Abstract

http://ssrn.com/abstract=1577462
 
 

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Seeing the Global Forest for the Trees: How US Federalism Can Coexist with Global Governance of Forests


Blake Hudson


Louisiana State University, Baton Rouge - Paul M. Hebert Law Center; Louisiana State University, Baton Rouge - School of the Coast and Environment

Erika Weinthal


Duke University - Nicholas School for the Environment

October 1, 2009

Journal of Natural Resources Policy Research, Vol. 1, No. 4, pp. 353-365, October 2009
Stetson University College of Law Research Paper No. 2009-32

Abstract:     
Both international forest and climate negotiations have failed to produce a legally binding treaty that addresses forest management activities - either comprehensively or more narrowly through carbon capture - due, in part, to lack of US leadership. Though US cooperation is crucial for facilitating both forest and climate negotiations, the role of federalism in constraining these trends has been given scant attention. We argue that, as embodied in the US Constitution, federalism complicates the US’s role in creating any legally binding treaty that directly regulates land uses (e.g. forest management). Because federalism reserves primary land use regulatory authority for state governments, voluntary, market-based mechanisms, like REDD and forest certification, should be included within any binding treaty aimed at forest management, in order to facilitate US participation.

Keywords: Federalism, Forests, Treaty, Constitution, Global Governance

Accepted Paper Series


Not Available For Download

Date posted: March 29, 2010 ; Last revised: August 5, 2014

Suggested Citation

Hudson, Blake and Weinthal, Erika, Seeing the Global Forest for the Trees: How US Federalism Can Coexist with Global Governance of Forests (October 1, 2009). Journal of Natural Resources Policy Research, Vol. 1, No. 4, pp. 353-365, October 2009; Stetson University College of Law Research Paper No. 2009-32. Available at SSRN: http://ssrn.com/abstract=1577462

Contact Information

Blake Hudson (Contact Author)
Louisiana State University, Baton Rouge - Paul M. Hebert Law Center ( email )
440 Law Center Building
Baton Rouge, LA 70803
United States
Louisiana State University, Baton Rouge - School of the Coast and Environment ( email )
Baton Rouge, LA
United States
Erika Weinthal
Duke University - Nicholas School for the Environment ( email )
Box 90328
Durham, NC 27708-0328
United States
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