首页 > 最新文献

Natural Resources Law & Policy eJournal最新文献

英文 中文
Environmental Law Aspects of the Arbitral Tribunal Award in the South China Sea Dispute 南海争端仲裁庭裁决的环境法意义
Pub Date : 2016-12-05 DOI: 10.2139/SSRN.2880624
I. Plakokefalos
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).
在过去几年中,没有什么争端比南中国海争端引起的争议更大。菲律宾对中华人民共和国提起的诉讼中,根据《联合国海洋法公约》附件七组成的一个仲裁法庭作出了裁决,这为这一争端的传奇增添了新的内容。菲律宾于2013年初对中国提起诉讼,要求仲裁庭就仲裁庭自己定义的四类问题作出裁决。第一,它要求就海洋权利和权利作出决定;第二,就海洋区域权利作出决定;第三,就中华人民共和国在南中国海采取的一些行动作出决定;第四,就中华人民共和国通过包括填海造地和建造人工岛屿在内的一系列活动加剧争端作出决定。本章将不关注更公开的(也许更棘手的)问题,如中华人民共和国不在诉讼程序中露面,或管辖权问题。它将侧重于奖励的环境方面(由第三和第四类投诉涵盖)。该奖项包含了大量值得分析和背景化的环境保护问题。因此,本章的目的是双重的。一方面分析那些环境法方面的奖项等。另一方面,将该裁决的环境方面置于国际环境法的更广泛背景下(以及在南中国海环境问题的背景下)。
{"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}
引用次数: 1
The Benefits, Challenges, and Impediments of Greywater Use in EPA Region 5 美国环境保护署区域使用灰水的好处、挑战和障碍
Pub Date : 2016-10-27 DOI: 10.2139/SSRN.2860254
S. Alexander, Benjamin Y. Clark
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.
本工作文件考察了美国环保署第5区帮助和阻碍灰水(特别是农业用水)扩大使用的规则、法规和条例。
{"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}
引用次数: 1
Local Corporations: A Corporate Form to Reduce Information Costs and Maintain Supportive Resources 地方公司:一种降低信息成本和维持支持性资源的公司形式
Pub Date : 2016-08-26 DOI: 10.7312/PIST17278-017
James S. Krueger
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.
本文认为:(1)生态系统服务功能退化导致的资源绝对稀缺是基本资源面临的主要威胁之一;(2)在日益流动和全球化的市场中,高昂的信息成本往往会掩盖这种隐现的稀缺性,阻碍其转化为社会意义;(3)这种流动性可以受到“地方公司”的合理限制,这些公司作为经济和政府实体的结合体,拥有将人员和货物排除在其领土之外的有限权力。
{"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}
引用次数: 2
Paradise Lost: Sovereign State Interest, Global Resource Exploitation and the Politics of Human Rights 失乐园:主权国家利益、全球资源开发与人权政治
Pub Date : 2016-08-01 DOI: 10.1093/EJIL/CHW033
D. Augenstein
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.
本文以美国最高法院在Kiobel一案中限制《外国人侵权索赔法》域外适用范围的判决为线索,探讨主权如何在国际秩序中构建全球资源开发与人权本土化之间的关系。这一论点将国际人权法置于国家政治自决与全球经济开发自然资源之间的紧张关系中。在资源丰富的发展中国家开展的全球商业活动削弱了主权在政治自决方面的保护作用,而政治自决曾经是将人权限制在领土国家法律秩序之内的理由。与此同时,作为主权表达的管辖权限制了“跨国”公司在西方母国遭受域外人权侵犯的受害者诉诸司法的机会。我认为,这种不对称应该通过国际人权法的领土扩展来解决,这种法律解释了全球资源开采对人权的影响。这就需要根据各国的人权义务来评估针对企业侵犯人权的跨国侵权诉讼,以确保对其境外受害者进行有效的民事补救。此外,这表明受害者通过私人诉讼寻求正义不仅仅是为了满足经济损失,而且还代表了在西方国家的司法论坛中恢复其人权的公共和政治尝试。
{"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}
引用次数: 8
Canadian Arctic Offshore Oil and Natural Gas and European Union Energy Diversification: Towards a New Perspective? 加拿大北极近海油气与欧盟能源多元化:走向新视角?
Pub Date : 2016-06-29 DOI: 10.2139/SSRN.2801978
J. Davis, Kamrul Hossain, Timo Koivurova
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.
北冰洋政策的发展决定了事态的发展,反过来又决定了事态的发展。这一点在不断变化的北极环境中体现得最为明显。全球对未来石油和天然气供应安全来源的需求,反过来又在塑造着北极环境,并被这种需求所塑造。随着极地冰盖逐渐缩小,工业对北极的兴趣加快,加拿大人正面临着开发北极碳氢化合物资源的挑战。在加拿大,这些相互冲突的目标导致了创新的监管政策,一方面满足利益相关者的愿望,另一方面满足环境和经济方面的考虑。同样,欧盟(EU)也有与其北极利益相交叉的多个目标。
{"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}
引用次数: 4
A Park for Everyone: The National Park Service in Urban America 人人共享的公园:美国城市国家公园管理局
Pub Date : 2016-02-10 DOI: 10.2139/SSRN.2730678
S. Morath
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.
本文考察了国家公园管理局在美国城市的过去和未来。学者、自然资源保护主义者和公园管理人员一致认为,城市公园空间和规划必须成为国家公园管理局第二个世纪的重点。这篇文章解释了国家公园管理局第一个城市公园背后的动机,并描述了国家公园管理局最近对城市地区的重视。从芝加哥普尔曼公园(Pullman Park)这样的指定,到城市议程(Urban Agenda)这样的倡议,美国国家公园管理局(National Park Service)正准备吸引美国城市居民,培养新一代的公园游客。
{"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}
引用次数: 6
The Severability of Dual-Purpose Leases in the Appalachia 阿巴拉契亚地区双重用途租赁的可分割性
Pub Date : 2015-12-14 DOI: 10.2139/ssrn.2703565
Brian M. Lucot, Jeff M. Stacko
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.
自德雷克油井引发美国第一次石油繁荣以来,石油和天然气租赁经历了频繁的演变。证明这种演变的一个发展是双重用途石油和天然气租赁的创建。在德雷克井之后的几年里,许多租约只授予承租人生产石油和天然气的权利。这些租约只有在从租赁场所生产石油和天然气的情况下才会延长,并在根据合同条款规定的一段时间不生产后终止。20世纪30年代和40年代,由于阿巴拉契亚州含有石油和天然气的地质构造逐渐枯竭,有必要从州外用管道输送天然气,以储存冬季所需的天然气。由于当时管道基础设施不足,外国天然气必须储存在本国天然气枯竭的地质构造中。因此,承租人试图修改现有租约,并签订新的租约,不仅赋予他们生产石油和天然气的权利,还赋予他们储存和保护储存石油和天然气的权利。根据他们的明确条款,只要这些土地还在生产石油和天然气,或被用于储存或保护储存的石油和天然气,这些租约就会延长到最初的期限之后。这些允许生产、储存和保护储存的租赁被称为双重用途租赁。宾夕法尼亚州、俄亥俄州和西弗吉尼亚州的法院最近解决了出租人提出的挑战,出租人声称,如果租赁仅因储存而非生产而延长至第二期限,则双重用途租赁的生产条款将在第一期限后到期。出租人认为,双重用途租赁中的生产和储存条款是可分割的。宾夕法尼亚州和俄亥俄州的法院审查了一些双重用途租赁,并确定这些租赁条款通常是完整的,不可分割的;因此,承租人在这种租约下妥善储存和支付储存租金,保留租约下的所有权利,包括生产权利。西弗吉尼亚州联邦地方法院得出了相反的结论。本文考察了阿巴拉契亚地区的法院是如何就可分割性问题作出裁决的,以及法院在得出结论时所考虑的因素。
{"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}
引用次数: 0
The Regulation of Water Services in the EU Internal Market 欧盟内部市场对供水服务的监管
Pub Date : 2015-10-01 DOI: 10.2139/SSRN.2667498
Panos Delimatsis
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.
水是一种可耗尽的自然资源。现在必须对获得清洁、安全和负担得起的水进行管理,不仅要避免任何不必要的用水,而且要允许持续供应这一公共福利的重要因素。近年来,与水有关的活动具有重要的经济特征,该部门的竞争在几个欧盟成员国已成为现实。尽管水资源部门现在属于具有普遍(经济)利益的更广泛的服务类别,但欧盟内部关于水资源的讨论主要集中在该部门的环境方面。本文的重点是对水的获取和分配的监管,这是另一个具有重要公共产品特征的服务部门。在讨论了欧盟关于水务部门的监管框架以及欧盟内部现行的一般利益服务(SGI)监管与水务部门的相关性之后,本文探讨了欧盟自由流动、国家援助和政府采购规则在水务部门的应用。
{"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}
引用次数: 1
Colorado River Water in Southern California: Evolution of the Allocation Framework, 1922-2015 南加州科罗拉多河水:分配框架的演变,1922-2015
Pub Date : 2015-09-01 DOI: 10.2139/SSRN.2543629
J. Robison
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.
一个复杂而嵌套的法律框架,包括州际和州内的组成部分,管理着科罗拉多河的水在南加州的分配。这个框架已经发展了近一个世纪,本文记录了这一发展过程中的主要里程碑。故事以1922年《科罗拉多河契约》的形成为背景,以量化解决协议、索尔顿海恢复和临时短缺指南为背景。在结论中出现了对进化过程的迭代性和临时性的反思,以及由此导致的南加州水安全的相对程度。
{"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}
引用次数: 0
Nitrogen Trading in Lake Taupo: An Analysis and Evaluation of an Innovative Water Management Policy 陶波湖氮交易:创新水管理政策的分析与评价
Pub Date : 2015-06-20 DOI: 10.2139/ssrn.2653472
M. Duhon, Hugh McDonald, Suzi Kerr
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.
本文提供了陶波湖氮上限和交易计划的概述和早期评估,该计划是怀卡托地区委员会2011年区域计划变化五的一部分。该政策通过分配农民个人氮排放配额,并允许这些农民灵活地在他们自己之间交易配额,并将配额出售给公共基金,从而建立了一个流域范围内的氮损失上限。Taupo交易计划是世界上第一个农业非点源水质上限和交易计划。本文阐述了氮交易市场的结构和演变,并分析了其迄今为止的影响。从书面材料和描述性定量数据中得出的研究为分析政策提供了基础,而与相关利益相关者的访谈则提供了对政策制定和实施过程中出现的成功、令人惊讶和有争议的问题的见解。
{"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}
引用次数: 47
期刊
Natural Resources Law & Policy eJournal
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1