Natural Resources Law & Policy eJournal最新文献

{"title":"Environmental Law Aspects of the Arbitral Tribunal Award in the South China Sea Dispute","authors":"I. Plakokefalos","doi":"10.2139/SSRN.2880624","DOIUrl":"https://doi.org/10.2139/SSRN.2880624","url":null,"abstract":"Few disputes have attracted more controversy during the past few years than the South China Sea dispute. The new addition to the saga of the dispute is the award of an Arbitral Tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea on a case brought by the Philippines against the People’s Republic of China (PRC). The Philippines initiated proceedings against the PRC in early 2013 asking the Tribunal to decide on four categories of issues, as the Tribunal itself defined them. First, it asked for a decision on maritime rights and entitlements, second, on entitlements to maritime zones, third, on a number of actions taken up by the PRC in the South China Sea, and fourth, on the aggravation of the dispute on behalf of the PRC through a number of activities, including land reclamation and the construction of artificial islands. This chapter will not focus on the more publicized (and perhaps thornier) issues such as the PRC non-appearance in the proceedings, or the question of jurisdiction. It will rather focus on the environmental aspects of the award (covered by the third and fourth categories of complaints). The award contains extensive passages on issues of environmental protection worthy of analysis and contextualization. Therefore the aim of this chapter is twofold. On the one hand to analyse those environmental law aspects of the award as such. On the other hand, to place the environmental aspects of the award in the wider context of international environmental law (and in the context of the environmental issues in the South China Sea).","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132770468","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 Benefits, Challenges, and Impediments of Greywater Use in EPA Region 5","authors":"S. Alexander, Benjamin Y. Clark","doi":"10.2139/SSRN.2860254","DOIUrl":"https://doi.org/10.2139/SSRN.2860254","url":null,"abstract":"This working paper examines the rules, regulations, and ordinances in EPA Region 5 that are helping and hindering the expanded use of greywater -- particular in agricultural uses.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127939572","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":"Local Corporations: A Corporate Form to Reduce Information Costs and Maintain Supportive Resources","authors":"James S. Krueger","doi":"10.7312/PIST17278-017","DOIUrl":"https://doi.org/10.7312/PIST17278-017","url":null,"abstract":"This paper argues the following: (1) that absolute scarcity, arising from the degradation of ecosystem services, is one of the foremost threats to essential resources; (2) that high information costs in increasingly mobile and globalized markets tend to obscure this looming scarcity and obstruct its translation into social meaning; and (3) that mobility can be reasonably limited by \"local corporations\" that act as combined economic and government entities with a limited power to exclude people and goods from their territory.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123743056","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":"Paradise Lost: Sovereign State Interest, Global Resource Exploitation and the Politics of Human Rights","authors":"D. Augenstein","doi":"10.1093/EJIL/CHW033","DOIUrl":"https://doi.org/10.1093/EJIL/CHW033","url":null,"abstract":"Taking its cue from the US Supreme Court judgment in Kiobel that restricted the extraterritorial reach of the Alien Tort Claims Act, this article explores how sovereignty structures the relationship between global resource exploitation and the localization of human rights in the international order of states. The argument situates international human rights law in an area of tension between national political self-determination and the global economic exploitation of natural resources. Global business operations in resource-rich developing countries undermine the protective role of sovereignty in relation to political self-determination that once justified the confinement of human rights to the territorial state legal order. At the same time, jurisdiction as an expression of sovereignty restricts access to justice for victims of extraterritorial human rights violations in Western home states of ‘multi-national’ corporations. I contend that this asymmetry should be resolved through a territorial extension of international human rights law that accounts for the human rights impacts of global resource exploitation. This entails that transnational tort litigation for corporate human rights violations should be appraised in the light of states’ human rights obligations to ensure effective civil remedies for victims located outside their borders. Moreover, it suggests that victims’ quest for justice through private litigation is not merely about the satisfaction of pecuniary damages but also represents a public and political attempt to reclaim their human rights in the judicial fora of Western states.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125327724","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":"Canadian Arctic Offshore Oil and Natural Gas and European Union Energy Diversification: Towards a New Perspective?","authors":"J. Davis, Kamrul Hossain, Timo Koivurova","doi":"10.2139/SSRN.2801978","DOIUrl":"https://doi.org/10.2139/SSRN.2801978","url":null,"abstract":"Events shape and in turn are shaped by developments in Arctic ocean policy. Nowhere is this truer than of the ever-changing Arctic environment, which is in turn shaping and being shaped by a global demand for secure sources of future oil and natural gas supplies. As the polar ice cap progressively shrinks, and industry interest in the Arctic quickens, Canadians are confronting the challenges of developing their Arctic hydrocarbon resources. In Canada these conflicting objectives have led to innovative regulatory policies accommodating stakeholder desires on the one hand and environmental and economic considerations on the other. The European Union (EU) similarly has multiple objectives intersecting with its Arctic interests.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128045335","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 Park for Everyone: The National Park Service in Urban America","authors":"S. Morath","doi":"10.2139/SSRN.2730678","DOIUrl":"https://doi.org/10.2139/SSRN.2730678","url":null,"abstract":"This article examines the National Park Service's past and future presence in urban America. Scholars, conservationists, and park administrators agree that urban park spaces and programming must be a focus of the National Park Service in its second century. This article explains the motivations behind the National Park Service's first urban parks and describes the National Park Service's recent emphasis on urban areas. From designations such as Pullman Park in Chicago, to initiatives like the Urban Agenda, the National Park Service is poised to engage urban America and create a new generation of park visitors.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130472546","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 Severability of Dual-Purpose Leases in the Appalachia","authors":"Brian M. Lucot, Jeff M. Stacko","doi":"10.2139/ssrn.2703565","DOIUrl":"https://doi.org/10.2139/ssrn.2703565","url":null,"abstract":"Oil and gas leases have undergone frequent evolution since the Drake Well sparked the first oil boom in the United States. One development evidencing this evolution is the creation of the dual-purpose oil and gas lease. In the years following the Drake Well, many leases only granted lessees the right to produce oil and gas. These leases would extend beyond their primary term only for so long as oil and gas were produced from leased premises, and would terminate after a certain period of non-production per the terms of the contract. As geological formations containing oil and gas in the Appalachian states became depleted in the 1930s and 1940s, it became necessary to pipe in gas from out-of-state to stockpile for the winter months. The inadequacy of pipeline infrastructure at the time necessitated that foreign gas be stored in geological formations depleted of their own gas. As such, lessees sought to amend existing leases as well as enter into new leases granting them not only the right to produce oil and gas, but also the right to store and to protect stored oil and gas. According to their express terms, these leases would extend beyond their primary term for so long as said lands were producing oil and gas, or being used for the storage or the protection of stored oil and gas. These leases allowing for production, storage and protection of storage are known as dual-purpose leases. Pennsylvania, Ohio and West Virginia courts have recently addressed challenges from lessors asserting that production provisions of dual-purpose leases expire following the primary term if the leases are extended into their secondary term only by virtue of storage, and not production. Lessors contend that the production and storage provisions in dual-purpose leases are severable. Courts in Pennsylvania and Ohio have examined some dual-purpose leases and determined that these lease provisions are generally entire, not severable; thus, lessees properly storing and making storage rental payments under such leases retain all of the rights under the lease, including the right to production. A Federal District Court for West Virginia reached the opposite conclusion. This article examines how courts in the Appalachian region have ruled on the issue of severability and also the factors the courts have considered in reaching their conclusions.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"190 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114425995","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 Regulation of Water Services in the EU Internal Market","authors":"Panos Delimatsis","doi":"10.2139/SSRN.2667498","DOIUrl":"https://doi.org/10.2139/SSRN.2667498","url":null,"abstract":"Water is an exhaustible natural resource. Access to clean, safe and affordable water must be managed nowadays not only to avoid any unnecessary use of water, but also allow for continuous supply of such an important factor of public well-being. In recent years, water-related activities acquired significant economic characteristics and competition in the sector has become a reality in several EU Member States. Whereas the water sector comes by now under the broader category of services of general (economic) interest, the discussion on water within the EU has focused for the most part on the environmental aspects of the sector. This paper focuses on the regulation of access to and distribution of water as yet another service sector with significant public good characteristics. After a discussion of the EU regulatory framework regarding the water sector and the relevance for the water sector of the current regulation of services of general interest (SGI) within the EU, the paper examines the application of the EU free movement, state aid and government procurement rules to the water sector.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133229228","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":"Colorado River Water in Southern California: Evolution of the Allocation Framework, 1922-2015","authors":"J. Robison","doi":"10.2139/SSRN.2543629","DOIUrl":"https://doi.org/10.2139/SSRN.2543629","url":null,"abstract":"An elaborate and nested legal framework, with both interstate and intrastate components, governs allocation of Colorado River water to and within Southern California. This framework has evolved for nearly a century, and this paper chronicles major milestones within this evolution. The narrative is framed with the formation of the Colorado River Compact in 1922 as a front bookend, and recent developments involving the Quantification Settlement Agreement, Salton Sea restoration, and the Interim Shortage Guidelines as back bookends. Reflections on the iterative and provisional nature of the evolutionary process, and Southern California's relative degree of water security resulting from it, appear in the conclusion.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"146 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116797448","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":"Nitrogen Trading in Lake Taupo: An Analysis and Evaluation of an Innovative Water Management Policy","authors":"M. Duhon, Hugh McDonald, Suzi Kerr","doi":"10.2139/ssrn.2653472","DOIUrl":"https://doi.org/10.2139/ssrn.2653472","url":null,"abstract":"This paper provides an overview and early evaluation of the Lake Taupo nitrogen cap and trade programme, established as part of Waikato Regional Council’s 2011 Regional Plan Variation Five. The policy establishes a catchment-wide cap on nitrogen losses by allocating farmers individual nitrogen discharge allowances and allowing those farmers flexibility to trade allowances amongst themselves and to sell allowances to a public fund while remaining within the overall catchment cap. The Taupo trading scheme is the world’s first agricultural non-point-source water-quality cap and trade scheme. This paper explains the structure and evolution of the nitrogen trading market, and analyses its impact thus far. Research drawn from written material and descriptive quantitative data provides the basis for analysing the policy, while interviews with relevant stakeholders provide insight into the successful, surprising and contentious issues that arose throughout its development and implementation.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133174867","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}