operation of property rights in practice. The author constructs a version of property that articulates both the private and public function of property. This restores some much needed balance to property discourse. He also assesses the impact of international law on the use of property rights-a much neglected topic-and shows how different legal and socio-political values that inhere in different legal regimes fundamentally shape the construction of property rights. Despite the many claimed benefits to be had from the use of private property rights-based management systems, the author warns against an uncritical acceptance of this approach and, in particular, questions whether private property rights are the most suitable and effective arrangement of regulating of natural resources. He suggests that much more complex forms of holding, such as stewardship, may be required to meet physical, legal and moral imperatives associated with natural resources.