Academic literature on the topic '180111 Environmental and Natural Resources Law'
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Journal articles on the topic "180111 Environmental and Natural Resources Law"
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Manik, Jeanne Darc Noviayanti, and Wirazilmustaan Wirazilmustaan. "LAW ENFORCEMENT ON ENVIRONMENTAL PROTECTION AND RESOURCE CONSERVATION." PROGRESIF: Jurnal Hukum 13, no. 1 (June 28, 2019): 41–56. http://dx.doi.org/10.33019/progresif.v13i1.1035.
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Conservation of natural resources is a natural resource management whose utilization is done wisely to ensure the continuity of its availability by maintaining and improving the quality of diversity and value. Conservation of natural resources and ecosystems aims to achieve the realization of the sustainability of natural resources and the equilibrium of the ecosystem so that it can better support the efforts to improve the community welfare and the quality of human life. The problem are the implementation of conservation of natural resources and its ecosystem in the region based on Act No. 5 of 1990 and law enforcement against perpetrators of the conservation of natural resources and ecosystems. The research method used is legal research using a statutory and conceptual approach. The conservation of natural resources and ecosystems is based on preserving the ability and utilization of natural resources and their ecosystem in a harmonious and balanced environment. The conservation of natural resources and ecosystems is conducted through the protection of life-supporting systems, preserving the diversity of plant and animal species along with its ecosystem and the sustainable utilization of natural resources and ecosystem.
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Ruaro, Renata, and Roger Paulo Mormul. "Anticipated changes to environmental law may jeopardize Brazilian natural resources." Frontiers in Ecology and the Environment 15, no. 2 (March 2017): 65–66. http://dx.doi.org/10.1002/fee.1461.
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Kelly, Danial. "Natural Resources Law in Australia: Principles and Practices." Jambe Law Journal 1, no. 2 (July 12, 2019): 155–76. http://dx.doi.org/10.22437/jlj.1.2.155-176.
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What is the jurisprudential approach taken to Natural Resources Law in Australia? The ultimate source of law in Australia is Commonwealth of Australia Constitution Act however the Constitution does not specifically include an environment or natural resources power and the Commonwealth government can only make laws under the heads of power provided by the Constitution. This paper considers how natural resources law has developed as environmental protection law, especially the Environment Protection and Biodiversity Conservation Act. Also discussed is the approach taken by the Northern Territory of Australia in relation to natural resources law. The discussion unearths the developing jurisprudence in Australian natural resources law that seems to increasingly favour environmental protection over human development.
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Zhang, Yaoqi, and Yiqing Li. "Valuing or pricing natural and environmental resources?" Environmental Science & Policy 8, no. 2 (April 2005): 179–86. http://dx.doi.org/10.1016/j.envsci.2004.09.005.
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Kennett, Steven A. "Law and process in environmental management, sixth CIRL conference on natural resources law." Land Use Policy 11, no. 1 (January 1994): 71–73. http://dx.doi.org/10.1016/0264-8377(94)90045-0.
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Luneva, Elena V. "The Concept and Place of the Law of Rational Use of Natural Resources in the Environmental Law System." Ecological law 6 (December 17, 2020): 35–42. http://dx.doi.org/10.18572/1812-3775-2020-6-35-42.
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It was revealed that rational use of natural resources can be considered both as one of the goals and as a principle of natural resource branches of law, and the right of rational use of natural resources — as a system of legal norms within the relevant branches of law, containing such a goal and (or) principle and implementing them. The concept of the law of rational use of natural resources in the objective sense is formulated. The classification of positions on the use of environmental, environmental and natural resource law is carried out, depending on which system of environmental legal norms is a broader or narrower formation, which of them is completely or partially absorbed by the other. The proposed classification allows us to show the influence of such approaches on the hierarchy of associations of environmental and legal norms (different names of the same subdivisions, their unequal composition, structure, etc.). The place of the law of rational use of natural resources in the system of environmental law has been determined. It is a larger legal entity than an institution, but it is not formed into a sub-sector either. The law of rational use of natural resources refers to the constituent norms of environmental law, which are modified and disclosed in legal institutions of both environmental law and individual natural resource branches of law.
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Smith, Don C. "Environmental courts and tribunals: changing environmental and natural resources law around the globe." Journal of Energy & Natural Resources Law 36, no. 2 (April 2018): 137–40. http://dx.doi.org/10.1080/02646811.2018.1446404.
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Adler, Robert. "Natural Resources and Natural Law Part II: The Public Trust Doctrine." Michigan Journal of Environmental & Administrative Law, no. 10.1 (2021): 225. http://dx.doi.org/10.36640/mjeal.10.1.natural.
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Natural Resources and Natural Law Part I: Prior Appropriation analyzed claims by some western ranchers, grounded in natural law, that they have property rights in grazing resources on federal public lands through prior appropriation. Those individuals advocated their position in part through civil disobedience and armed standoffs with federal officials. They also asserted that their duty to obey theistic natural law overrode any duty to obey the Nation’s positive law. Similar claims that individual religious beliefs override positive law have been made recently regarding a range of other controversial issues, such as same-sex marriage, public insurance for birth control, and the right to bear arms. Prior appropriation doctrine is consistent with secular natural law theory. Existing positive law, however, accepts prior appropriation for western water rights but rejects its application to grazing rights on federal public lands, for reasons consistent with secular natural law. Natural law doctrine allows citizens to advocate for change but requires them to respect the positive law of the societies in which they live. Separation of church and state also bars natural law claims based on religious doctrine unless those principles are also adopted in secular positive law. This sequel addresses claims from the opposite side of the political-environmental spectrum, that natural law provides one justification for the public trust doctrine, and that courts should enforce an atmospheric public trust to redress catastrophic global climate change. Although some religious groups have embraced environmental agendas supported by religious doctrine, public trust claims are secular in origin. Just as natural law provides support for prior appropriation, it supports the idea that some resources, such as water, wildlife, and air, should be held in common rather than made available for private ownership. From this perspective, the two doctrines merge into a single issue of resource allocation. Which resources are best made available for appropriation as private property, and which are best left in common? Natural law theory helps to explain the liberty and welfare goals that inform those choices. Positive law embraces the public trust doctrine with respect to some natural resources, and does not preclude its applicability to the atmosphere or other common resources.
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Боголюбов, Сергей, and Syergyey Bogolyubov. "Differentiation or contrast nature management and environmental protection." Advances in Law Studies 2, no. 6 (December 31, 2014): 237–41. http://dx.doi.org/10.12737/10423.
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Nature management and resources law (that are united by environmental law) form a comprehensive and integrated super-branch of Russian law and legislation. The regulation of organization of sustainable environmental management is inseparable from environmental regulation. Therefore their antagonistic opposition and baseless differentiation are inadmissible. The regulation of use of natural resources (natural resources law) constantly interacts with environmental regulation (environmental management law); the environmental law is intended not so much to differentiate these branches and sub-branches of environmental super-branch as to combine them. The environmental law should not be boundless, but it should have its own subject, methods, systems, affecting other social phenomena through their ecologization.
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Ajide, Kazeem Bello, and Olorunfemi Yasiru Alimi. "Environmental impact of natural resources on terrorism in Africa." Resources Policy 73 (October 2021): 102133. http://dx.doi.org/10.1016/j.resourpol.2021.102133.
Full textDissertations / Theses on the topic "180111 Environmental and Natural Resources Law"
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Gardner, Alexander Walter. "Negotiation and agreements in integrated resources management." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/26138.
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The purpose of this thesis is to propose a model of integrated resources management which uses techniques of negotiation and agreements to involve all interested parties in the decision making process. The thesis is developed in two parts. Part I defines the model and principles which are applied in Part II to a case study of forestry planning in community watersheds.
For some years now there have been calls for natural resources management on an ecological basis. To achieve this, the law must define legal rights and procedures which ensure that all affected human interests are taken into account in management decision-making. The decision-making is characterized as a bargaining process aimed at balancing the competing interests of all affected parties. Bargaining connotes a use of negotiation and agreement.
However, the established legal uses of these techniques are restricted to situations involving few parties. Complex integrated resources management has been conducted primarily through expert discretionary administration. But bureaucratic administration of complex issues is now understood as an inherently political process fraught with scientific and values uncertainties and lacking legitimacy because it is not effectively accountable to the parties whose interests are affected.
The recent experience with environmental alternative dispute resolution ("ADR") suggests techniques for all affected parties to be taken into account by representative negotiation and agreement. A review of examples of environmental ADR provides some principles about the use of negotiation and agreements to supplement the regulatory processes of integrated resources management. Those principles relate to the assertion of legal rights, the need to remedy dissatisfaction with judicial procedures and the adversary system as means to challenge regulatory decisions, the negotiation process itself, and the regulatory approval and implementation of negotiated agreements.
The case study commences with an analysis of the legal context. It reveals an uncertain regime of legal rights and authority. The Ministries involved have great discretionary authority; the forest licensee's legal relations are principally of a contractual nature with the Crown; and the water licensees' rights are ill-defined. This uncertain legal regime does not facilitate bargaining between the affected resource licensees.
The integrated resources management framework established under administrative authority does have the potential to facilitate bargaining. Whilst the new framework is innovative and establishes new institutions, rights and duties, it is difficult to determine authoritatively the elements of that framework because they are found only in a set of policy documents and are still subject to the uncertainty of administrative discretion.
Negotiation and agreements may occur in a number of different contexts in the integrated resources management framework, especially in the context of the Technical Review Committee which is the main arena for negotiation between the interested parties. There is a commentary on the negotiation process, much of the material for which was gathered in interviews with representatives of the parties involved. Various reforms of the framework should be considered to facilitate bargaining and confine administrative discretion. Principal among these are the right of all parties to appeal to an administrative tribunal when the regulatory decision is made without the consensus of the negotiating committee, and clarification of the method of adjudicating compliance with regulatory conditions.
In summary, the whole framework established by the policy documents should be revised and given a legislated base. In doing this, certain legal questions need to be considered. Ultimately, the utility of the model proposed depends upon the capacity of the law to define the various natural resource interests of all people in the community.Law, Peter A. Allard School of
Graduate
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Farchakh, Loubna. "The concept of intergenerational equity in international law /." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80918.
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The theory of intergenerational equity is closely linked to the notion of sustainable development. It is indeed considered to be one of its aspect. Intergenerational equity can be divided in two facets: the intergenerational component links the present generation to future generations, while the intragenerational aspect imposes, within the same generation, a duty for industrialized countries to help developing countries. The legal status of intergenerational equity appears to be limited because of its qualification as a concept. Therefore, this concept of intergenerational equity belongs to the realm of soft law. Nevertheless, legal implications can be drawn out from this theory. Different means of implementation can be envisioned, some belonging to the domain of soft law, other employing more classical tools, such as institutional mechanisms.
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Nikolaou, John. "Developing a model for effective community development agreements in the extractive industries." Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/cmc_theses/2142.
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Natural resource development has tremendous potential to create inclusive economic growth in countries well-endowed with oil, mineral, and agricultural resources. At the same time, natural resource development can cause negative environmental externalities, and, in several cases, extractives companies can engage in labor abuse.
The intersection of the government’s and the corporation’s interest can lie in Corporate Social Responsibility Projects.This thesis will analyze an alternative model of CSR: community development agreements (CDAs). CDAs are voluntary, or sometimes government mandated, agreements between the project developer and the project affected community that define company commitments to issues such as environmental impact mitigation, benefit sharing, and local employment, for example. The objective of this thesis is to review the theoretical underpinnings of CDA process, analyze the application of CDAs in several case studies, and develop a framework of best practices for CDAs based on those analyses.
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Heatherington, Tracey. "Environmental politics in a highland Sardinian community." Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=68102.
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The movement to protect wilderness resources can conflict with local intentions for land use and development, particularly in economically marginal areas. In rural Italy, on the island of Sardinia, the plan to create a Gennargentu National Park has incited active opposition on the part of the communities affected. In the town of Baunei, responses to environmental legislation are motivated by the desire to maintain communal control over common lands. Political action, both formal and informal, is organised by local understandings about the impact of certain laws and institutions on the town economy, principally by the restriction of residents' usi civici (traditional rights of usufruct). This thesis considers the role and meaning of the usi civici in Baunei, and the implications of this for environmental politics in Sardinia.
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McGrath, Christopher James. "How to evaluate the effectiveness of an environmental legal system." Thesis, Queensland University of Technology, 2007. https://eprints.qut.edu.au/16661/1/Christopher_James_Mcgrath_Thesis.pdf.
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The principal research question addressed in this thesis is how the effectiveness of an environmental legal system can best be evaluated. A legal system is effective if it is achieving or likely to achieve its objectives. For an environmental legal system this means achieving sustainable development. The hypothesis tested in relation to this research question is that the pressure-state-response ("PSR") method of State of the Environment ("SoE") Reporting provides the best available framework for evaluating the effectiveness of an environmental legal system. A subsidiary research question addressed in this thesis is whether the environmental legal system protecting the Great Barrier Reef ("GBR") in north-eastern Australia is likely to achieve sustainable development of it. The hypothesis tested in relation to this research question is that the environmental legal system protecting the GBR is likely to achieve sustainable development of the GBR. The principal method used to address these research questions and test the hypotheses is a case study of the effectiveness of the laws protecting the GBR. Particular emphasis is given in the case study to climate change both because it is now recognised as the major threat to the GBR and is a topic of significant international and national interest. This thesis is intended to contribute, in particular, to the current public and policy debate on responding effectively to climate change by using the GBR as a yardstick against which to measure "dangerous climate change" and, conversely, acceptable climate change. There are five major findings of the research. First, most of the legal writing regarding environmental legal systems is descriptive, explanatory and interpretative rather than evaluative. Second, most legal writers who attempt to evaluate the effectiveness of part or the whole of an environmental legal system implicitly use the PSR method and refer to pressures, conditions, and responses but do not acknowledge this conceptual framework. Third, the best available conceptual and analytical framework for evaluating the effectiveness of an environmental legal system is the PSR method. It is the simplest, most systematic, comprehensive and meaningful framework with the greatest predictive power for evaluating the effectiveness of the total social and legal response to human-induced environmental degradation currently available. Fourth, current practice in SoE reporting, at least in relation to the GBR, is largely descriptive and rarely evaluates the effectiveness of the response. The fifth major finding of this research is that, while there are many effective parts of the response to pressures on the GBR, the current environmental legal system is not likely to be effective in preventing climate change from causing very serious damage to the GBR. Based on what we know at this point in time, particularly the technology that is currently available and current greenhouse gas emissions, the impacts of climate change appear likely to swamp the many good aspects of the legal system protecting the GBR. Atmospheric concentrations of carbon dioxide in 2005 were approximately 379 parts per million ("ppm") and rising by 2 ppm per year. Including the effect of other greenhouse gases such as methane, the total concentration of atmospheric greenhouse gases was around 455 ppm carbon dioxide equivalents ("CO2-eq") in 2005, although the cooling effect of aerosols and landuse changes reduced the net effect to around 375 ppm CO2-eq. Limiting the total increase in mean global temperature to approximately 1°C requires stabilization of atmospheric greenhouse gases and aerosols around 350 ppm CO2-eq. Increasing the net effect of greenhouse gases and aerosols to 450-550 ppm CO2-eq is expected to result in a 2-3°C rise in mean surface temperatures. There are currently no international or national legal constraints to hold greenhouse gas concentrations beneath these levels and they appear likely to be exceeded. These increases in mean global temperatures are expected to severely degrade the GBR by 2030-2040. Even the targets being set by the new Australian Government of reducing Australia's greenhouse gas emissions by 60% by 2050 appear insufficient to protect the GBR. If a 60% reduction in emissions can be achieved globally by 2050 a rise in mean global temperature of around 2.4°C is expected. This indicates the environmental legal system protecting the GBR is not likely to be effective in relation to climate change and, therefore, is failing to reach its objective of sustainable development. Three major recommendations arise from the research. First, legal writers attempting to evaluate the effectiveness of the whole or part of an environmental legal system should use and acknowledge the PSR method. Second, SoE reports should include a stand-alone chapter evaluating the effectiveness of the response. Third, the environmental legal system protecting the GBR should take strong and comprehensive measures to reduce greenhouse gas emissions if the objective of sustainable development is to be achieved. Such measures should include setting policy targets for stabilizing atmospheric greenhouse gas and aerosol concentrations around 350 ppm CO2-eq to limit increases in mean global temperature to 1°C. Policy targets of stabilizing atmospheric greenhouse gases and aerosols at 450-550 ppm CO2-eq to limit increases in mean global temperatures to 2-3°C are likely to be too high to avoid severe impacts of coral bleaching to the GBR.
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McGrath, Christopher James. "How to evaluate the effectiveness of an environmental legal system." Queensland University of Technology, 2007. http://eprints.qut.edu.au/16661/.
Full textAbstract:
The principal research question addressed in this thesis is how the effectiveness of an environmental legal system can best be evaluated. A legal system is effective if it is achieving or likely to achieve its objectives. For an environmental legal system this means achieving sustainable development. The hypothesis tested in relation to this research question is that the pressure-state-response ("PSR") method of State of the Environment ("SoE") Reporting provides the best available framework for evaluating the effectiveness of an environmental legal system. A subsidiary research question addressed in this thesis is whether the environmental legal system protecting the Great Barrier Reef ("GBR") in north-eastern Australia is likely to achieve sustainable development of it. The hypothesis tested in relation to this research question is that the environmental legal system protecting the GBR is likely to achieve sustainable development of the GBR. The principal method used to address these research questions and test the hypotheses is a case study of the effectiveness of the laws protecting the GBR. Particular emphasis is given in the case study to climate change both because it is now recognised as the major threat to the GBR and is a topic of significant international and national interest. This thesis is intended to contribute, in particular, to the current public and policy debate on responding effectively to climate change by using the GBR as a yardstick against which to measure "dangerous climate change" and, conversely, acceptable climate change. There are five major findings of the research. First, most of the legal writing regarding environmental legal systems is descriptive, explanatory and interpretative rather than evaluative. Second, most legal writers who attempt to evaluate the effectiveness of part or the whole of an environmental legal system implicitly use the PSR method and refer to pressures, conditions, and responses but do not acknowledge this conceptual framework. Third, the best available conceptual and analytical framework for evaluating the effectiveness of an environmental legal system is the PSR method. It is the simplest, most systematic, comprehensive and meaningful framework with the greatest predictive power for evaluating the effectiveness of the total social and legal response to human-induced environmental degradation currently available. Fourth, current practice in SoE reporting, at least in relation to the GBR, is largely descriptive and rarely evaluates the effectiveness of the response. The fifth major finding of this research is that, while there are many effective parts of the response to pressures on the GBR, the current environmental legal system is not likely to be effective in preventing climate change from causing very serious damage to the GBR. Based on what we know at this point in time, particularly the technology that is currently available and current greenhouse gas emissions, the impacts of climate change appear likely to swamp the many good aspects of the legal system protecting the GBR. Atmospheric concentrations of carbon dioxide in 2005 were approximately 379 parts per million ("ppm") and rising by 2 ppm per year. Including the effect of other greenhouse gases such as methane, the total concentration of atmospheric greenhouse gases was around 455 ppm carbon dioxide equivalents ("CO2-eq") in 2005, although the cooling effect of aerosols and landuse changes reduced the net effect to around 375 ppm CO2-eq. Limiting the total increase in mean global temperature to approximately 1°C requires stabilization of atmospheric greenhouse gases and aerosols around 350 ppm CO2-eq. Increasing the net effect of greenhouse gases and aerosols to 450-550 ppm CO2-eq is expected to result in a 2-3°C rise in mean surface temperatures. There are currently no international or national legal constraints to hold greenhouse gas concentrations beneath these levels and they appear likely to be exceeded. These increases in mean global temperatures are expected to severely degrade the GBR by 2030-2040. Even the targets being set by the new Australian Government of reducing Australia's greenhouse gas emissions by 60% by 2050 appear insufficient to protect the GBR. If a 60% reduction in emissions can be achieved globally by 2050 a rise in mean global temperature of around 2.4°C is expected. This indicates the environmental legal system protecting the GBR is not likely to be effective in relation to climate change and, therefore, is failing to reach its objective of sustainable development. Three major recommendations arise from the research. First, legal writers attempting to evaluate the effectiveness of the whole or part of an environmental legal system should use and acknowledge the PSR method. Second, SoE reports should include a stand-alone chapter evaluating the effectiveness of the response. Third, the environmental legal system protecting the GBR should take strong and comprehensive measures to reduce greenhouse gas emissions if the objective of sustainable development is to be achieved. Such measures should include setting policy targets for stabilizing atmospheric greenhouse gas and aerosol concentrations around 350 ppm CO2-eq to limit increases in mean global temperature to 1°C. Policy targets of stabilizing atmospheric greenhouse gases and aerosols at 450-550 ppm CO2-eq to limit increases in mean global temperatures to 2-3°C are likely to be too high to avoid severe impacts of coral bleaching to the GBR.
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Ferguson, Mary C. "Sediment Removal from the San Gabriel Mountains." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/pitzer_theses/16.
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The issue of sediment removal from the San Gabriel Mountains has been a complex issue that has created problems with beach replenishment, habitat destruction and the need to spend millions of dollars at regular intervals to avoid safety hazards. Most recently 11 acres of riparian habitat, including 179 oaks and 70 sycamores, were removed for sediment placement. Other sites including Hahamongna Watershed Park and La Tuna Canyon also face a similar fate. This thesis questions: How did we get to this point of destroying habitat to dump sediment which is viewed as waste product? What are the barriers for creating long term solutions and progressive change? What are some other options? And how should we move forward? The issues with sediment management have stemmed from regulatory compliance issues, adversarial relationships within agencies and among NGO's and the public, and the lack of a comprehensive long-term plan to prevent further habitat loss and other sediment removal issues. A recommendation includes looking at a community forestry model to include a wide cross-section of the community, NGO's and government agencies to come up with a long term comprehensive and progressive solution.
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Mugadza, Alois Aldridge. "The legal protection of forests in international environmental law, shortcomings and comparative analysis." Doctoral thesis, Universitat de Girona, 2021. http://hdl.handle.net/10803/672289.
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The thesis will investigate how the existing international environmental law relates to forest protection and what are the issues that have hampered the making of an important instrument for forest protection since forests’ functions are vital and important. Since there is no international binding instrument for forest protection, have countries done enough to protect forests. What forest protection efforts have been put in place in Spain, South Africa and Australia? Are these efforts sufficient and adequate to ignore the need of a forest instrument? What are some of the lessons from these countries and their legal regimes?La tesis investigará cómo el derecho ambiental internacional existente se relaciona con la protección de los bosques y cuáles son las cuestiones que han obstaculizado la creación de un instrumento importante para la protección de los bosques, ya que las funciones de los bosques son vitales e importantes. Dado que no existe un instrumento internacional vinculante para la protección de los bosques, ¿los países han hecho lo suficiente para proteger los bosques? ¿Qué iniciativas de protección forestal se han llevado a cabo en España, Sudáfrica y Australia? ¿Son estos esfuerzos suficientes y adecuados para ignorar la necesidad de un instrumento forestal? ¿Cuáles son algunas de las lecciones de estos países y sus regímenes legales?
Programa de Doctorat Interuniversitari en Dret, Economia i Empresa
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Ruru, Tania Suzanne, and n/a. "The Resource Management Act 1991 and Nga Iwi Maori." University of Otago. Faculty of Law, 1997. http://adt.otago.ac.nz./public/adt-NZDU20070530.141814.
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This thesis describes the sections in the Resource Management Act 1991 of particular relevance for nga Iwi Maori and assesses how well these facilitate involvement for Maori in the management of New Zealand�s resources. The method of assessment used is one of comparison between the schemes and philosophies of 1991 Act, and the active involvement of Maori in decision-making for their resources which is requires by Article ii of the Treaty of Waitangi (Te Tiriti o Waitangi).
Part i describes the Maori world view of the environment and outlines the Treaty of Waitangi and its relevance to resource management law.
Part ii describes the purpose and principles contained in sections 5, 6(e), 7(a), and 8 of the 1991 Act. Chapter Three provides an overview of the relationship between the purpose and principles. Chapter Four discusses the purpose in section 5 and proclaims that the inclusion of sustainability as a purpose in resource management legislation is advantageous in terms of the indirect furtherance of Maori conservation aspirations for the enviroment. It also describes how the cultural wellbeing of Maori has been interpreted to be an express part of the purpose of the Act. Chapter Five provides an analysis of section 6(e) which makes the relationship of Maori and their culture and traditions with their taonga a matter of national importance under the Act. Chapter Six describes section 7(a) and kaitiakitanga which must be given particular regard under the Act. Chapter Seven discusses section 8 and the content and meaning of the principles of the Treaty of Waitangi. Part ii concludes that while the facilitation of Maori involvement in the management and protection of natural and physical resources is improved under this Act, these sections are an insufficient safeguard for Maori interests.
Part iii assesses the other sections in the Act which have a bearing on Maori involvement in resource management processes. Chapter Eight explores the planning system. Chapter Nine describes the resource consent processes in the 1991 Act. Chapter Ten comments on various procedural provisions which introduce tikanga Maori into the Act, and Chapter Eleven is devoted to exploring the sections in the Act which in the writer�s opinion provide the most potential for recognition of rangatiratanga in a limited form. This Part proclaims that the emphasis in the Act is very much on consultation with nga Iwi Maori as an effective means for their involement in resource management. It is submitted that this is not the active participation in decision-making that Maori seek and which is guaranteed under Article ii of the Treaty of Waitangi.
Chapter Twelve acknowledges that involvement of nga Iwi Maori in processes under the 1991 Act will rely to some extent on the content of policy statements and plans produced by the local authorities. An analysis of the Proposed Otago Regional Policy Statement is undertaken to explore how the concerns of Kai Tahu have been incorporated into the statement.
Chapter Thirteen ends by concluding that while the 1991 Act does provide for increased Maori involvement in resource management processes in New Zealand it does not facilitate the decision-making role guaranteed by Article ii of the Treaty of Waitangi.
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Mao, Jessica J. "California's War Over the Bay-Delta: Historic Failures and Current Battles." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/482.
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California has one highly-coveted possession: the Bay-Delta, which is the second largest estuary in the United States. Today, tensions are higher than ever as Southern California continues to grow and demand water from the Delta, agriculture suffers from drought and less-than-promised water allocations, and aquatic life diminishes due to environmentally damaging processes like pumping and exporting of water elsewhere. This paper will examine the historic policies that have shaped how the Delta has been managed, their successes and failures, and current plans in discussion for continuing improvement of the Delta. The Bay-Delta Conservation Plan and the Sacramento-San Joaquin Valley Water Reliability Act (HR 1837) are the specific current plans presented and analyzed for potential effectiveness. Despite some of the promising suggestions in HR 1837 and the Bay-Delta Conservation Plan, the Delta will remain a problem in the 21st century until stakeholders from all perspectives compromise enough to enact a single, clear-cut solution.
Books on the topic "180111 Environmental and Natural Resources Law"
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Eric, Pearson. Environmental and natural resources law. Newark, NJ: LexisNexis, 2002.
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Eric, Pearson. Environmental and natural resources law. 4th ed. New Providence, NJ: LexisNexis, 2012.
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Environmental and natural resources law. 2nd ed. Newark, NJ: LexisNexis, 2005.
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Environmental and natural resources law. 3rd ed. Newark, NJ: LexisNexis Matthew Bender, 2008.
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Comparative environmental and natural resources law. Durham, North Carolina: Carolina Academic Press, 2013.
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Natural resources conservation law. New Delhi: Sage Publications, 2010.
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D, Henslee William, Munneke Gary A, and Orenstein Theodore P, eds. Careers in natural resources and environmental law. Chicago, Ill: American Bar Association, 1987.
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Pakistan. Environmental law in Pakistan: Governing natural resources ... [Karachi]: IUCN-The World Conservation Union, 2005.
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Environmental and natural resources law document supplement. [Place of publication not identified]: Carolina Academic, 2008.
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James, Salzman, and Squillace Mark, eds. Natural resources law and policy. 2nd ed. New York: Foundation Press, 2009.
Find full textBook chapters on the topic "180111 Environmental and Natural Resources Law"
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Hamacher, Horst W., and Kurt Jörnsten. "Optimal Relinquishment According to the Norwegian Petroleum Law: A Combinatorial Optimization Approach." In Energy, Natural Resources and Environmental Economics, 443–57. Berlin, Heidelberg: Springer Berlin Heidelberg, 2010. http://dx.doi.org/10.1007/978-3-642-12067-1_25.
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Nichols, Sandra S., and Mishkat Al Moumin. "The role of environmental law in post-conflict peacebuilding." In Governance, Natural Resources, and Post-Conflict Peacebuilding, 429–60. Abingdon, Oxon ; New York, NY: Earthscan, 2015. | Series: Post-conflict peacebuilding and natural resource management: Routledge, 2016. http://dx.doi.org/10.4324/9780203109793-20.
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Poorhashemi, Abbas. "Opportunities and Challenges Facing the Future Development of International Environmental Law." In Climate Change, Natural Resources and Sustainable Environmental Management, 41–47. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-04375-8_5.
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Machena, Cecil. "Setting up Institutions to Manage Transboundary Natural Resources: Lake Kariba a Case in Point." In International Environmental Law and Policy in Africa, 203–15. Dordrecht: Springer Netherlands, 2003. http://dx.doi.org/10.1007/978-94-017-0135-8_10.
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Qin, Julia Ya. "Reforming WTO Discipline on Export Duties: Sovereignty Over Natural Resources, Economic Development and Environmental Protection." In Economics, Law, and Institutions in Asia Pacific, 139–82. Tokyo: Springer Japan, 2016. http://dx.doi.org/10.1007/978-4-431-56426-3_7.
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"International environmental law: sovereignty versus the environment?" In Sovereignty over Natural Resources, 231–52. Cambridge University Press, 1997. http://dx.doi.org/10.1017/cbo9780511560118.012.
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Redgwell, Catherine. "Chapter VI.8: Sustainable use of natural resources." In Elgar Encyclopedia of Environmental Law, 115–24. Edward Elgar Publishing, 2018. http://dx.doi.org/10.4337/9781785365669.vi.8.
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McIntyre, Owen. "Convergence in International Environmental and Natural Resources Law." In Envisioning Our Environmental Future. IOS Press, 2022. http://dx.doi.org/10.3233/stal220012.
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Despite the extraordinary proliferation of instruments of international environmental law since the 1972 UNCHE Conference in Stockholm, it appears that diverse forces are acting to maintain the internal coherence of this sub-field of international law, as well as its position firmly within the international law system. A range of institutions and processes ensure the continuing unitary nature of international environmental law within a unitary system of international law, notably including the universalist instincts of the International Court of Justice, the codification routinely undertaken by the International Law Commission, and the universal, pervasive and indivisible character of increasingly relevant human rights norms. These processes of “convergence” act to unify and enrich the fabric of the increasingly elaborate and sophisticated complex of rules, principles and institutional structures comprising international environmental law, while suggesting its growing developmental maturity after 50 years of frenetic evolution and supporting its continuing coherent elaboration.
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Pring, George (Rock), and Rick A. Feger. "Alternatives to Conventional Regulation in United States Environmental Law." In Regulating Energy and Natural Resources, 335–54. Oxford University Press, 2006. http://dx.doi.org/10.1093/acprof:oso/9780199299874.003.0017.
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Gestri, Marco. "Chapter VI.5: Sovereignty of States over their natural resources." In Elgar Encyclopedia of Environmental Law, 79–91. Edward Elgar Publishing, 2018. http://dx.doi.org/10.4337/9781785365669.vi.5.
Full textConference papers on the topic "180111 Environmental and Natural Resources Law"
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Niyobuhungiro, Joel. "State Right over Natural Resources and Environmental Law: Striking the Balance for Sustainable Development." In International Law Conference 2018. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0010050001870190.
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Nugroho, Sigit, Absori Absori, Harun Harun, and Rahmanta Setiahadi. "Customary Law Harmonization Norma Interaction and Legal State in the Management of Natural Resources Conservation." In Proceedings of 1st Workshop on Environmental Science, Society, and Technology, WESTECH 2018, December 8th, 2018, Medan, Indonesia. EAI, 2019. http://dx.doi.org/10.4108/eai.8-12-2018.2283961.
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Matsuda, Osamu, and Osamu Matsuda. "RECENT SHIFT OF MANAGEMNT POLICIES OF THE SETO INLAND SEA, JAPAN WITH SPECIAL REFERENCE TO PROMOTION OF SATOUMI ACTIVITIES." In Managing risks to coastal regions and communities in a changing world. Academus Publishing, 2017. http://dx.doi.org/10.31519/conferencearticle_5b1b941aba6554.27198480.
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“The special law” on the environmental conservation of the Seto Inland Sea, Japan and governmental basic plan for the environmental conservation of the sea based on the law were both revised recently in 2015. Two major aims of the previous basic plan (1. conservation of water quality, 2. conservation of natural landscape) were reformed to broaden four new major aims (1. conservation and restoration of coastal environment, 2. conservation and appropriate management of water quality, 3. conservation of natural and cultural landscapes, 4. sustainable utilization of fish resources) in the revised basic plan. Historically, environmental management policy of the Seto Inland Sea had firstly made emphasis on water pollution control such as total pollution load control (TPLC). However, this kind of passive conservation policy is gradually being sifted recently to active conservation such as Satoumi which includes restoration of biodiversity, biological productivity, habitat and well balanced nutrient cycle between land and sea. Holistic approaches such as integrated coastal management (ICM), ecosystem-based management (EBM) and adaptive management were incorporated into new policy in Japan. These clear changes of management policies of the Seto Inland Sea will make change more detailed policy of every related prefecture and hence will promote Satoumi activities in near future.
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Matsuda, Osamu, and Osamu Matsuda. "RECENT SHIFT OF MANAGEMNT POLICIES OF THE SETO INLAND SEA, JAPAN WITH SPECIAL REFERENCE TO PROMOTION OF SATOUMI ACTIVITIES." In Managing risks to coastal regions and communities in a changing world. Academus Publishing, 2017. http://dx.doi.org/10.21610/conferencearticle_58b43152f103a.
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“The special law” on the environmental conservation of the Seto Inland Sea, Japan and governmental basic plan for the environmental conservation of the sea based on the law were both revised recently in 2015. Two major aims of the previous basic plan (1. conservation of water quality, 2. conservation of natural landscape) were reformed to broaden four new major aims (1. conservation and restoration of coastal environment, 2. conservation and appropriate management of water quality, 3. conservation of natural and cultural landscapes, 4. sustainable utilization of fish resources) in the revised basic plan. Historically, environmental management policy of the Seto Inland Sea had firstly made emphasis on water pollution control such as total pollution load control (TPLC). However, this kind of passive conservation policy is gradually being sifted recently to active conservation such as Satoumi which includes restoration of biodiversity, biological productivity, habitat and well balanced nutrient cycle between land and sea. Holistic approaches such as integrated coastal management (ICM), ecosystem-based management (EBM) and adaptive management were incorporated into new policy in Japan. These clear changes of management policies of the Seto Inland Sea will make change more detailed policy of every related prefecture and hence will promote Satoumi activities in near future.
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Iba, Kenichiro, Kenichiro Iba, Takuya Ishikawa, Takuya Ishikawa, Keizo Negi, and Keizo Negi. "NEW DIRECTION FOR ENVIRONMENTAL WATER MANAGEMENT IN THE SETO INLAND SEA." In Managing risks to coastal regions and communities in a changing world. Academus Publishing, 2017. http://dx.doi.org/10.31519/conferencearticle_5b1b941221ab90.64815034.
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The Seto Inland Sea, the largest enclosed sea in Japan, has unrivalled beauty of archipelago and abundant nature under temperate climate with light rain falls, and the people has been benefitted from the sea ever since the early times. We however experienced sever water pollution problems caused by rapid industrialization and the loss of seaweed bed and tidal flat due to reclamation projects particularly in the period of the high economic growth in 1960s. To resolve these issues, we have carried out water quality improvement programs including reduction of pollutant load based upon the Water Pollution Control Law and the Law concerning Special Measures for Conservation of the Environment of the Seto Inland Sea. As a result, water quality has improved as compared with Tokyo Bay and other enclosed seas.
However, there are still severe problems including the occurrence of red tide and oxygen deficient water mass in some areas in the Seto Inland Sea. Securing the bio-diversity, bio-productivity and smooth nutrient circulation are also important. Under these situations, the Law and the Basic Plan for Conservation of the Environment of the Seto Inland Sea were revised in 2015. With these law and plan, it has been made clear that our principal objective is to make the Seto Inland Sea a “Bountiful Sea” through conservation of water quality with bio-diversity and bio-productivity. Also the importance to implement environmental measures corresponding local differences in the respective region and seasonality were indicated.
In order to actualize “the Beautiful and Bountiful Seto Inland Sea”, we need to implement environmental water management as follows.
1. Environmental conservation, restoration and creation of coastal areas.
2. Conservation and management of water quality.
3. Conservation of natural and cultural landscapes.
4. Sustainable utilization of fishery resources.
Ministry of the Environment, Japan will continue to conduct corresponding programs based on scientific survey and evaluation on conservation/restoration of seaweed bed, tidal flat, smooth circulation of nutrients.
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Iba, Kenichiro, Kenichiro Iba, Takuya Ishikawa, Takuya Ishikawa, Keizo Negi, and Keizo Negi. "NEW DIRECTION FOR ENVIRONMENTAL WATER MANAGEMENT IN THE SETO INLAND SEA." In Managing risks to coastal regions and communities in a changing world. Academus Publishing, 2017. http://dx.doi.org/10.21610/conferencearticle_58b4316136b08.
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The Seto Inland Sea, the largest enclosed sea in Japan, has unrivalled beauty of archipelago and abundant nature under temperate climate with light rain falls, and the people has been benefitted from the sea ever since the early times. We however experienced sever water pollution problems caused by rapid industrialization and the loss of seaweed bed and tidal flat due to reclamation projects particularly in the period of the high economic growth in 1960s. To resolve these issues, we have carried out water quality improvement programs including reduction of pollutant load based upon the Water Pollution Control Law and the Law concerning Special Measures for Conservation of the Environment of the Seto Inland Sea. As a result, water quality has improved as compared with Tokyo Bay and other enclosed seas.
However, there are still severe problems including the occurrence of red tide and oxygen deficient water mass in some areas in the Seto Inland Sea. Securing the bio-diversity, bio-productivity and smooth nutrient circulation are also important. Under these situations, the Law and the Basic Plan for Conservation of the Environment of the Seto Inland Sea were revised in 2015. With these law and plan, it has been made clear that our principal objective is to make the Seto Inland Sea a “Bountiful Sea” through conservation of water quality with bio-diversity and bio-productivity. Also the importance to implement environmental measures corresponding local differences in the respective region and seasonality were indicated.
In order to actualize “the Beautiful and Bountiful Seto Inland Sea”, we need to implement environmental water management as follows.
1. Environmental conservation, restoration and creation of coastal areas.
2. Conservation and management of water quality.
3. Conservation of natural and cultural landscapes.
4. Sustainable utilization of fishery resources.
Ministry of the Environment, Japan will continue to conduct corresponding programs based on scientific survey and evaluation on conservation/restoration of seaweed bed, tidal flat, smooth circulation of nutrients.
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Marangoz, Mehmet, Asım Günal Önce, and Ali Emre Aydın. "The Importance of E-Waste Management In Terms of Environmental Economics and Sustainability." In International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01237.
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Today, environmental economics examining the economic contribution of protecting the environment and natural resources and preventing the environmental pollution has become an important issue like energy. In this context the relationship between economy and environment is analyzed. In this relationship process of economy management change the environment and environmental qualifications take part in success of economy. Sustainable development, as an another important concept, explains realization of the efforts for economic growth and enhancing the welfare level in the meantime protecting the environment and people’s quality of life. Sustainable development has great importance for managing environmental, economic and social resources accurately.
E-waste (electronic waste) management comes to the forefront in the context of environmental economics and sustainable development. Along with technological advancements and changing consumption habits e-waste management and e-waste recycling become crucial. While there are several related studies focus on waste management and recycling and their relationship between environmental economics and sustainable development few study deal with e-waste management. This study aims to fill this gap and make a contribution with emphasizing the importance of e-waste management for environmental economics and sustainable development.
In this study e-waste practices in the World are evaluated, recycle ratios and their economic impact are examined, e-waste management’s importance as a financial trigger is emphasized, not only short term but also long term effects of e-waste management are elaborated from the point of sustainability and suggestions are discussed for improving the recycling processes for practitioners and law-makers.
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KOKOSZKA, Katarzyna, and Małgorzata PINK. "BIOECONOMY – OPPORTUNITIES AND THREATS IN MALOPOLSKA VOIVODSHIP (POLAND)." In RURAL DEVELOPMENT. Aleksandras Stulginskis University, 2018. http://dx.doi.org/10.15544/rd.2017.252.
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The main objective of the article is to indicate the main challenges and development opportunities related to the bioeconomy, shown in the regional layout on the example of the Małopolska voivodeship. The theoretical part of a paper is basing on a review of the literature regarding a concept of bioeconomy. It finds is conclusions in a model of 'bio-economy triad of challenges', that the conventional economy is facing. The issues of bioeconomy in this paper are presented in a context of: processes taking place between enterprises, consumers and the state, challenges for qualitative and quantitative economic development. Referring to the above-mentioned model, it was stated that the bioeconomy should be the main direction of development as part of the smart specialization strategy for Małopolska. This will allow, among others development of functional value chains, increasing the added value of production and the possibility of sustainable management of natural resources. Attention was also paid to conditions of development that may constitute significant barriers in shaping the bio-profile of the economy on a regional basis: environmental, in the sense of sustainable access to natural resources; social, understood as the quality of social capital and access to a qualified workforce; institutional, being the state's responsibility and related to the law, providing adequate infrastructure or adequate expenditures for R&D. It was noticed that Małopolska is characterized by a dual development model - on the one hand, we are dealing with sectors of modern technologies concentrated in the provincial city and some poviat cities. On the other hand, when we talk about the raw material sphere, one can talk about development destimulants, i.e. agrarian structure, the problem of fallowing land or the lack of a qualified workforce in rural areas.
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GOLOVKO, Liudmyla. "IMPLEMENTATION OF EU WATER POLICY IN UKRAINE: PROBLEMS AND PERSPECTIVES." In RURAL DEVELOPMENT. Aleksandras Stulginskis University, 2018. http://dx.doi.org/10.15544/rd.2017.103.
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The use, protection and management of water resources belong to the most urgent among global environmental problems of our time. Today, the civilization clearly realizes the need for careful management of water resources, maintaining and restoring its quality. Water quality determines the possibility of its use in various fields of human activity. For Ukraine problems of water sector are also acute and urgent. Low efficiency of water use, poor drinking water quality, nitrate contamination of water resources, poor condition of water bodies in Ukraine require more foreign experience in this sphere, especially the EU experience. The purpose of our scholarly work is to explore actual problems of harmonization of water legislation of Ukraine with the requirements of EU water policy and development of proposals for the improvement of Ukrainian legislation. Main features of harmonization of Ukrainian legislation in the water resources management sphere with EU law and prospects for implementation of principles of EU Water Framework Directive were analyzed. As a result of the study the ways of implementation of positive foreign experience of water objects management in Ukraine are considered. Considering the scale of ecological crisis in Ukraine the necessity of forming a new system of economic regulators of nature is obvious. Such system must not only accumulate funds for urgent actions, but primarily encourage economic entities to protect the natural environment. We consider it appropriate to introduce mandatory environmental insurance for operators of environmentally hazardous activities.
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Morton, John H., Steve T. Rowe, Rosemary C. Hargrave, Catherine F. Storey, and Stephanie L. White. "Understanding State Variability and Recommendations for Minimizing Schedule Risk in Pipeline Siting and Development." In 2014 10th International Pipeline Conference. American Society of Mechanical Engineers, 2014. http://dx.doi.org/10.1115/ipc2014-33504.
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States are facing multiple challenges around new pipeline infrastructure as a result of unconventional oil and gas development. In many instances, federal oversight of interstate pipelines has failed to keep up with state interest in new pipelines. However, some states lack an efficient centralized or streamlined siting and permitting process to accommodate new development. This paper examines the different approaches by various states and what oil and gas companies can do to minimize risk by balancing the competing public and private interests to obtain the necessary permits and approvals without delaying project construction. The paper includes discussion of both Federal Energy Regulatory Commission (FERC) regulated natural gas pipelines as well as crude oil and product lines not regulated by FERC. In addition, this paper provides a first-hand perspective on how public opposition can change the regulatory landscape during the course of a project using the Keystone XL Project as an example. After the Keystone XL Project ran into permitting issues, the Nebraska Legislature modified its law, directing the state to evaluate the environmental, economic, social and other impacts of the Nebraska segment of the project. Because the state did not have a specific NEPA process, Nebraska had to first establish a process to conduct the state’s evaluation and produce the functional equivalent of a NEPA document, resulting in project delays. This paper also describes how the evolving use of social media has provided a mechanism for rapid dissemination of information for both project opponents and proponents. There is a heightened national awareness that may now target certain projects based on impacts to select environmental resources such that just meeting the minimum regulatory requirements may not be enough moving forward. In today’s regulatory environment, strategic planning and communications are critical to raise awareness in advance of the potential opposition.