The eJournal is sponsored by the Environmental Law Center at the Vermont Law School, home to one of the nation's leading environmental law programs. Since establishing the Environmental Law Center in 1978, Vermont Law School has been training people to be environmental leaders in government, nonprofits, corporations, and private practice - locally, nationally, and internationally. With the largest and deepest graduate environmental law program in the country, the Environmental Law Center offers the most comprehensive environmental law and policy curriculum in the nation for law students, and also confers the Master of Environmental Law and Policy (MELP) and Master of Laws in Environmental Law (LLM) degrees, as well as a joint JD/MELP degree. The Vermont Law School's Environmental Law Center is also home to the Institute for Energy and the Environment, Environmental Tax Policy Institute, Climate Legacy Initiative, Land Use Institute, Partnership for Environmental Law in China, and Environmental and Natural Resources Law Clinic.
NATURAL RESOURCES LAW & POLICY eJOURNAL
Sponsored by the Environmental Law Center at Vermont Law School
"Targets and Fisheries Management in the Asia and Pacific Region"
Asia and the Pacific Policy Studies (APPS), vol. 1, no. 3, pp. 615–622
LONG CHU, Australian National University (ANU) - Crawford School of Public Policy
TOM KOMPAS, Australian National University (ANU) - Crawford School of Public Policy
Marine fisheries in the Asia and the Pacific region play an important role in global, regional and national economies. Many of the fisheries in the region are over-exploited, both biologically and economically. We focus on the use of appropriate fishery targets, and the importance of tying those targets to management objectives to overcome the usual and unwanted negative externalities that occur in ocean fisheries, the ones that result in substantial over-fishing. Of particular importance is the use of a maximum economic yield target for both short- and long-lived species. Maximum economic yield, when combined with appropriately designed marine protected areas, or marine reserves, not only provides maximum profitability and generally larger and more ‘conservationist’ stocks of fish, but it also ensures a measure of resilience from stochastic shocks that may negatively impact the fishery. It remains the preferred target for most fisheries in the Asia and Pacific region.
"The ‘Thing’ Called ‘Mineral Right’: Re-Examining the Nature, Content and Scope of a Rather Confounding Concept in South African Law"
Recht in Africa / Law in Africa / Droit en Afrique - Zeitschrift der Gesellschaft für afrikanisches Recht, 2014
HANRI MOSTERT, University of Cape Town (UCT), University of Groningen
The nature of a right to minerals is controversial in South Africa. With the recent coming into force of new legislation governing mineral resources, the conventional view is that there has been a drastic shift of control over the country’s mineral wealth from private individuals to the state. However, in this article, the author explains that the conceptualisation of the mineral right in South Africa has always been inconsistent and contested, at least partly due to South Africa being a mixed legal system with conflicting theoretical foundations. With reference to Underkuffler’s theoretical framework of the legitimate regulatory powers of the state over property, the author demonstrates that the orthodox view in South Africa has historically emphasised the powers of private parties over mineral resources and viewed the state’s legitimate regulatory role as limited. However, the author argues, both historically and conceptually it is more accurate to acknowledge that the state has always exercised significant control over mining in South Africa, and the right to minerals has always been a flexible one which has varied across different legislative periods. The article outlines the evolution of the mineral right in South Africa, discusses the conflicting theoretical conceptions of the right (including whether it is servitudal in nature or an independent property right) and critiques the recent judicial treatment of the right by South Africa’s highest courts. The author concludes by suggesting that if the mineral right is understood correctly, the recent legislative changes are actually far less radical than commonly thought.
"Pastoral Rangelands Policy and Institutional Concerns in Ethiopia"
DANIEL TEMESGEN GELAN, Ambo University
The total grazing and browsing area in Ethiopia is about 62 million hectares at the peripheral which accounts about 60% of total land mass (PFE 2009). Pastoralists and agro-pastoralists are the main range land users. Range lands support livelihoods of about 12 million populations in dry lands of Ethiopia (CSA, 2007). Literatures are indicating that the range lands today are in danger of degradation due to natural and human induced factors (Coppock, 1994). Inappropriate management, inter alia, relates to. issues of land policy and administration. The objective of this review is therefore, to examine the institutional and policy gaps related to land policy and administration in pastoral range lands. In this respect, an assessment of land policies and institutions; The results of the desk review indicated that increasingly, the policies and legislation provide a more facilitating environment for sustainable use and management of range lands and their natural resources. Despite these positive policy moves, the full implementation is yet to be realized on the facilitating policies and legislation that protect range land resources for and by local populations. Until such time, pastoralists, and other rangeland users will continue to be facing many challenges. This paper highlights that though policy and legislation are improving, the land reform also needs to take into account and address; development of appropriate institutions with effective power; active participation of customary institutions and civil society engagement as a vital actions in securing land and resource rights.
"Seeds, Patents and Power: The Shifting Foundation of Our Food System"
JAMES MATSON, Independent
MINLI TANG, The City Law School of City University London
SARAH WYNN, Independent
Our food supply rests on a foundation of agricultural seed. As the world races to meet soaring food demand, the development and control of this fundamental genetic resource will be of critical concern to the entire human community. Seed, once treated as a shared public good and natural resource, is now subject to strict patent control. Patents have encouraged investment and research, but have also facilitated concentrated private ownership. A highly concentrated seed industry already controls much of the U.S agricultural seed resource.
This paper examines the history, legal context, structure and practices of the U.S. corn and soybean seed industry, which may become the model for other crop sectors and world markets. It analyzes the relationship between seed patent law and antitrust law, and considers the antitrust policy challenges posed by the new seed industry. It calls for systematic study and monitoring of the seed industry, and offers some starting points and an analytical framework. This paper also poses some basic questions about the long-term future of agricultural seed.
About this eJournal
Sponsored by: Institute for Energy and the Environment at the Vermont Law School. This eJournal distributes working and accepted paper abstracts dealing with the regulation, management, and distribution of natural resources. The eJournal will discuss a diverse array of natural resource topics such as public and private land use, wildlife and biodiversity, forest protection, mineral rights, parks and wilderness, the public trust doctrine, water and wetlands, and tribal lands and resources.
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ENVIRONMENTAL & NATURAL RESOURCES LAW EJOURNALS
BERNARD S. BLACK
Northwestern University - School of Law, Northwestern University - Kellogg School of Management, European Corporate Governance Institute (ECGI)
RONALD J. GILSON
Stanford Law School, Columbia Law School, European Corporate Governance Institute (ECGI)
Please contact us at the above addresses with your comments, questions or suggestions for LSN-Sub.
Natural Resources Law & Policy eJournal
LEE P. BRECKENRIDGE
Professor of Law, Northeastern University School of Law
Professor of Law, University of California, Berkeley - School of Law
TIMOTHY P. DUANE
Professor, University of California, Santa Cruz
Professor of Law, Emory University School of Law
Associate Professor of Law, University of Maine - School of Law
ROBERT V. PERCIVAL
Robert F. Stanton Professor of Law and Director of the Environmental Law Program, University of Maryland - Francis King Carey School of Law
Assistant Professor of Law, Lewis & Clark Law School
J. B. RUHL
David Daniels Allen Distinguished Chair in Law, Vanderbilt University - Law School
MARK STEPHEN SQUILLACE
Professor of Law and Director of the Natural Resources Law Center, University of Colorado Law School
Associate Professor of Law, University of Wisconsin Law School
Professor of Law, Boston University School of Law