ENVIRONMENTAL LAW & POLICY eJOURNAL
"Art and the History of Environmental Law"
Critical Analysis of Law (2015, Forthcoming)
DAVID SCHORR, Tel Aviv University - Buchmann Faculty of Law
This article is an initial exploration of what the history of environmental law can learn from the arts. Looking at visual art (mainly paintings, with some drawings, prints, photographs, and poster art), supplemented by occasional glances in the direction of literary works, it asks what, if anything we can learn about the environmental law of the industrialized West of nineteenth and twentieth centuries before 1970, when environmental problems certainly abounded but before there was "environmental law". The focus is on pollution law, especially air pollution, with some attention paid also to land use law.
The paper explores, first, how art may be read as reflecting the conditions against which environmental laws developed (or did not); next, indications in art of the effects of environmental law; and finally environmental law itself as depicted in art.
"All Dried Out: How Responses to Drought Make Droughts Worse"
VANESSA CASADO-PÉREZ, Stanford Law School
Water usage is governed through a variety of mechanisms, including government administration and market tools. In 2006-2008 Barcelona’s region, a water scarce area, suffered a drought comparable to the one faced today by the US West. This article surveys a variety of techniques which were or could have been used to address these scarcity challenges. Spanish water regulations established water markets in 1999 but neither the design, nor its implementation were optimal. In addition to the design and implementation flaws, the response to the 2006-2008 drought crisis shows how emergency measures highjack water markets as a viable solution to water scarcity. Emergency responses bail out urban voters while no structural solutions to make water use in the agricultural sector more efficient are adopted. Neither the urban suppliers nor the agricultural sector has, thus, incentives to participate in a water market and droughts are to be managed using ad hoc solutions. Lessons for the US West can be drawn because that crisis’ responses are no different than the ones that could be undertaken by states west of the 100th meridian to tackle the current drought.
"Global Clues for Choosing Suitable Support Systems for Renewable Energy in the Power Sector"
Renewable Energy Law and Policy, 6(1), 25-37
TEMITOPE TUNBI ONIFADE, Memorial University, University of Calgary
The article analyses schemes suitable for supporting the integration of renewable energy (RE) into power sectors within jurisdictions. Its thesis is that stable and predictable regulatory frameworks that enhance RE are prerequisite for successfully integrating RE into energy streams in the power sector. It employs qualitative methods, and relies on primary and secondary sources. It contributes to the literature by building on existing classifications of RE support systems, revealing clues for choosing mechanisms that offer the best potential for successfully integrating RE into countries’ energy streams. It reveals that production-based support mechanisms are better for supporting RE projects than investment-based support systems, and identifies the fixed and premium feed-in tariff models as tested reliable support mechanisms. It recommends that jurisdictions should adjust these models alongside energy efficiency to suit their peculiarities, and government interference with RE policy should be moderate, mainly focusing on setting predictable legal and investment conditions and providing incentives. It concludes that jurisdictions should give closer attention to the design of processes underpinning support mechanisms, rather than the choice of support mechanisms they eventually employ.
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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)
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