This paper endeavors to determine what Palestinians' water rights are in the West Bank. After finding that the law governing the resource, in this case ground water accessed through springs, is inadequate to provide a right, I argue that a human right to water exists, is applicable in this context, and is violated. This paper seeks only to establish that the right exists. Enforcement of that right is another question that I aim to address in the Fall of 2012 with another paper.
{"title":"Water Rights in a Lawless Land: Palestinians' Right to Water in the West Bank","authors":"W. Lauber","doi":"10.2139/SSRN.2165598","DOIUrl":"https://doi.org/10.2139/SSRN.2165598","url":null,"abstract":"This paper endeavors to determine what Palestinians' water rights are in the West Bank. After finding that the law governing the resource, in this case ground water accessed through springs, is inadequate to provide a right, I argue that a human right to water exists, is applicable in this context, and is violated. This paper seeks only to establish that the right exists. Enforcement of that right is another question that I aim to address in the Fall of 2012 with another paper.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125233283","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}
Pub Date : 2012-03-28DOI: 10.1007/978-4-431-56426-3_7
J. Qin
{"title":"Reforming WTO Discipline on Export Duties: Sovereignty over Natural Resources, Economic Development and Environmental Protection","authors":"J. Qin","doi":"10.1007/978-4-431-56426-3_7","DOIUrl":"https://doi.org/10.1007/978-4-431-56426-3_7","url":null,"abstract":"","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121693204","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}
An oil and gas extraction technique called hydraulic fracturing (also called fracing, fracking, or hydrofracking) has swept the country and has raised the stakes of the energy policy debate. As operators drill thousands of new wells and inject water and chemicals down these wells in order to fracture underground shale and tight sandstone formations, concerned citizens’ groups and the media have pointed to flaming tap water and have worried about chemical contamination; at the same time, industry representatives and many state regulators have sworn that the practice has never contaminated groundwater. The outpouring of attention to injection — just one stage of a complex well development process — threatens to distract from the core issues of “tight” oil and gas development, and to leave the most pressing concerns unaddressed. Through a comparison of regulation and of alleged violations of environmental and oil and gas laws at hydraulically fractured well sites, this Article illuminates the factors that must inform policy and regulatory changes that guide modern oil and gas development. The examples of violations so far suggest that the most pressing risks may predominantly arise not from the injection of chemicals and water underground but from other stages of the well development process introduced by fracturing, and from the higher rate of well drilling spurred by fracturing. This does not suggest that fracturing itself poses no risks. Rather, we must recognize the new risks introduced by several non-injection stages essential to the fracturing process, as well as the drilling enabled by fracturing, and we must shift our attention to the most problematic stages. Chemicals may spill when transported to well sites, and more and new types of wastes must be stored and disposed of, for example. Furthermore, methane may contaminate underground water sources during the drilling process preceding fracturing. If policymakers and regulators allow drilling and fracturing to continue at their current frenzied pace, it is imperative that they change course to recognize and respond to these core risks. The analysis in this Article offers an initial path forward.
{"title":"Risk and Response in Fracturing Policy","authors":"H. Wiseman","doi":"10.2139/SSRN.2017104","DOIUrl":"https://doi.org/10.2139/SSRN.2017104","url":null,"abstract":"An oil and gas extraction technique called hydraulic fracturing (also called fracing, fracking, or hydrofracking) has swept the country and has raised the stakes of the energy policy debate. As operators drill thousands of new wells and inject water and chemicals down these wells in order to fracture underground shale and tight sandstone formations, concerned citizens’ groups and the media have pointed to flaming tap water and have worried about chemical contamination; at the same time, industry representatives and many state regulators have sworn that the practice has never contaminated groundwater. The outpouring of attention to injection — just one stage of a complex well development process — threatens to distract from the core issues of “tight” oil and gas development, and to leave the most pressing concerns unaddressed. Through a comparison of regulation and of alleged violations of environmental and oil and gas laws at hydraulically fractured well sites, this Article illuminates the factors that must inform policy and regulatory changes that guide modern oil and gas development. The examples of violations so far suggest that the most pressing risks may predominantly arise not from the injection of chemicals and water underground but from other stages of the well development process introduced by fracturing, and from the higher rate of well drilling spurred by fracturing. This does not suggest that fracturing itself poses no risks. Rather, we must recognize the new risks introduced by several non-injection stages essential to the fracturing process, as well as the drilling enabled by fracturing, and we must shift our attention to the most problematic stages. Chemicals may spill when transported to well sites, and more and new types of wastes must be stored and disposed of, for example. Furthermore, methane may contaminate underground water sources during the drilling process preceding fracturing. If policymakers and regulators allow drilling and fracturing to continue at their current frenzied pace, it is imperative that they change course to recognize and respond to these core risks. The analysis in this Article offers an initial path forward.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131615863","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}
The southern regions of Alberta, Manitoba and Saskatchewan suffer from periodic drought more than any other part of Canada. They depend heavily on rivers that rise in the Rocky Mountains and traverse all three provinces to their outlet on Hudson Bay. In 1969, after a prolonged period of disagreement between Alberta and Saskatchewan over conflicting priorities for the use of prairie rivers, the two provinces joined with the governments of Manitoba and Canada to enter into an arrangement known as the Apportionment Agreement. The Agreement was based on the broad principle that each upstream province would allow one-half of the natural flow of the rivers to pass to its downstream neighbors. But much has changed since 1969: A warming climate, a growing population and an expanding economy, particularly in Alberta, has focused increased attention on the water resources of the prairies and demands an examination of how the Agreement works today.
{"title":"Resolving Water-Use Conflicts: Insights from the Prairie Experience for the Mackenzie River Basin","authors":"D. Percy","doi":"10.2139/SSRN.2027634","DOIUrl":"https://doi.org/10.2139/SSRN.2027634","url":null,"abstract":"The southern regions of Alberta, Manitoba and Saskatchewan suffer from periodic drought more than any other part of Canada. They depend heavily on rivers that rise in the Rocky Mountains and traverse all three provinces to their outlet on Hudson Bay. In 1969, after a prolonged period of disagreement between Alberta and Saskatchewan over conflicting priorities for the use of prairie rivers, the two provinces joined with the governments of Manitoba and Canada to enter into an arrangement known as the Apportionment Agreement. The Agreement was based on the broad principle that each upstream province would allow one-half of the natural flow of the rivers to pass to its downstream neighbors. But much has changed since 1969: A warming climate, a growing population and an expanding economy, particularly in Alberta, has focused increased attention on the water resources of the prairies and demands an examination of how the Agreement works today.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121913056","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}
One of the key policies of many governments the world over is sustainable development in construction. This is due to the fact that the construction industry alone has a tremendous impact in the way the natural environment is affected by human activities whenever construction takes place, the surrounding environment will get affected. Due to this, the emphasis has been placed on sustainable development and both the need and responsibility of citizens and companies alike to do their utmost to reduce or minimize the impact human activities can have on the surrounding environment . The idea of sustainable development grew from numerous environmental movements in earlier decades and was defined in 1987 by the world Commission on Environment movements in earlier decades and was defined in 1987 by the World Commission on Environment and Development (BrundtlandCommsission1987) as: This contributed to the understanding that sustainable development encompasses a number of areas and highlights sustainability as the idea of environmental, economic and social progress and equity, all within the limits of the world’s natural resources . In short sustainability means meeting the needs of today without compromising the ability of future generations to meet their needs. Objective of the research are: 1. To critically analyze impact of construction projects 2. To study the doctrine of sustainable development in the light of judicial perspective 3. To frame construction environmental policy
{"title":"Sustainable Development & Construction Industry","authors":"Dr. Yuvraj Dilip Patil","doi":"10.2139/SSRN.2004957","DOIUrl":"https://doi.org/10.2139/SSRN.2004957","url":null,"abstract":"One of the key policies of many governments the world over is sustainable development in construction. This is due to the fact that the construction industry alone has a tremendous impact in the way the natural environment is affected by human activities whenever construction takes place, the surrounding environment will get affected. Due to this, the emphasis has been placed on sustainable development and both the need and responsibility of citizens and companies alike to do their utmost to reduce or minimize the impact human activities can have on the surrounding environment . The idea of sustainable development grew from numerous environmental movements in earlier decades and was defined in 1987 by the world Commission on Environment movements in earlier decades and was defined in 1987 by the World Commission on Environment and Development (BrundtlandCommsission1987) as: This contributed to the understanding that sustainable development encompasses a number of areas and highlights sustainability as the idea of environmental, economic and social progress and equity, all within the limits of the world’s natural resources . In short sustainability means meeting the needs of today without compromising the ability of future generations to meet their needs. Objective of the research are: 1. To critically analyze impact of construction projects 2. To study the doctrine of sustainable development in the light of judicial perspective 3. To frame construction environmental policy","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116721735","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}
Food engineering and biotechnological food products using DNA technologies and genetic modification are both a boon and a bane in developing and developed countries. The use of DNA technologies in biotechnological food development are not without controversies due to inherent environment risks and risks associated with genetic technologies. Its impact on the environment and human health remains controversial despite assurances form the scientific community that such DNA/genetic technologies are safe. Detractors have their argue otherwise utilizing similar scientific and social data and supports. This paper seeks to explore, analyse and assess the current legal treatment vis-avis genetic and biotechnological food developments in the local market place from an economical and legal impact assessment and evaluation. The findings in this paper seeks to achieve an accommodative balance between modern genetic and biotechnological thrusts in the light of overriding economic and environmental imperatives in the K-knowledge economy of the 21st century.
{"title":"Food Engineering and Biotechnological Products: An Analytical Assessment and Evaluation from a Competitive Legal Perspective","authors":"J. C. Phuoc","doi":"10.2139/ssrn.1307645","DOIUrl":"https://doi.org/10.2139/ssrn.1307645","url":null,"abstract":"Food engineering and biotechnological food products using DNA technologies and genetic modification are both a boon and a bane in developing and developed countries. The use of DNA technologies in biotechnological food development are not without controversies due to inherent environment risks and risks associated with genetic technologies. Its impact on the environment and human health remains controversial despite assurances form the scientific community that such DNA/genetic technologies are safe. Detractors have their argue otherwise utilizing similar scientific and social data and supports. This paper seeks to explore, analyse and assess the current legal treatment vis-avis genetic and biotechnological food developments in the local market place from an economical and legal impact assessment and evaluation. The findings in this paper seeks to achieve an accommodative balance between modern genetic and biotechnological thrusts in the light of overriding economic and environmental imperatives in the K-knowledge economy of the 21st century.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133327230","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}
Water quality credit trading is being used in a number of watersheds throughout the country in a variety of forms and with a menagerie of rules, which vary based upon the state jurisdiction. October marked the end of the second year of active nutrient credit trading in Pennsylvania and the Pennvest public auction platform. This article provides the latest information on the use of water quality credits in Pennsylvania in 2011. A free commodity market like Pennsylvania's credit trading market can be a good tool to match price with demand, except when speculators enter the market, as we experienced this year. Discussion in this article includes results from the November 2 Pennvest auction, analysis of most current trends and unexpected challenges encountered this year by credit buyers and sellers in the Commonwealth.
{"title":"Water Quality Credit Trading: Developments in 2011","authors":"Alexandra C. Chiaruttini","doi":"10.2139/SSRN.1967036","DOIUrl":"https://doi.org/10.2139/SSRN.1967036","url":null,"abstract":"Water quality credit trading is being used in a number of watersheds throughout the country in a variety of forms and with a menagerie of rules, which vary based upon the state jurisdiction. October marked the end of the second year of active nutrient credit trading in Pennsylvania and the Pennvest public auction platform. This article provides the latest information on the use of water quality credits in Pennsylvania in 2011. A free commodity market like Pennsylvania's credit trading market can be a good tool to match price with demand, except when speculators enter the market, as we experienced this year. Discussion in this article includes results from the November 2 Pennvest auction, analysis of most current trends and unexpected challenges encountered this year by credit buyers and sellers in the Commonwealth.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123824323","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}
This thesis analyzes theoretically and practically the farm land reform and tendency of in China. It first reviews the current hot spots and situation in China, as well as its recent changes, demonstrates the emergent needs for China to reform its farm land regulation to accordance with its long term economic and social transition. It also explains that, from different perspectives, the balancing conflicts emerged between different value choices during this process and gives advices to provide possible solution as a core: Reform of the Land Transfer System.
{"title":"Farm Land Reform is Necessary and Emergent in China","authors":"Rundong Liu","doi":"10.2139/ssrn.1960154","DOIUrl":"https://doi.org/10.2139/ssrn.1960154","url":null,"abstract":"This thesis analyzes theoretically and practically the farm land reform and tendency of in China. It first reviews the current hot spots and situation in China, as well as its recent changes, demonstrates the emergent needs for China to reform its farm land regulation to accordance with its long term economic and social transition. It also explains that, from different perspectives, the balancing conflicts emerged between different value choices during this process and gives advices to provide possible solution as a core: Reform of the Land Transfer System.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132483137","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}
Each year, about 2.8 million people die due to problems with poor water supply, sanitation and hygiene. Over three-quarters of the dead are children. Some argue that a human right to clean water would improve this situation. This paper shows that human rights are not sufficient to improve access to clean water and argues that it would be more productive to distribute property rights in national waters to citizens. Because property rights --- unlike human rights --- are alienable, citizens (rich and poor) could turn some of their rights into cash that they could use to pay for clean water service. Besides this basic equity outcome, property rights would establish a price of water in proportion to its value and facilitate efficient water allocation.
{"title":"Water Rights and Human Rights: The Poor Will Not Need our Charity if We Need their Water","authors":"D. Zetland","doi":"10.2139/ssrn.1549570","DOIUrl":"https://doi.org/10.2139/ssrn.1549570","url":null,"abstract":"Each year, about 2.8 million people die due to problems with poor water supply, sanitation and hygiene. Over three-quarters of the dead are children. Some argue that a human right to clean water would improve this situation. This paper shows that human rights are not sufficient to improve access to clean water and argues that it would be more productive to distribute property rights in national waters to citizens. Because property rights --- unlike human rights --- are alienable, citizens (rich and poor) could turn some of their rights into cash that they could use to pay for clean water service. Besides this basic equity outcome, property rights would establish a price of water in proportion to its value and facilitate efficient water allocation.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115447292","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}
In 2009, commercially exploitable reserves of oil were found in the Albertine Lakes Basin in Uganda. Along with a number of new oil exporters, Uganda now faces the challenge of using the new resources to advance its development agenda, while avoiding the corrosive effects oil often has on governance. This paper considers the tradeoffs and potential impact of alternative uses of the oil rent. It argues that alternative approaches towards absorbing rents should be judged from two perspectives – the direct impact on growth and living standards, and the indirect effect on governance. The Ugandan authorities favor using the oil revenues to build much-needed infrastructure; while this could have very large benefits, evidence of Uganda’s already deteriorating governance and mounting corruption raise questions about its capacity to wisely invest the oil revenues. This paper considers an alternative—distributing oil rents to the population through cash transfers—as a potential tool to mitigate some of the governance risks associated with oil revenues by giving Ugandan citizens a stake in their own resource wealth, and considers the strengths and limitations of such an approach.
{"title":"Oil for Uganda – or Ugandans? Can Cash Transfers Prevent the Resource Curse?","authors":"A. Gelb, Stephanie Majerowicz","doi":"10.2139/ssrn.1910111","DOIUrl":"https://doi.org/10.2139/ssrn.1910111","url":null,"abstract":"In 2009, commercially exploitable reserves of oil were found in the Albertine Lakes Basin in Uganda. Along with a number of new oil exporters, Uganda now faces the challenge of using the new resources to advance its development agenda, while avoiding the corrosive effects oil often has on governance. This paper considers the tradeoffs and potential impact of alternative uses of the oil rent. It argues that alternative approaches towards absorbing rents should be judged from two perspectives – the direct impact on growth and living standards, and the indirect effect on governance. The Ugandan authorities favor using the oil revenues to build much-needed infrastructure; while this could have very large benefits, evidence of Uganda’s already deteriorating governance and mounting corruption raise questions about its capacity to wisely invest the oil revenues. This paper considers an alternative—distributing oil rents to the population through cash transfers—as a potential tool to mitigate some of the governance risks associated with oil revenues by giving Ugandan citizens a stake in their own resource wealth, and considers the strengths and limitations of such an approach.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133975462","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}
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