Natural Resources Law & Policy eJournal最新文献

A tributação e o desenvolvimento sustentável (Taxation and Sustainable Development) e - o - desenvelimento sustentável(税收和可持续发展)

Natural Resources Law & Policy eJournal Pub Date : 2021-04-02 DOI: 10.2139/ssrn.3818221

Gabriel Wedy

{"title":"A tributação e o desenvolvimento sustentável (Taxation and Sustainable Development)","authors":"Gabriel Wedy","doi":"10.2139/ssrn.3818221","DOIUrl":"https://doi.org/10.2139/ssrn.3818221","url":null,"abstract":"Portuguese Abstract: O artigo aborda a tributação como fator de promoção do desenvolvimento sustentável nas suas dimensões de inclusão social, desenvolvimento econômico, tutela ambiental e boa-governança. Faz-se a análise da estrutura do Estado Fiscal que financia políticas públicas promotoras do desenvolvimento sustentável. Também são analisados os custos dos direitos fundamentais para a promoção do desenvolvimento sustentável e o arcabouço jurídico orçamentário para o financiamento do Estado Democrático e Socioambiental de Direito criado pela Constituição Federal de 1988. A finalidade extrafiscal dos tributos é defendida como meio de promoção do desenvolvimento sustentável em todas as suas dimensões. Por fim são fixados os meios pelos quais a tributação pode contribuir para a promoção do desenvolvimento sustentável em uma perspectiva ambiental. English Abstract: This paper addresses taxation as a factor to promote sustainable development in their social inclusion, economic development, environmental protection and good governance dimensions. An analysis is made on the structure of Fiscal State that supports public policies promoting sustainable development. Moreover, the costs of fundamental rights to the promotion of sustainable development as well as the law budgetary framework to the support of the Social Environmental Rule of Law created by 1988 Federal Constitution are analyzed. The extra fiscal purposes of taxation are defended so as to promote sustainable development in all its dimensions. Finally, the means through which taxation may contribute to the promotion of sustainable development will be set under an environmental perspective. ","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"26 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116687911","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}

引用次数: 0

U.S. Supreme Court Issues a Major Ruling on NPDES Permits 美国最高法院对NPDES许可证作出重大裁决

Natural Resources Law & Policy eJournal Pub Date : 2020-06-26 DOI: 10.2139/ssrn.3636477

John Lushis, Jr.

引用次数: 0

Legal and Policy Issues in the Development of Nigeria’s Mining Sector: Charting the Way Forward 尼日利亚矿业发展中的法律和政策问题:指明前进方向

Natural Resources Law & Policy eJournal Pub Date : 2020-02-07 DOI: 10.2139/ssrn.3563005

P. T. Akper, L. Ani

引用次数: 1

A Cost Benefit Analysis of Shale Gas Well Bonding Systems in Pennsylvania 宾夕法尼亚州页岩气井胶结系统的成本效益分析

Natural Resources Law & Policy eJournal Pub Date : 2018-08-01 DOI: 10.2139/ssrn.3257597

Max Harleman

{"title":"A Cost Benefit Analysis of Shale Gas Well Bonding Systems in Pennsylvania","authors":"Max Harleman","doi":"10.2139/ssrn.3257597","DOIUrl":"https://doi.org/10.2139/ssrn.3257597","url":null,"abstract":"Pennsylvania imposes bonding requirements to incentivize operators to take proper precautions when they choose to abandon an oil or gas well. Bonding requires operators to set aside funds before drilling a well, which are forfeited to the state if the well is improperly abandoned. The relatively high reclamation costs and potential environmental risks from shale gas wells have led stakeholders to consider whether current bond amounts are large enough to cover cleanup. Other stakeholders argue that operators would respond to increased bond amounts by drilling fewer wells. Less drilling could reduce economic benefits received by Pennsylvanians, such as those associated with employment and mineral royalty payments. This cost benefit analysis aims to identify whether there is an alternative bonding system that would produce net social benefits in Pennsylvania versus the current system. I find that current bond amounts are likely too low, and that increasing them to match actual reclamation costs would prevent society from bearing significant costs, without giving up many economic benefits. State officials should set bonds equal to the best estimates of reclamation costs, and revise them when evidence on the true cost of reclamation becomes available.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125730257","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}

引用次数: 0

Governance of Ecosystem Services Across Scales in Bangladesh 孟加拉国跨尺度生态系统服务的治理

Natural Resources Law & Policy eJournal Pub Date : 2018-01-14 DOI: 10.1007/978-3-319-71093-8_6

A. Allan, M. Lim

引用次数: 0

Property Values and Risks: Evidence from Shale Development 房地产价值和风险:来自页岩开发的证据

Natural Resources Law & Policy eJournal Pub Date : 2017-09-01 DOI: 10.2139/ssrn.3041462

C. Cecot

引用次数: 0

How to Make Land Titling More Rational 如何使土地权属更加合理

Natural Resources Law & Policy eJournal Pub Date : 2017-08-15 DOI: 10.2139/ssrn.3018097

Benito Arruñada

引用次数: 3

The Baseline Bar 基准条

Natural Resources Law & Policy eJournal Pub Date : 2017-05-09 DOI: 10.17161/1808.25558

Nadia Ahmad

{"title":"The Baseline Bar","authors":"Nadia Ahmad","doi":"10.17161/1808.25558","DOIUrl":"https://doi.org/10.17161/1808.25558","url":null,"abstract":"“It is horrifying that we have to fight our own Government to save our environment.” (Ansel Adams) \u0000The road to sustainability for the planet’s people and natural ecosystems does not include rampant extractivism. A recent study suggests that more than 80 percent of the world’s known hydrocarbon reserves must remain in the ground to avoid runaway climate change. This article challenges the dominant paradigm as to why the “no action” alternative provision of the National Environmental Policy Act (NEPA) is used more as a tool of assessment to move a project forward than instead as a tool of prohibition to halt a project and its deleterious environmental impacts. To strengthen the “no action” alternative, this article recommends a more detailed analysis to conserve delicate environmental spaces and alleviate the phenomenon of environmental racism. Increased detail and specificity would establish what I refer to as “the baseline bar,” the point at which environmental, social, and economic metrics for a proposed federal agency action lead to a recommendation of “no action.” The baseline bar can be achieved through NEPA’s “no action” alternative as well as through other environmental laws, including the Clean Water Act, the Clean Air Act, the Endangered Species Act, inter alia. The baseline bar would operate to halt project development once specific metrics are not satisfied or delay them so they become economically unfeasible. Manifestations of the baseline bar have led up to the earlier rejection of extractive industry projects, such as Alaska’s Pebble Mine and TransCanada’s Keystone XL Pipeline. Yet these projects and many other hydrocarbon and mining enterprises now face rebirth. Adherence to NEPA’s procedural requirements could delay or inhibit such projects. The lack of a baseline bar is evident in the water crisis in Flint, Michigan, and the armed standoff over grazing rights in Oregon. Further, this analysis of the baseline bar will work toward understanding the next wave of environmental lawsuits and dispute resolution.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134046802","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}

引用次数: 0

Call for the Development and Transfer of Marine Science and Technology: Policy Memorandum to the International Seabed Authority 呼吁发展和转让海洋科学和技术:致国际海底管理局的政策备忘录

Natural Resources Law & Policy eJournal Pub Date : 2017-03-17 DOI: 10.2139/ssrn.3071861

Yao Zhou

{"title":"Call for the Development and Transfer of Marine Science and Technology: Policy Memorandum to the International Seabed Authority","authors":"Yao Zhou","doi":"10.2139/ssrn.3071861","DOIUrl":"https://doi.org/10.2139/ssrn.3071861","url":null,"abstract":"The international seabed, also known as the Area, consists of the seabed, ocean floor, and subsoil thereof beyond the limits of any national jurisdiction, and is governed by the International Seabed Authority. Under the United Nations Convention on the Law of the Sea, the Authority has a prescribed function to acquire scientific knowledge and monitor the development of marine technology. However, a recent review report prepared by the Seascape Consultants on the organization’s operation indicated that “the previous lack of engagement by the Authority in managing and encouraging the sharing of environmental data … [was] a missed opportunity, which has led to much greater efforts being required to fill gaps in knowledge.�? The review report also pointed out that the Authority had not carried out any significant work to monitor the development and transfer of marine technology relevant to activities in the Area. Drawing on analysis of the current legal framework and its implementation, this memo outlines challenges in the development and transfer of marine science and technology, and suggests that the Authority could develop a technology diffusion process that would include both patent licensing and research data sharing arrangements. It could cooperate with states and other organizations to implement the process, thereby achieving better governance of the Area and its resources.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"291 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-03-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124192943","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}

引用次数: 0

Private Sector Conservation Investments under the Endangered Species Act: A Guide to Return on Investment Analysis 《濒危物种法下的私营部门保护投资:投资回报分析指南》

Natural Resources Law & Policy eJournal Pub Date : 2017-03-07 DOI: 10.2139/SSRN.2950662

J. Boyd, R. Epanchin‐Niell

{"title":"Private Sector Conservation Investments under the Endangered Species Act: A Guide to Return on Investment Analysis","authors":"J. Boyd, R. Epanchin‐Niell","doi":"10.2139/SSRN.2950662","DOIUrl":"https://doi.org/10.2139/SSRN.2950662","url":null,"abstract":"The US Endangered Species Act (ESA) protects imperiled species by prohibiting harm to listed species and their habitat. Over the last 20 years, the US Fish and Wildlife Service and National Marine Fisheries Service have developed programs to increase management flexibility under the ESA and to encourage voluntary conservation actions by the private sector — above and beyond what is required for ESA compliance. These programs include Candidate Conservation Agreements, Safe Harbor Agreements, and a new Prelisting Conservation Policy, among others. Why would private landowners and firms voluntarily engage in proactive conservation efforts? We address that question by exploring the incentives created by ESA programs, using a return on investment (ROI) framework to identify the costs and benefits of participation. The paper is relevant to firms affected by current or potential species listings. It is also relevant to NGO and government conservation advocates interested in encouraging more conservation by the private sector. The analysis sheds light on factors likely to affect participation, programs’ likely effectiveness, ways to better target partnering or cost-share engagements with the private sector, and the design of future programs to achieve conservation goals.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129265939","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}

引用次数: 5