{"title":"Of Sustainable Development in Africa: Addressing the (In)Congruence of Plastic Bag Regulations with International Trade Rules","authors":"Regis Yann Simo","doi":"10.2139/ssrn.3391826","DOIUrl":"https://doi.org/10.2139/ssrn.3391826","url":null,"abstract":"Several aspects of the trade policies of African countries suffer from neglect in the legal literature. When they are the object of research, the focus is sometimes limited to their participation in the dispute settlement system or on the enforceability of special and differential treatment provisions. While practice displays that African countries have almost never been the target of complaints for a number a reasons, those approaches do not always take into consideration African countries’ domestic measures affecting the flow of goods and services, which could eventually trigger disputes. This paper, which intends to fill that gap and add to the existing stream of research, tackles trade measures geared toward sustainable development and environmental protection in Africa, especially the growing body of legislation to restrict the use plastic bags. The multilateral trading rules give the Members of the World Trade Organization (WTO) flexibility to pursue social and environmental policies provided the latter are compliant with the provisions of the covered agreements. While some African countries that have taken the steps to address plastic bags have either made use of quantitative restrictions or licencing schemes, others have combined these border measures with domestic regulations. Coming from all parts of the continent, and all being WTO Members, this is their contribution to the debate on sustainable development goals spelled out in the Marrakesh Agreement Establishing the WTO. The paper reviews these countries’ regulations, not only individually but also in the framework of regional economic integration schemes in which they are parties, in search of their compatibility with the multilateral trade rules.","PeriodicalId":157380,"journal":{"name":"Environmental Anthropology eJournal","volume":"04 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127435449","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Improving Multi-Agency Governance Arrangements Forpreparedness, Planning and Response: Implementing Theintegrated Approach in Australia","authors":"A. Ryan","doi":"10.2139/ssrn.3269109","DOIUrl":"https://doi.org/10.2139/ssrn.3269109","url":null,"abstract":"Systems of public sector governance are adjusting to the requirements of Digital Age resilience and response. The traditional hierarchical structure of the public sector, in Australia and elsewhere, was optimised for the circumstances of the Industrial Age and for a professional public service model that relied on the concentration of expertise in distinct departments of state. Contemporary pressures for multi-hazard risk-reduction, resilience and crisis response require government, civil society and private sector organisations to coordinate their efforts more effectively. Within the public sector, civilian, military and police officers and officials must develop systems to build national preparedness, share information and work across boundaries for both domestic and offshore contingencies. This paper considers how the lessons of recent offshore operations are shaping the effort to introduce the concept of the Integrated Approach in Australia.","PeriodicalId":157380,"journal":{"name":"Environmental Anthropology eJournal","volume":"185 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115514889","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A False Sense of Security: The Impact of Forecast Uncertainty on Hurricane Damages","authors":"Andrew B. Martinez","doi":"10.2139/ssrn.3070154","DOIUrl":"https://doi.org/10.2139/ssrn.3070154","url":null,"abstract":"Can forecasts of natural disasters alter their destructiveness? Poor forecasts increase damages when individuals do not mitigate risks based on the false belief that they will be unaffected. We test this hypothesis by examining the impact of 12-hour-ahead forecasts on hurricane damages and find that larger errors in the storm's predicted landfall location lead to higher damages. The cumulative reduction in damages from forecast improvements since 1970 is about $82 billion. This exceeds the U.S. government’s spending on these forecasts and private willingness to pay for them. The benefits from forecast improvements are underestimated and individual adaptation decisions matter.","PeriodicalId":157380,"journal":{"name":"Environmental Anthropology eJournal","volume":"125 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126874181","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Exporting Pollution: Where Do Multinational Firms Emit CO2?","authors":"Itzhak Ben-David, S. Kleimeier, Michael Viehs","doi":"10.2139/ssrn.3252563","DOIUrl":"https://doi.org/10.2139/ssrn.3252563","url":null,"abstract":"\u0000 Despite widespread awareness of the detrimental impact of CO2 pollution on the world climate, countries vary widely in how they design and enforce environmental laws. Using novel microdata about multinational firms' CO2 emissions across countries, we document that firms headquartered in countries with strict environmental policies perform their polluting activities abroad in countries with relatively weaker policies. These effects are largely driven by tightened environmental policies in home countries that incentivize firms to pollute abroad rather than lenient foreign policies that attract those firms. Although firms headquartered in countries with strict domestic environmental policies are more likely to export pollution to foreign countries, they nevertheless emit somewhat less overall CO2 globally.","PeriodicalId":157380,"journal":{"name":"Environmental Anthropology eJournal","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128227626","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Compliance in Transition: Is Facilitative Compliance Finding Its Place in the Paris Climate Regime?","authors":"Meinhard Doelle","doi":"10.2139/ssrn.3228766","DOIUrl":"https://doi.org/10.2139/ssrn.3228766","url":null,"abstract":"The paper explores the current compliance negotiations under Article 15 of the 2015 Paris Climate Agreement. The paper provides an overview of the current state of the negotiations, and considers ways to conclude the negotiations toward an effective compliance system under the Paris Agreement. In the process, the paper explores key differences and similarities between Paris and Kyoto, and identifies possible lessons from the Kyoto compliance experience.","PeriodicalId":157380,"journal":{"name":"Environmental Anthropology eJournal","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114315357","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Successful Recalibration of Patent Law vis-à-vis M�?tauranga M�?ori? A Case Study of M�?nuka (Leptospermum Scoparium)","authors":"J. Lai","doi":"10.4337/9781789902495.00009","DOIUrl":"https://doi.org/10.4337/9781789902495.00009","url":null,"abstract":"Patents are theorised to serve a multitude of functions, ranging from incentivising invention and the dissemination of knowledge, to signalling certain capabilities and values, to structuring transactions and the commercialisation process. For all intents and purposes, these functions are misaligned with Indigenous peoples’ interests and worldviews. Indeed, beyond failing to serve Indigenous peoples, there is a growing body of literature proclaiming and decrying the appropriation and propertisation of Indigenous knowledge and resources, often referred to under the terms traditional cultural expressions (TCEs), traditional knowledge (TK) and related genetic resources (GRs). Yet, there is little empirical research measuring the scale of any such appropriation or propertisation. This article presents the results of an empirical search for patents pertaining to Mānuka (Leptospermum scoparium) filed through the Intellectual Property Office of New Zealand (IPONZ). Furthermore, it reflects on the applications pertaining to Mānuka filed since the Patents Act 2013 came into force, and analyses whether the therein created Māori Advisory Committee has served its purpose with respect to those applications.","PeriodicalId":157380,"journal":{"name":"Environmental Anthropology eJournal","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121059262","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Scientific Knowledge Fraud","authors":"Wes Henricksen","doi":"10.2139/SSRN.3188335","DOIUrl":"https://doi.org/10.2139/SSRN.3188335","url":null,"abstract":"The tobacco, asbestos, and fossil fuel industries, among others, have misled the public about the dangers posed by their products by lying about the science behind the products. Individuals harmed by these misrepresentations should be able to sue for fraud. Plaintiffs in fraud cases of this kind—where the misrepresentation pertains to scientific knowledge—face far greater obstacles to proving falsity, a required fraud element, than do typical fraud plaintiffs. Accordingly, a different falsity standard should apply in such cases. This Article answers three questions about how that standard should be crafted and applied. First, how should a court determine if a case before it is one to which this new standard should apply? Second, how should the court determine what knowledge the scientific community held at a given time for the purpose of assessing the truthfulness or falsity of a statement or omission? And third, how should courts compare that baseline truth with the defendant’s statement or omission to determine falsity? Answering these questions should help make it possible for those harmed by scientific knowledge fraud to obtain relief.","PeriodicalId":157380,"journal":{"name":"Environmental Anthropology eJournal","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121395422","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Climate Change and Oregon Law: What is to Be Done?","authors":"Alanna Brickley, Steve Schell, E. Sullivan","doi":"10.2139/ssrn.3168533","DOIUrl":"https://doi.org/10.2139/ssrn.3168533","url":null,"abstract":"While some deny the fact or intensity of climate change, science affirms that reality. However in the United States, lobbyists and inertia hinder legal responses to this phenomenon in Congress and the Supreme Court tends to limit the effect of public agency action through manipulation of the law of takings and the irregular review of federal agency action, practical responses to climate change in the United States are more often found at the state level, for states traditionally govern the law of property and land use on the everyday level and provide for multiple laboratories to approach climate change solutions. Common law and state statutory law regarding property may be static or dynamic. The Supreme Court has intimated that too quick a change in property law may result in a “taking,” but, over time, most state legislatures and courts have evolved the law of property to be responsive to multiple social goals. The tension here will be between those who view property law as essentially static or dynamic. As the effects of climate change increase, property doctrines involving change of the interface between land and water (including those of accretion, reliction and avulsion) will also change. Moreover, the responsibilities of property owners to avoid nuisance activities and bear costs of necessary infrastructure as an incidence of ownership, will also necessarily change. Similarly, land use must also respond to climate change in terms of natural resources (the types and impacts of farm and forest uses, preservation of wetlands, natural areas and other specific resources), the allocation and use of water, coastal lands protection and efficiency of urban land uses all lend themselves to state direction and local government implementation of climate change goals and strategies. Issues to be addressed in the United States include the flexibility of property and planning law to science and social need, the responsiveness of takings law and judicial review of administrative action, and the inclusion of climate change considerations in land use and infrastructure decisions (which involve the type of energy facilities chosen, public liability and the use of insurance to allow restoration of structures destroyed by natural disasters, and the need for compact, energy-efficient cities). We conclude that three major principles must be considered and applied by states: sequestration, mitigation and adaptation. Sequestration raises the public consciousness of the accumulation of CO2 that must be accommodated, while mitigation and adaptation emphasize to the public a balance to be achieved with every public action. State and local government action is much more likely in the short and medium term to achieve an adequate response to climate change than that of the federal government.","PeriodicalId":157380,"journal":{"name":"Environmental Anthropology eJournal","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127144657","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Domo Arigato Gozaimasu: Economic Spillovers of Regional Tourism in Japan","authors":"N. Comerio, Fausto Pacicco","doi":"10.2139/ssrn.3164287","DOIUrl":"https://doi.org/10.2139/ssrn.3164287","url":null,"abstract":"A growing body of literature investigates the relationship between tourism and economic growth (Brida et al. 2016); even if sub-national studies are deemed relevant in order to analyze the issue (Pablo-Romero and Molina, 2013), these are rare: thus, we aim to provide a first analysis of the bi-univocal relationship between tourism and economic growth for Japanese regions and prefectures, using multiple Granger Causality tests in a Bayesian VAR model, from 2007 to 2014. We find that either (or both) tourism-led growth hypothesis and economic-led tourism hypothesis are supported empirically in 4 out of 8 regions and in 19 out of 47 prefectures, in univocal or bi-univocal direction, proving that sub-national territories do not always display the behaviour found on the national level. \u0000Our findings suggest the use of tourism as a policy instrument able to stimulate economic growth on sub-national level, even if some regional discrepancies are to be expected.","PeriodicalId":157380,"journal":{"name":"Environmental Anthropology eJournal","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116210007","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The European Journal of Tourism Research: A Personal Journey","authors":"Stanislav Ivanov","doi":"10.54055/ejtr.v18i.310","DOIUrl":"https://doi.org/10.54055/ejtr.v18i.310","url":null,"abstract":"This paper presents an overview of the history of the European Journal of Tourism Research – the first and only English-language academic journal in the field of tourism and hospitality studies in Bulgaria. It analyses the submissions by year, type and key topics, discusses journal’s policies and elaborates on the future of the journal.","PeriodicalId":157380,"journal":{"name":"Environmental Anthropology eJournal","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126211409","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}