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Trade Interference or Good Environmental Stewardship: The Case of Gibson Guitar and the Lacey Act 贸易干预或良好的环境管理:吉布森吉他和莱西法案的案例
Pub Date : 2015-06-05 DOI: 10.18034/AJTP.V2I1.554
Charles A. Rarick
The Gibson Guitar Corporation based in Tennessee was raided by federal agents twice for importing prohibited wood products. The raids, especially the second, attracted much public attention and had even led for calls from some members of Congress for a change. The case examines the Lacey Act, the allegations of wrong doing, and the question of trade and domestic job creation at the expense of environmental stewardship.
总部设在田纳西州的吉布森吉他公司曾两次因进口违禁木制品而遭到联邦特工的突击搜查。这次突袭,尤其是第二次突袭,引起了公众的广泛关注,甚至导致一些国会议员呼吁进行改革。该案例考察了《莱西法案》(Lacey Act),对不法行为的指控,以及以牺牲环境管理为代价的贸易和国内就业创造问题。
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引用次数: 0
Transcending the Regional Trappings of Natural Rubber Cultivation and Challenges of Evolving a National Rubber Policy in India 超越天然橡胶种植的地域局限与印度国家橡胶政策发展的挑战
Pub Date : 2015-05-01 DOI: 10.2139/ssrn.2620593
T. Kadavil
This paper provides a conceptual framework for the national rubber policy in India based on the inherited characteristics of the rubber sector and issues surfaced during the past two decades of trade policy reforms. Historically, the inherited interdependence observed between a vibrant NR production segment and a highly developed rubber products manufacturing industry had been unique and nurtured for achieving the twin national objectives of self-sufficiency and import substitution. In practice, the efficacy of the policy interventions had been prefixed by a very high degree of domestic market orientation and protection to both segments from external competition. However, growing exposure to external competition through the multilateral and RTA routes during the past two decades left serious strains on the harmonious relationships prevailed in the rubber sector. The strains of market integration are increasingly witnessed in the domestic market than in the export markets. A major casualty of these changes has been the interventionist policy approaches which guided the growth dynamics of the sector during 1947-91. Therefore, a comprehensive national rubber policy is expected not only to recognize the strategic importance of sustaining a self-reliant rubber sector but also to identify the inherent strengths and accumulated weaknesses of the embedded structure to capture synergies in the era of market integration.
本文根据橡胶行业的继承特点和过去二十年贸易政策改革中出现的问题,为印度的国家橡胶政策提供了一个概念性框架。从历史上看,在充满活力的天然橡胶生产部门和高度发达的橡胶制品制造业之间观察到的继承的相互依存关系是独特的,有利于实现自给自足和进口替代的双重国家目标。实际上,政策干预的效力是以高度的国内市场导向和保护这两个部门免受外部竞争为前提的。然而,在过去二十年中,通过多边和区域贸易协定途径日益受到外部竞争的影响,给橡胶部门普遍存在的和谐关系造成了严重的压力。市场一体化的压力越来越多地出现在国内市场,而不是出口市场。这些变化的一个主要受害者是1947- 1991年期间指导该部门增长动态的干预主义政策办法。因此,一项全面的国家橡胶政策不仅要认识到维持一个自力更生的橡胶部门的战略重要性,而且要确定内在结构的内在优势和积累的弱点,以便在市场一体化时代获得协同效应。
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引用次数: 2
Enhancing Conservation Options: An Argument for Statutory Recognition of Options to Purchase Conservation Easements (OPCEs). 加强保育选择:法定认可购买保育地役权选择的论证。
Pub Date : 2015-04-23 DOI: 10.2139/SSRN.2598298
Federico Cheever, Jessica Owley
The most dynamic component of the conservation movement in the United States for the past three decades has been land conservation transactions. In the United States, land conservation organizations have protected roughly 40 million acres of land through transactions. Most of these acres have been protected using conservation easements. Climate change threatens the vast conservation edifice created by land conservation transactions. The tools of land conservation transactions are, traditionally, stationary. Climate change means that the resources that land conservation transactions were intended to protect may no longer remain on the land protected. Options to purchase conservation easements (OPCEs) have long played a modest but important role in conservation law practice. In the world climate change is creating, with its substantial uncertainties and shifting windows of opportunity, OPCEs can serve more complicated and strategic purposes. The ability of OPCEs to serve important roles in protecting land in the context of uncertainty would be significantly increased if state legislatures amend current conservation easement statutes to (1) specifically recognize OPCEs, (2) immunize OPCEs from a range of potential common law challenges, (3) guarantee the durability and transferability of OPCEs, and (4) integrate OPCEs into the burgeoning body of conservation easement law. These statutory amendments would do for OPCEs what conservation easement statutes have done for conservation easements: transform them into an essential multi-purpose tool for conservation in a changing world.
在过去的三十年里,美国保护运动中最具活力的组成部分是土地保护交易。在美国,土地保护组织通过交易保护了大约4000万英亩的土地。这些土地中的大部分都受到保护地役权的保护。气候变化威胁着土地保护交易所创造的巨大保护大厦。传统上,土地保护交易的工具是固定的。气候变化意味着土地保护交易旨在保护的资源可能不再留在受保护的土地上。长期以来,购买保护地役权(opce)的选择在保护法律实践中发挥了适度但重要的作用。在世界范围内,气候变化带来了大量的不确定性和不断变化的机会窗口,opce可以服务于更复杂的战略目的。如果州立法机构修改现行的保护地役法,使其(1)明确承认opce,(2)使opce免受一系列潜在的普通法挑战,(3)保证opce的持久性和可转移性,以及(4)将opce纳入新兴的保护地役法体系,那么opce在不确定性背景下保护土地方面发挥重要作用的能力将大大增强。这些法律修正案将对opce起到保护地役权法规对保护地役权的作用:将它们转变为在不断变化的世界中进行保护的重要多用途工具。
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引用次数: 4
Litigating Shut-In for Lack of a Market: A Comment on Stewart Estate v. Taqa North Ltd 因缺乏市场而闭户的诉讼:斯图尔特地产诉塔卡北方有限公司案评析
Pub Date : 2014-09-22 DOI: 10.29173/alr295
W. Renke
Comment on Stewart Estate v. TAQA North Ltd, 2013 ABQB 691 - freehold oil & gas lease preserved through shut-in royalty clause, based on lack of market for natural gas.Typically an Alberta freehold petroleum and natural gas lease continues for a defined period (the primary term) and so long thereafter as leased substances are produced from the leased lands or the lessee satisfies specified lease conditions. In exchange for the lessee’s rights to explore for and produce leased substances, the lessor receives a royalty. This arrangement works satisfactorily (in the main) when leased substances are produced. Circumstances, though, may disincline the lessee to produce and incline the lessee to shut-in a well, particularly when the well is productive of natural gas. For example (especially if the well is in a new or little developed location), pipelines may have to be constructed, there may be no nearby pipeline system to connect to, or there may be no readily available processing plants; purchase contracts must be secured. Unlike oil, natural gas cannot simply be trucked to another location for disposition. The most convenient means for storing the natural gas pending changed circumstances is to leave it in the ground. To preserve both a lease and its finances, a lessee may seek to rely on lease provisions permitting a well to be shut-in and for the lease to be continued on the payment of shut-in royalties. A lessee would favour an expansive approach to shut-in provisions. In contrast, a lessor would understandably prefer to receive royalties on actual production (which presumably would be greater than shut-in royalties) or to have the lease terminate so that a lessee with a more aggressive or economical approach to production could be found. A lessor would favour a restrictive approach to shut-in provisions.
对Stewart Estate诉TAQA North Ltd, 2013年ABQB 691案的评论——基于天然气缺乏市场,通过关停特许权条款保留的永久保有油气租约。通常,艾伯塔省的永久保有石油和天然气租赁将持续一段规定的时间(主要期限),此后只要从租赁土地上生产出租赁物质或承租人满足特定的租赁条件。作为承租人勘探和生产租赁物质的权利的交换,出租人获得特许权使用费。当生产租赁物质时,这种安排(主要)令人满意。然而,在某些情况下,承租方可能不愿意进行生产,并倾向于关井,特别是当该井生产天然气时。例如(特别是如果油井位于一个新的或欠发达的地区),可能需要建造管道,附近可能没有管道系统可以连接,或者可能没有现成的加工厂;采购合同必须有保障。与石油不同,天然气不能简单地用卡车运到另一个地方进行处理。在环境发生变化之前,储存天然气最方便的方法是将其留在地下。为了维持租约和资金,承租人可能会寻求依赖租约条款,允许关井,并在支付关井特许权使用费的情况下继续租赁。承租人将倾向于采用一种扩张性的方式来处理关闭条款。相比之下,可以理解的是,出租人更愿意获得实际生产的特许权使用费(这可能比关闭特许权使用费要高),或者终止租赁,以便找到一个更积极或更经济的生产方式的承租人。出租人将倾向于对关闭条款采取限制性措施。
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引用次数: 0
Justice by Any Other Name? The Grievance Mechanisms of Multilateral Development Banks 正义还有别的名字吗?多边开发银行的申诉机制
Pub Date : 2014-03-20 DOI: 10.2139/SSRN.2433921
V. Richard
This paper addresses public participation from the angle of access to justice, when the activities of multilateral development banks affect water resources.
当多边开发银行的活动影响到水资源时,本文从诉诸司法的角度讨论公众参与。
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引用次数: 0
C(r)ap and Trade: The Brave New World of Non-Point Source Nutrient Trading and Using Lessons from Greenhouse Gas Markets to Make It Work C(r)ap与贸易:非点源营养物交易的美丽新世界和利用温室气体市场的经验使其发挥作用
Pub Date : 2014-02-24 DOI: 10.2139/SSRN.2269784
V. Flatt
After several decades of improvement, water quality in the United States is getting worse, and the problem is primarily caused by run-off from non-point sources, such as farms and urban development. These non-point sources have never had regulatory mandates in the Clean Water Act, and have proven very difficult to control. With little likelihood of comprehensive statutory changes, the EPA and the states that administer the Clean Water Act have looked to other regulatory means to address this problem. One of the most prominent has been the use of markets in pollution (particularly for nutrient pollution from run-off) to provide incentives for control. In short, the agencies and the regulated private sector have latched on to the possibility of highly regulated sources (such as industrial emitters) paying largely unregulated sources (such as agricultural lands) to reduce run-off into the nation’s water bodies. In theory, this is consistent with the regulatory push towards efficiency and using markets as rational arbiters of pollution control. While this theory has been used on many small scales over the last 15 years, recently the EPA and many states have announced a reliance on it at a very large scale in order to reverse water pollution decline, particularly in large water bodies with dead zones, like the Chesapeake Bay. While I believe these markets could work in theory at this scale, I do not believe the administrative agencies have addressed problems with doing so. Because of the similarity in problems concerning environmental integrity and efficiency between non-point agricultural runoff and biological offsets in a carbon trading system, I believe that much of the analysis of addressing these offsets from a series of legislative proposals could provide a regulatory template for dealing with non-point source agricultural pollution. This article proposes such a regulatory template based on these ideas.
经过几十年的改善,美国的水质越来越差,这个问题主要是由非点源的径流引起的,比如农场和城市发展。这些非点源在《清洁水法》中从未有过监管规定,而且事实证明很难控制。由于不太可能进行全面的法律改革,环保署和执行《清洁水法》的州已经开始寻求其他监管手段来解决这个问题。其中最突出的是利用污染市场(特别是径流造成的营养物污染)为控制提供激励。简而言之,这些机构和受监管的私营部门已经抓住了这样一种可能性:高度监管的排放源(如工业排放源)向基本上不受监管的排放源(如农业用地)支付费用,以减少流入国家水体的径流。从理论上讲,这与监管机构追求效率和利用市场作为污染控制的理性仲裁者是一致的。虽然这一理论在过去的15年里在许多小范围内得到了应用,但最近美国环保署和许多州宣布,为了扭转水污染的下降趋势,特别是在有死区的大型水体中,比如切萨皮克湾,他们将大规模地依赖这一理论。虽然我相信这些市场在理论上可以在这种规模下运作,但我不认为行政机构已经解决了这样做的问题。由于在碳交易系统中,非点源农业径流和生物补偿在环境完整性和效率方面的问题相似,我相信,从一系列立法提案中解决这些补偿的大部分分析可以为处理非点源农业污染提供监管模板。本文在此基础上提出了这样一个监管模板。
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引用次数: 4
Strategic Approaches of CO2 Emissions: The Case of the Cement Industry and Chemical Industry 二氧化碳排放的战略途径:以水泥工业和化工工业为例
Pub Date : 2014-02-21 DOI: 10.4018/978-1-5225-0440-5.CH025
Diane-Laure Arjaliès, Cécile Goubet, J. Ponssard
The ability of companies to turn an environmental constraint into a source of strategic opportunities is a controversial topic in published research. The article, which is based on a comparative study of the CO2 emission reduction strategies implemented by the cement and chemical industries, shows that companies’ freedom to adopt a proactive approach to sustainable development is severely constrained by the characteristic features of the sector, in terms of its dependence on natural resources, of flexibility in the composition of the business portfolio, and of the structure of the downstream sector.
在已发表的研究中,企业将环境约束转化为战略机会来源的能力是一个有争议的话题。本文通过对水泥和化工行业实施的二氧化碳减排战略进行比较研究,发现企业采取积极主动的可持续发展方式的自由受到行业特征的严重制约,包括对自然资源的依赖程度、业务组合构成的灵活性以及下游行业的结构。
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引用次数: 1
Subsidiarity in Principle: Decentralization of Water Resources Management 原则上的辅助:水资源管理的权力下放
Pub Date : 2014-01-30 DOI: 10.18352/ULR.267
R. Stoa
The subsidiarity principle of water resources management suggests that water management and service delivery should take place at the lowest appropriate governance level. The principle is attractive for several reasons, primarily because: 1) the governance level can be reduced to reflect environmental characteristics, such as the hydrological borders of a watershed that would otherwise cross administrative boundaries; 2) decentralization promotes community and stakeholder engagement when decision-making is localized; 3) inefficiencies are reduced by eliminating reliance on central government bureaucracies and budgetary constraints; and 4) laws and institutions can be adapted to reflect localized conditions at a scale where integrated natural resources management and climate change adaptation is more focused. Accordingly, the principle of subsidiarity has been welcomed by many states committed to decentralized governance, integrated water resources management, and/or civic participation. However, applications of decentralization have not been uniform, and in some cases have produced frustrating outcomes for states and water resources. Successful decentralization strategies are heavily dependent on dedicated financial resources and human resource capacity. This article explores the nexus between the principle of subsidiarity and the enabling environment, in the hope of articulating factors likely to contribute to, or detract from, the success of decentralized water resources management. Case studies from Haiti, Rwanda, and the United States’ Florida Water Management Districts provide examples of the varied stages of decentralization.
水资源管理的辅助性原则表明,水管理和提供服务应在最低的适当治理级别进行。这一原则之所以具有吸引力,主要是因为:1)可以降低治理水平,以反映环境特征,如分水岭的水文边界,否则将跨越行政边界;2)当决策地方化时,权力下放促进了社区和利益相关者的参与;3)通过消除对中央政府官僚机构的依赖和预算限制来减少效率低下;4)在自然资源综合管理和气候变化适应更加注重的范围内,可以调整法律和制度以反映当地的情况。因此,辅助性原则受到许多致力于分散治理、水资源综合管理和/或公民参与的国家的欢迎。然而,权力下放的应用并不统一,在某些情况下对各州和水资源产生了令人沮丧的结果。成功的权力下放战略在很大程度上取决于专门的财政资源和人力资源能力。本文探讨辅助性原则和有利环境之间的关系,希望阐明可能促进或妨碍分散的水资源管理成功的因素。海地、卢旺达和美国佛罗里达水管理区的案例研究提供了权力下放的不同阶段的例子。
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引用次数: 21
China's New National Rules on Wetland Protection 中国国家湿地保护新规
Pub Date : 2014-01-09 DOI: 10.2139/SSRN.2517481
Yanmei Lin, C. Yue
China's National People’s Congress and its Standing Committee have not yet passed a national wetland protection law, nor has the State Council passed national regulations on wetland protection. The lack of national law on this subject matter poses great challenges to “effectively regulate the behavior of and relationships between the various stakeholders (for example, different levels of governments, the industrial sector, and the public)”. Although 18 out of 34 provinces in China have issued local regulations for wetland protection as of November 2013, it will be difficult to enforce them due to the lack of national laws. In order to push for passage of a national law, the State Administration of Forestry adopted national rules on wetland protection titled the Management Rules on Wetland Protection on March 28, 2013. This country report seeks to provide an introduction to this new legal tool for wetland protection in China.
中国的全国人大及其常委会尚未通过全国性的湿地保护法,国务院也尚未通过全国性的湿地保护条例。缺乏关于这一主题的国家法律,对“有效规范各利益相关者(例如各级政府、工业部门和公众)的行为和关系”提出了巨大挑战。截至2013年11月,中国34个省份中有18个颁布了湿地保护地方性法规,但由于缺乏全国性法律,实施难度较大。为了推动国家法律的通过,国家林业局于2013年3月28日通过了国家湿地保护法规《湿地保护管理办法》。本国别报告旨在介绍中国这一新的湿地保护法律工具。
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引用次数: 2
Laurentian and African Great Lakes: Different Strategies in the Fight Against Invasive Species 劳伦森大湖和非洲大湖:对抗入侵物种的不同策略
Pub Date : 2013-12-31 DOI: 10.18060/20959
S. Mckenzie
Invasive exotic species are a reality in all ecosystems. These biological invaders disrupt ecological patterns and cause billions of dollars in economic damage. Justifiably, governments are stepping up their response. However, while many invaders are considered unmitigated ecological disasters, a number of species have become important and controversial parts of the regional economy. In the Laurentian Great Lakes, the invasive species issue has been addressed through a number of unilateral and multilateral attempts at the state, national, and international level. This “law of the lakes” has evolved towards the implementation of the Great Lakes Water Quality Agreement of 2012, which uses a framework-protocol basis to combat the problem through a preservation-focused ecosystem approach. The management of water and fisheries in the African Great Lakes has similar problems addressing invasive species. However, states in this region have responded to the threat differently, particularly as it pertains to economically viable invasive fish species. Various state-level legislation and policy shows that the invasive threat is acknowledged, but follows a conservation management approach, which hopes to maintain the essential economic opportunities that the invasive species provide for area residents. The experiences of the Laurentian Great Lakes in moving their invasive species management forward can be used as a template to update and focus the response in the African Great Lakes.
外来物种入侵在所有生态系统中都是一个现实。这些生物入侵者破坏了生态模式,造成了数十亿美元的经济损失。各国政府正在加紧应对,这是合理的。然而,虽然许多外来物种被认为是严重的生态灾难,但一些物种已成为区域经济的重要和有争议的部分。在劳伦森五大湖,入侵物种问题已经通过一些国家、国家和国际层面的单边和多边尝试得到解决。这一“湖泊法”已演变为2012年《五大湖水质协议》的实施,该协议利用框架协议基础,通过以保护生态系统为重点的方法来解决这一问题。非洲大湖的水和渔业管理在处理入侵物种方面也存在类似的问题。然而,该地区各国对这一威胁的反应各不相同,特别是在涉及经济上可行的入侵鱼类时。各州的立法和政策表明,入侵威胁得到了承认,但遵循了一种保护管理方法,希望保持入侵物种为当地居民提供的基本经济机会。劳伦森五大湖在推进入侵物种管理方面的经验可以作为一个模板,以更新和重点关注非洲五大湖的应对措施。
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引用次数: 1
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