This paper will examine how habitat restoration, such as revitalizing shellfish beds and restoring wetlands, can be used as a way to clean estuarine waters from the effects of nitrogen pollution, and, in doing so, satisfy the statutory requirements and policy intent of the Clean Water Act.The Clean Water Act (CWA) requires each state to produce a Total Maximum Daily Load (TMDL) report for bodies of water that are impacted by pollutants, as well as a remediation plan. This report begins by identifying a specific variety of pollution, the scale of the problem, and the extent to which the pollutants must be reduced. In addition, strategies are identified to accomplish the goal of pollutant reduction.Since the 1990s, research has demonstrated the ability of oysters and other shellfish to filter the water column and therefore remove the effects of over-nitrification in coastal and estuarine waters. Other research has shown that wetlands restoration can be used as a denitrification tool as well. Both of these strategies use natural processes and have the benefits of not only removing nitrogen and its effects but also can provide benefits such as stimulating the regrowth of valuable eelgrass beds and revitalizing finfish populations and crustacean nurseries. Both have the ultimate effect of providing not only clearer estuarine waters but a potential source of sustainable food stocks.This paper discusses the feasibility of using shellfish and wetlands restoration as an integral part of an overall strategy for the removal of the effects of over-nitrification of estuarine waters in the Total Management Daily Load process and argues that these tools meet both the statutory requirements CWA and its policy objectives of restoring water quality.
{"title":"The Clean Water Act and Estuarian Habitat Restoration","authors":"Richard F. Golen, A. Sulkowski","doi":"10.2139/ssrn.1458614","DOIUrl":"https://doi.org/10.2139/ssrn.1458614","url":null,"abstract":"This paper will examine how habitat restoration, such as revitalizing shellfish beds and restoring wetlands, can be used as a way to clean estuarine waters from the effects of nitrogen pollution, and, in doing so, satisfy the statutory requirements and policy intent of the Clean Water Act.The Clean Water Act (CWA) requires each state to produce a Total Maximum Daily Load (TMDL) report for bodies of water that are impacted by pollutants, as well as a remediation plan. This report begins by identifying a specific variety of pollution, the scale of the problem, and the extent to which the pollutants must be reduced. In addition, strategies are identified to accomplish the goal of pollutant reduction.Since the 1990s, research has demonstrated the ability of oysters and other shellfish to filter the water column and therefore remove the effects of over-nitrification in coastal and estuarine waters. Other research has shown that wetlands restoration can be used as a denitrification tool as well. Both of these strategies use natural processes and have the benefits of not only removing nitrogen and its effects but also can provide benefits such as stimulating the regrowth of valuable eelgrass beds and revitalizing finfish populations and crustacean nurseries. Both have the ultimate effect of providing not only clearer estuarine waters but a potential source of sustainable food stocks.This paper discusses the feasibility of using shellfish and wetlands restoration as an integral part of an overall strategy for the removal of the effects of over-nitrification of estuarine waters in the Total Management Daily Load process and argues that these tools meet both the statutory requirements CWA and its policy objectives of restoring water quality.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"246 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132750654","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 article examines the role of conservation easements in Canada and their utility in protecting the natural values of land by way of restricted development. The author begins with an overview of both common law and statutory conservation easements throughout Canada with a specific focus on Alberta. Advantages and disadvantages are identified in general with regard to the use of conservation easements by municipalities. Finally, the article locates and explores the benefits of conservation easements as a proactive pre-development, and reactive post-development tool which can be used by municipalities when carrying out land use mandates.
{"title":"Conservation Easements: Pluses and Pitfalls, Generally and for Municipalities","authors":"Arlene J. Kwasniak","doi":"10.29173/ALR221","DOIUrl":"https://doi.org/10.29173/ALR221","url":null,"abstract":"This article examines the role of conservation easements in Canada and their utility in protecting the natural values of land by way of restricted development. The author begins with an overview of both common law and statutory conservation easements throughout Canada with a specific focus on Alberta. Advantages and disadvantages are identified in general with regard to the use of conservation easements by municipalities. Finally, the article locates and explores the benefits of conservation easements as a proactive pre-development, and reactive post-development tool which can be used by municipalities when carrying out land use mandates.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127402583","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}
Non-timber forest product (NTFP) are commonly used by poor agricultural house-holds of developing countries to smooth their consumption and to cope with agricultural risk. This paper explores the potential implications of this safety-net use on the land-use choice and labor allocation. We consider that the land-use is a long-run choice variable, while labor allocation is a short-term choice variable. In this context, it appears that risk reduction may have two opposite implications. In the short run, risk reduction tends to reduce the pressure on common resource extraction, while in the long run, risk reduction may tend to increase deforestation.
{"title":"Forest Products as Safety Net, Deforestation and the Tragedy of the Commons","authors":"P. Delacote","doi":"10.2139/ssrn.1368683","DOIUrl":"https://doi.org/10.2139/ssrn.1368683","url":null,"abstract":"Non-timber forest product (NTFP) are commonly used by poor agricultural house-holds of developing countries to smooth their consumption and to cope with agricultural risk. This paper explores the potential implications of this safety-net use on the land-use choice and labor allocation. We consider that the land-use is a long-run choice variable, while labor allocation is a short-term choice variable. In this context, it appears that risk reduction may have two opposite implications. In the short run, risk reduction tends to reduce the pressure on common resource extraction, while in the long run, risk reduction may tend to increase deforestation.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127930335","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 paper provides a progress report on state laws and programs for protecting environmental flows of water in the states of the Rocky Mountain West. Included are the programs in Idaho, Montana, Wyoming, Utah, Colorado, New Mexico, and Arizona.
{"title":"Environmental Flows in the Rocky Mountain West: A Progress Report","authors":"Lawrence J. Macdonnell","doi":"10.2139/SSRN.2691081","DOIUrl":"https://doi.org/10.2139/SSRN.2691081","url":null,"abstract":"This paper provides a progress report on state laws and programs for protecting environmental flows of water in the states of the Rocky Mountain West. Included are the programs in Idaho, Montana, Wyoming, Utah, Colorado, New Mexico, and Arizona.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"80 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128126191","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}
A critical analysis of the mineral development agreement between the Republic of Liberia & Mittal Steel Holding Ltd.
对利比里亚共和国与米塔尔钢铁控股有限公司矿产开发协议的批判性分析。
{"title":"In the Name of Development","authors":"J. Dey","doi":"10.2139/ssrn.3105754","DOIUrl":"https://doi.org/10.2139/ssrn.3105754","url":null,"abstract":"A critical analysis of the mineral development agreement between the Republic of Liberia & Mittal Steel Holding Ltd.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129581119","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}
Bridges over Water places the study of transboundary water conflicts, negotiation, and cooperation in the context of various disciplines, such as international relations, international law, international negotiations, and economics. It demonstrates their application, using various quantitative approaches, such as river basin modeling, quantitative negotiation theory, and game theory. Case-studies of particular transboundary river basins, lakes, and aquifers are also considered. This second edition updates the literature on international water and in-depth analyses on political developments and cooperation between riparian states. With an appended chapter on principles and practices of negotiation, and a new case study on the La Plata Basin, this edition is a timely update to the field of transboundary water studies. Contents: Introduction: State of Water and Interstate Water Relations Overview of Literature on Conflict Negotiation and Cooperation Over Shared Waters The Development and Application of International Water Law Principles and Practices of Cooperation in Managing International Water Cooperative Game Theory and Water Resources: Principles Cooperative Game Theory and Water Resources: Application of Solution Concepts Principles and Practices of Negotiation: A Quantitative Approach Hydropolitics and International Relations An Overview of Selected International Water Treaties in Their Geographic and Political Contexts Global Analysis of International Water Agreements The Use of River Basin Modeling as a Tool to Assess Conflict and Potential Cooperation Conclusion Case Studies: The Mekong River Basin The Ganges Basin (With Focus on India and Bangledesh) The Indus River Basin The Aral Sea Basin The La Plata River Basin Annexes: The Generica: An Outline for Preparing a Basin Case Study River Basin Cooperative Game Theory Example Readership: Graduates in economics, engineering, water law, international relations and practitioners in water resource management, international water law and water policies. Key Features: An original textbook that combines several disciplines that together allow understanding and analyzing of conflict, negotiation and cooperation in transboundary water A balanced set of conceptual approaches and case studies from all over the world Supplementary material include: a computer program that allows users to practice various concepts of cooperation, demonstrating them via quantitative examples and outcomes, various annexes of treaties Each chapter includes sections on chapter objectives; glossary of main terminology; summary; practice questions; and list of recommended readings
{"title":"'Preface to' Bridges Over Water: Understanding Transboundary Water Conflict, Negotiation and Cooperation","authors":"A. Dinar, Shlomi Dinar, S. Mccaffrey, D. McKinney","doi":"10.1142/6184","DOIUrl":"https://doi.org/10.1142/6184","url":null,"abstract":"Bridges over Water places the study of transboundary water conflicts, negotiation, and cooperation in the context of various disciplines, such as international relations, international law, international negotiations, and economics. It demonstrates their application, using various quantitative approaches, such as river basin modeling, quantitative negotiation theory, and game theory. Case-studies of particular transboundary river basins, lakes, and aquifers are also considered. This second edition updates the literature on international water and in-depth analyses on political developments and cooperation between riparian states. With an appended chapter on principles and practices of negotiation, and a new case study on the La Plata Basin, this edition is a timely update to the field of transboundary water studies. Contents: Introduction: State of Water and Interstate Water Relations Overview of Literature on Conflict Negotiation and Cooperation Over Shared Waters The Development and Application of International Water Law Principles and Practices of Cooperation in Managing International Water Cooperative Game Theory and Water Resources: Principles Cooperative Game Theory and Water Resources: Application of Solution Concepts Principles and Practices of Negotiation: A Quantitative Approach Hydropolitics and International Relations An Overview of Selected International Water Treaties in Their Geographic and Political Contexts Global Analysis of International Water Agreements The Use of River Basin Modeling as a Tool to Assess Conflict and Potential Cooperation Conclusion Case Studies: The Mekong River Basin The Ganges Basin (With Focus on India and Bangledesh) The Indus River Basin The Aral Sea Basin The La Plata River Basin Annexes: The Generica: An Outline for Preparing a Basin Case Study River Basin Cooperative Game Theory Example Readership: Graduates in economics, engineering, water law, international relations and practitioners in water resource management, international water law and water policies. Key Features: An original textbook that combines several disciplines that together allow understanding and analyzing of conflict, negotiation and cooperation in transboundary water A balanced set of conceptual approaches and case studies from all over the world Supplementary material include: a computer program that allows users to practice various concepts of cooperation, demonstrating them via quantitative examples and outcomes, various annexes of treaties Each chapter includes sections on chapter objectives; glossary of main terminology; summary; practice questions; and list of recommended readings","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127459219","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 ecological literature suggests that biodiversity reduces the variance of ecosystem services. Thus, conservative biodiversity management has an insurance value to risk-averse users of ecosystem services. We analyze a conceptual ecological-economic model in which such management measures generate a private benefit and, via ecosystem processes at higher hierarchical levels, a positive externality on other ecosystem users. We find that ecosystem management and environmental policy depend on the extent of uncertainty and risk-aversion as follows: (i) Individual effort to improve ecosystem quality unambiguously increases. The free-rider problem may decrease or increase, depending on the characteristics of the ecosystem and its management; in particular, (ii) the size of the externality may decrease or increase, depending on how individual and aggregate management effort influence biodiversity; and (iii) the welfare loss due to free-riding may decrease or increase, depending on how biodiversity influences ecosystem service provision.
{"title":"The Private and Public Insurance Value of Conservative Biodiversity Management","authors":"Stefan Baumgärtner, M. Quaas","doi":"10.2139/ssrn.892101","DOIUrl":"https://doi.org/10.2139/ssrn.892101","url":null,"abstract":"The ecological literature suggests that biodiversity reduces the variance of ecosystem services. Thus, conservative biodiversity management has an insurance value to risk-averse users of ecosystem services. We analyze a conceptual ecological-economic model in which such management measures generate a private benefit and, via ecosystem processes at higher hierarchical levels, a positive externality on other ecosystem users. We find that ecosystem management and environmental policy depend on the extent of uncertainty and risk-aversion as follows: (i) Individual effort to improve ecosystem quality unambiguously increases. The free-rider problem may decrease or increase, depending on the characteristics of the ecosystem and its management; in particular, (ii) the size of the externality may decrease or increase, depending on how individual and aggregate management effort influence biodiversity; and (iii) the welfare loss due to free-riding may decrease or increase, depending on how biodiversity influences ecosystem service provision.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134064060","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}
Abundant in the past, the one-horned rhinoceros that inhabits the low-lying Terai region of Nepal has come under pressure due to the loss of habitat and poaching. Efforts to protect the species continue to face considerable challenges, including: (i) economic constraints associated with protecting these species in one of the poorest countries in the world; and (ii) the ineffectiveness of current policies due to a number of socio-economic and political factors. This study models poaching behaviour to provide information about the effectiveness of current interventions and to simulate alternative policies. Our goal is to help design more effective policies to combat poaching, while at the same time ensuring that local livelihoods are supported. This study considers some salient features of the rhino conservation/poaching problem in Nepal, such as: rhino population dynamics, crop damage due to rhinos, park-community revenue sharing programmes, the collection of resources from the park, tourism employment, etc., when running a simulation model. Indeed, all of these factors were entered as sub-models within the overarching simulation model. The simulation model was run over a ten-year period from 2004-2013 (inclusive) for four policy scenarios. The current policy scenario represents the baseline and the three other hypothetical scenarios represent three distinct policy alternatives. The simulation results indicate that although a conventional conservation strategy, emphasising the role of anti-poaching units (APUs), is likely to increase the rhino population to a greater extent than the other strategies, it produces less overall benefits to local communities. Conversely, incentive-based conservation strategies that target farming and non-farming households through economic incentives (such as compensation for crop damage, increased employment opportunities, and greater access to park resources), along with some anti-poaching enforcement, are likely to increase the rhino population and at the same time produce greater overall benefits for local communities. It is inherently difficult to ensure all stakeholder groups simultaneously benefit from a single policy measure. However, the simulation results show that any policy that tries to incorporate the concerns of different stakeholders by providing different economic incentives is more likely to help protect rhinos, and at the same time improve local livelihoods.
{"title":"Economic Incentives and Poaching of the One-Horned Indian Rhinoceros in Nepal: Simulation Modelling of Policies to Combat the Poaching of Rhino in Royal Chitwan National Park, Nepal","authors":"D. Knowler, M. Poudyal","doi":"10.2139/ssrn.850166","DOIUrl":"https://doi.org/10.2139/ssrn.850166","url":null,"abstract":"Abundant in the past, the one-horned rhinoceros that inhabits the low-lying Terai region of Nepal has come under pressure due to the loss of habitat and poaching. Efforts to protect the species continue to face considerable challenges, including: (i) economic constraints associated with protecting these species in one of the poorest countries in the world; and (ii) the ineffectiveness of current policies due to a number of socio-economic and political factors. This study models poaching behaviour to provide information about the effectiveness of current interventions and to simulate alternative policies. Our goal is to help design more effective policies to combat poaching, while at the same time ensuring that local livelihoods are supported. This study considers some salient features of the rhino conservation/poaching problem in Nepal, such as: rhino population dynamics, crop damage due to rhinos, park-community revenue sharing programmes, the collection of resources from the park, tourism employment, etc., when running a simulation model. Indeed, all of these factors were entered as sub-models within the overarching simulation model. The simulation model was run over a ten-year period from 2004-2013 (inclusive) for four policy scenarios. The current policy scenario represents the baseline and the three other hypothetical scenarios represent three distinct policy alternatives. The simulation results indicate that although a conventional conservation strategy, emphasising the role of anti-poaching units (APUs), is likely to increase the rhino population to a greater extent than the other strategies, it produces less overall benefits to local communities. Conversely, incentive-based conservation strategies that target farming and non-farming households through economic incentives (such as compensation for crop damage, increased employment opportunities, and greater access to park resources), along with some anti-poaching enforcement, are likely to increase the rhino population and at the same time produce greater overall benefits for local communities. It is inherently difficult to ensure all stakeholder groups simultaneously benefit from a single policy measure. However, the simulation results show that any policy that tries to incorporate the concerns of different stakeholders by providing different economic incentives is more likely to help protect rhinos, and at the same time improve local livelihoods.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127518916","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}
Within the United States, natural forestland is a precious and unique resource providing timber for construction and paper, a habitat for wildlife, as well as recreation areas and aesthetic value for visitors. The fact that a large portion of forestland in the United States is privately owned and not subject to uniform federal control exacerbates the potential conflict between each of these uses as well as the decision to convert forestland to farmland. This article reviews the development, goals, and various state legal instruments, or “methods,” of private forestland management that directly influence forested property in private ownership. The current state methods can be summarized as: (1) the prescription or regulation of forest practices by statutory and common law constructs; (2) the furnishing of incentives to encourage desirable behavior, and the assessment of charges to discourage undesirable behavior; and (3) the encouragement of voluntary measures that promote land-management practices preferred by the public. Through thorough, objective analysis of the benefits and drawbacks of each of these methods, the author judges the efficacy and likely future implementation of these methods by state legislators and regulators.Ownership of private commercial timberland can be categorized into three general groups: agriculture, wood industry, and other private owners. These three groups are quite disparate in their interests and practices. Legislation that attempts to control privately owned forestland primarily addresses the goal of promoting forest regeneration for sustained timber production. Additionally, it seeks to protect forestland resources, wildlife habitat, and soil and water quality. Finally, and most controversially, a recent trend is the recognition of recreation and aesthetics as legitimate goals of private forestland management legislation. However, upon analysis of the legislation from five states which explicitly include protection of forest aesthetic or recreational value as a legislative goal, as well as the law of Oregon which mentions aesthetics in the context of protecting scenic views from highways, it is clear that aesthetics are not given much protection in practice under such legislative schemes.Regulations are widespread, but certainly not uniform. They attempt to specify the uses a private owner may make of forestland without violating constitutional restrictions against the taking of private property without just compensation. Conflicting goals, differing agency structures, and changing political climates are disadvantages to the regulation method. As incentives are politically more palatable than direct regulation, they are often more readily enforceable, and therefore more efficient than direct regulation. Many states utilize a system of tax incentives to achieve a wide range of goals, and it is likely that – along with other forms of incentives – they will be used more often in the future. However, little use is m
{"title":"Methods Of Forest Law-Making","authors":"T. Lundmark","doi":"10.2139/SSRN.2352809","DOIUrl":"https://doi.org/10.2139/SSRN.2352809","url":null,"abstract":"Within the United States, natural forestland is a precious and unique resource providing timber for construction and paper, a habitat for wildlife, as well as recreation areas and aesthetic value for visitors. The fact that a large portion of forestland in the United States is privately owned and not subject to uniform federal control exacerbates the potential conflict between each of these uses as well as the decision to convert forestland to farmland. This article reviews the development, goals, and various state legal instruments, or “methods,” of private forestland management that directly influence forested property in private ownership. The current state methods can be summarized as: (1) the prescription or regulation of forest practices by statutory and common law constructs; (2) the furnishing of incentives to encourage desirable behavior, and the assessment of charges to discourage undesirable behavior; and (3) the encouragement of voluntary measures that promote land-management practices preferred by the public. Through thorough, objective analysis of the benefits and drawbacks of each of these methods, the author judges the efficacy and likely future implementation of these methods by state legislators and regulators.Ownership of private commercial timberland can be categorized into three general groups: agriculture, wood industry, and other private owners. These three groups are quite disparate in their interests and practices. Legislation that attempts to control privately owned forestland primarily addresses the goal of promoting forest regeneration for sustained timber production. Additionally, it seeks to protect forestland resources, wildlife habitat, and soil and water quality. Finally, and most controversially, a recent trend is the recognition of recreation and aesthetics as legitimate goals of private forestland management legislation. However, upon analysis of the legislation from five states which explicitly include protection of forest aesthetic or recreational value as a legislative goal, as well as the law of Oregon which mentions aesthetics in the context of protecting scenic views from highways, it is clear that aesthetics are not given much protection in practice under such legislative schemes.Regulations are widespread, but certainly not uniform. They attempt to specify the uses a private owner may make of forestland without violating constitutional restrictions against the taking of private property without just compensation. Conflicting goals, differing agency structures, and changing political climates are disadvantages to the regulation method. As incentives are politically more palatable than direct regulation, they are often more readily enforceable, and therefore more efficient than direct regulation. Many states utilize a system of tax incentives to achieve a wide range of goals, and it is likely that – along with other forms of incentives – they will be used more often in the future. However, little use is m","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1995-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132782337","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}
As the international law of the sea has developed throughout the centuries, and there has been a growing acceptance of the legitimacy of a range of maritime zones, there has been a need to provide certainty with respect to the freedom of navigation through certain waters. The initial focus was to assure freedom of navigation in the territorial sea, and this saw the gradual recognition of innocent passage which guaranteed rights of navigation by foreign-flagged vessels. The innocent passage regime developed alongside expanding claims by coastal states to a broader territorial sea, and as long as expansive claims to a territorial sea were kept under check significant disruption to maritime traffic through straits used by international navigation was minimised. However, as the territorial sea regime became more accepted as a part of customary international law, and then was recognised in the 1958 Geneva Convention on the Territorial Sea and Contiguous Zone, it was evident that the particular issues that arose concerning navigation through straits would have to be addressed.
{"title":"Arctic Ocean Choke Points and the Law of the Sea","authors":"D. Rothwell","doi":"10.2139/SSRN.1697882","DOIUrl":"https://doi.org/10.2139/SSRN.1697882","url":null,"abstract":"As the international law of the sea has developed throughout the centuries, and there has been a growing acceptance of the legitimacy of a range of maritime zones, there has been a need to provide certainty with respect to the freedom of navigation through certain waters. The initial focus was to assure freedom of navigation in the territorial sea, and this saw the gradual recognition of innocent passage which guaranteed rights of navigation by foreign-flagged vessels. The innocent passage regime developed alongside expanding claims by coastal states to a broader territorial sea, and as long as expansive claims to a territorial sea were kept under check significant disruption to maritime traffic through straits used by international navigation was minimised. However, as the territorial sea regime became more accepted as a part of customary international law, and then was recognised in the 1958 Geneva Convention on the Territorial Sea and Contiguous Zone, it was evident that the particular issues that arose concerning navigation through straits would have to be addressed.","PeriodicalId":346805,"journal":{"name":"Natural Resources Law & Policy eJournal","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133486368","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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