Table of Contents

Ocean Law Reform: A Multi-Level Comparative Law Analysis of Nigerian Maritime Zone Legislation

Aldo Chircop, Dalhousie University - Schulich School of Law
David Dzidzornu, Dalhousie University - Marine and Environmental Law Institute
Chidi Oguamanam, University of Ottawa - Common Law Section

The Influence of Cooperative Relations of Small Businesses on Environmental Protection Intensity

Sonia Benito�Hernández, Universidad Politécnica de Madrid
Manuel Platero�Jaime, Universidad Europea de Madrid
Pablo Esteban-Sánchez, Universidad Europea de Madrid

Reevaluating the Role of Acquisition-Based Strategies in the Greater Historic Preservation Movement

Jess R. Phelps, USDA

Reconstituting the Federalism Battle in Energy Transportation

Alexandra B. Klass, University of Minnesota Law School
Jim Rossi, Vanderbilt University - Law School


ENVIRONMENTAL LAW & POLICY eJOURNAL

"Ocean Law Reform: A Multi-Level Comparative Law Analysis of Nigerian Maritime Zone Legislation" Free Download
Marine Policy 67 (2016) 60-75

ALDO CHIRCOP, Dalhousie University - Schulich School of Law
Email:
DAVID DZIDZORNU, Dalhousie University - Marine and Environmental Law Institute
Email:
CHIDI OGUAMANAM, University of Ottawa - Common Law Section
Email:

Recently, Nigeria introduced a Bill in the House and Senate that aims at modernizing its maritime zone legislation to enable it to maximize benefits it has received from the United Nations Convention on the Law of the Sea, 1982. Although Nigeria has been a party to the Convention for many years, the legislative initiative was triggered only recently by a mixture of events, including a submission to the Commission on the Limits of the Continental Shelf and the delimitation of maritime boundaries and adoption of joint development zones with neighboring States, including the implementation of a judgment of the International Court of Justice. This article discusses how a comparative law approach to law reform was used by benchmarking Nigeria's legislative initiative against its treaty rights and obligations and the maritime legislation of selected States in the region and elsewhere. The regional spread of the comparator jurisdictions is important, as are the impacts of national socio-economic circumstances and constitutional and political structure on the character and philosophy of legislative drafting and the prospects of its effective enforcement. The analysis identifies that the Nigeria reform stands to influence and encourage similar legislative changes among the East and West African regional seas littorals, thereby to likely enhance cooperative governance and regulation of ocean use in both regions.

"The Influence of Cooperative Relations of Small Businesses on Environmental Protection Intensity" Fee Download
Business Ethics: A European Review, Vol. 25, Issue 4, pp. 416-439, 2016

SONIA BENITO�HERN�NDEZ, Universidad Politécnica de Madrid
MANUEL PLATERO�JAIME, Universidad Europea de Madrid
PABLO ESTEBAN-SĂ?NCHEZ, Universidad Europea de Madrid

This study examines the relationship between cooperative business relations in small businesses (fewer than 50 employees) and environmental protection, one of the most important policies of social responsibility in manufacturing. We reviewed the literature and carried out an empirical study of 930 small manufacturing firms in Spain. Results indicate that small businesses that maintain and improve their cooperative relations through business networking with universities, competitors, suppliers and customers spend more on environmental protection. The managerial, practical, research and policy implications of the obtained research findings are discussed.

"Reevaluating the Role of Acquisition-Based Strategies in the Greater Historic Preservation Movement" Free Download
Virginia Environmental Law Journal, Vol. 34, No. 399, 2016

JESS R. PHELPS, USDA
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Historic preservation and land conservation advocates have traditionally had similar goals, organizational structures, and even somewhat comingled histories when it comes to their efforts to protect the built and natural environment. Despite these striking similarities, a meaningful gap in practice has developed as to how the disciplines approach their respective resource challenges. Land conservation groups largely default to acquisition-based strategies in order to ensure the perpetual protection of targeted conservation tracts – most commonly through the use of conservation easements. Historic preservation advocates, however, are much less likely to rely on acquisition – relying instead on regulatory controls, site-specific advocacy, and incentive payments. This Article explores the explanations for this divergence – institutional, structural, and financial. Ultimately, understanding the roots of how the land conservation and historic preservation movements have come to approach their work so differently can provide meaningful insight into both fields and provide a lens for exploring, in particular, the comparatively limited role that affirmative resource protection efforts play in modern preservation practice.

"Reconstituting the Federalism Battle in Energy Transportation" Free Download
Harvard Environmental Law Review, Forthcoming
University of Minnesota Law School, Legal Studies Research Paper Series, No. 16-27

ALEXANDRA B. KLASS, University of Minnesota Law School
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JIM ROSSI, Vanderbilt University - Law School
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This article explores the growing federalism tensions in efforts to expand the nation’s energy transportation infrastructure — the electric transmission lines, natural gas pipelines, natural gas import and export terminals and related infrastructure that power the U.S. electricity and transportation systems. It uses two illustrations — one involving an interstate electric transmission line (subject to state jurisdiction) and one involving and an interstate natural gas pipeline (subject to federal jurisdiction) — to highlight how the clear jurisdictional lines between federal and state authority over these projects created decades ago is no longer adequate for today’s energy needs. We believe that many of the recent efforts by states and federal agencies to re-draw these jurisdictional battle lines in the context of particular projects have been counterproductive. They have they encouraged interest groups to entrench their respective positions in favor of state or federal regulatory power. They also have thwarted comprehensive and efficient energy planning, and have stood in the way of greater integration of new technologies and more diverse energy resources. Ultimately, we conclude that federal regulators — which have historically been much more attuned to federal and national energy needs in making project siting decisions — must be more proactive in addressing state interests and concerns associated with multi-state energy transport projects in cases where federal siting authority trumps that of the states. Likewise, for projects where the states possess primary regulatory authority that acts as a potential veto point over projects that promote federal and regional energy needs, a more significant federal role in evaluating those federal and regional needs is warranted.

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ENVIRONMENTAL & NATURAL RESOURCES LAW EJOURNALS

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