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Essential Readings in Environmental Law LOCAL GOVERNMENTS
Essential Readings in Environmental Law IUCN Academy of Environmental Law (www.iucnael.org) LOCAL GOVERNMENTS (CITIES) IN THE PURSUIT OF SUSTAINABILITY: GOVERNANCE PERSPECTIVES AND ENVIRONMENTAL LAW Anél du Plessis (assisted by Henning Coetzee), North-West University, South Africa Overview of Key Scholarship 1. Bouteligier, S., Cities, Networks, and Global Environmental Governance: Spaces of Innovation, Places of Leadership (Routledge: 2012). 2. Richardson, B., ,(ed): Climate Change Law: Environmental Regulation in Cities and other Localities (Edward Elgar Publishing: 2012). 3. Betsill, M. M. and H. Bulkeley, ‘Cities and the Multilevel Governance of Global Climate Change’ (2006) 12(2) Global Governance 141-159. 4. Richardson, B.,‘Environmental Law in Postcolonial Societies: Straddling the Local- Global Institutional Spectrum’ (2000) Colorado Journal of International Environmental Law and Policy 1-82 5. Verschuuren, J., ‘Hydraulic Fracturing and Environmental Concerns: The Role of Local Government’ (2015) Journal of Environmental Law 1-27 6. Aust, H. P., ‘Auf dem Weg zu einem Recht der globalen Stadt? „C40“ und der „Konvent der Bürgermeister“ im globalen Klimaschutzregime’, Zeitschrift für ausländisches öffentliches Recht und Völkerrecht 73 (2013) 673-704 7. Du Plessis, A., ‘A Role for Local Government in Global Environmental Governance and Transnational Environmental Law from a Subsidiarity Perspective’ Comparative and International Law Journal of Southern Africa (2015) 1-36 (in press) 8. Evans, B. et al, Governing Sustainable Cities (Earthscan: 2005) 9. Satterthwaite, D., (ed), The Earthscan Reader in Sustainable Cities (Earthscan: 1999) Background It is frequently claimed that we live in an urban age. According to UN figures, for the first time in history, more than half of the world’s population is living in cities and this figure is expected to increase to two-thirds by 2030. -
Natural Persons, Juridical Persons and Legal Personhood
Esta revista forma parte del acervo de la Biblioteca Jurídica Virtual del Instituto de Investigaciones Jurídicas de la UNAM www.juridicas.unam.mx http://biblio.juridicas.unam.mx exican M Review aw L New Series V O L U M E VIII Number 1 NATURAL PERSONS, JURIDICAL PERSONS AND LEGAL PERSONHOOD Elvia Arcelia QUINTANA ADRIANO* ABSTRACT. The study of commercial law can be divided into four basic ca- tegories: (a) individuals (natural persons); (b) objects of commerce; (c) legal instruments and (d) administrative and legal procedures. Business relations bet- ween individuals and business entities requires significant legal documentation, including atypical or nonstandard business contracts. A central feature of all business transactions is the “legal entity”, used by organizations worldwide to conduct business. In order for many businesses to carry out routine activities, they must have many of the same legal rights and responsibilities as natural persons. In a word, these entities require “legal personhood”. Which leads us to the question of Legitimation. The most widely used legal instruments are nons- tandardized business contracts. In essense, this is the delineation of contracting parties as entities with well-defined rights and obligations. This authority de- pends, in turn, on the legitimacy of the “personhood” of the contracting parties, which is often a point of dispute in business relations. Regardless of whether one accepts the use of terms “legal entity” and “legal personhood”, they often give rise to immeasurable and diverse conflicts domestically, regional and at global level. This had led to efforts to improve the rules of the International Chamber of Commerce and improve legal models that provide guidance to di- verse nations. -
Property Rights As a Key to Environmental Protection
Pace Environmental Law Review Volume 22 Issue 1 Spring 2005 Article 3 April 2005 Thinking Outside the Box: Property Rights as a Key to Environmental Protection Robert H. Cutting Lawrence B. Cahoon Follow this and additional works at: https://digitalcommons.pace.edu/pelr Recommended Citation Robert H. Cutting and Lawrence B. Cahoon, Thinking Outside the Box: Property Rights as a Key to Environmental Protection, 22 Pace Envtl. L. Rev. 55 (2005) Available at: https://digitalcommons.pace.edu/pelr/vol22/iss1/3 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Environmental Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. Thinking Outside the Box: Property Rights as a Key to Environmental Protection ROBERT H. CUTTING and LAWRENCE B. CAHOON* Professor Oliver Houck wrote in Science that the promise of in- corporating objective science into environmental law and policy has been subverted by the political system. We offer a solution based on the property rights of receptors of pollutants, rather than the current focus on the rights of the "generators"of pollu- tion. Environmental law must require internalization of all costs to the generator,as demanded by market economics, which is difficult given the vast gaps in data (the Data Deficit). The burden should be placed on the generator to quantify and to demonstrate scientifically containment of all trans-boundary ef- fects. The present systems effectively subsidize polluters by per- mitting them to deposit waste into public and private property and to use the population as test subjects while unconstitution- ally taking their property rights. -
Sustainable Design and Green Building Toolkit for LOCAL GOVERNMENTS
Sustainable Design and Green Building Toolkit FOR LOCAL GOVERNMENTS EPA 904B10001 | June 2010 Disclaimer The Sustainable Design and Green Building Toolkit for Local Governments (Toolkit) is not intended to provide guidance on local government codes/ordinances. The information here, however, can help communities evaluate their existing codes/ordinances and apply the information to create more environmentally, economically, and socially sustainable communities. The U.S. Environmental Protection Agency (EPA) cannot attest to the accuracy of non- EPA Web sites provided in the Toolkit. Providing references to non-EPA Web sites, companies, services, or products does not constitute an endorsement by EPA or any of its employees of the sponsors of the site or the information or products presented. Furthermore, EPA does not accept any responsibility for the opinions, ideas, data, or products presented at non-EPA Web sites, or guarantee the validity of the information provided. Cover credits: Top row of photos courtesy of Loren Heyns with Neighborhood.org. Bottom photo courtesy of Neighborhood.org. Sustainable Design and Green Building Toolkit for Local Governments i Acknowledgments The U.S. Environmental Protection Agency (EPA) is grateful for the invaluable assistance of a number of organizations and individuals who helped develop the Sustainable Design and Green Building Toolkit for Local Governments (Toolkit). Approximately 40 individuals contributed to the development of the Toolkit by participating in a March 2009 workshop hosted by the Southface Energy Institute in Atlanta, Overcoming Barriers to Green Permitting: Tools for Local Governments. The workshop was facilitated by Michael Elliott, Director of Research, Consortium on Negotiation and Conflict Resolution, Georgia Institute of Technology. -
The Use and Limits of Suspense Accounts
KEY POINTS Feature Suspense accounts can maximise a creditor’s recoveries in a liquidation. To be effective a creditor should refrain from appropriating sums in such an account towards the outstanding debts until it has exhausted its other remedies. A suspense account will not assist a creditor to prove against a principal debtor for the entire amount owed where a surety’s obligations extend to part of a debt only and the surety has discharged that part. Author Matthew Padian Keeping it in suspense – the use and limits of suspense accounts Suspense accounts commonly feature in guarantees and security documents. They Conversely, if the lender credits £50 allow a creditor to credit partial payments from a surety, or from realising assets recovered from the guarantor to a suspense subject to security from a surety, to a suspense or “securities realisation” account. account, the lender can prove for £100 in The account represents a fund to which the creditor can resort, but without any the borrower’s liquidation. Assuming the obligation to do so until it has recovered all debts in full. This enables a creditor liquidation dividends are still 50 pence for to prove for the full amount owed in a liquidation of the principal debtor where a each £1 of debt, the lender will recover £50, shortfall is anticipated, thereby improving the prospects of a full recovery. meaning a total recovery of £100 once it uses the sum in the suspense account. The lender therefore achieves a full recovery. In this article we take a closer look at right to do so. -
Fordham Journal of Corporate & Financial
Fordham Journal of Corporate & Financial Law Volume 14 Issue 1 Article 3 2008 Approaching Comparative Company Law David C. Donald Follow this and additional works at: https://ir.lawnet.fordham.edu/jcfl Part of the Banking and Finance Law Commons, and the Business Organizations Law Commons Recommended Citation David C. Donald, Approaching Comparative Company Law , 14 Fordham J. Corp. & Fin. L. 83 (2008). Available at: https://ir.lawnet.fordham.edu/jcfl/vol14/iss1/3 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Journal of Corporate & Financial Law by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. APPROACHING COMPARATIVE COMPANY LAW David C. Donald∗ ABSTRACT This Article identifies several common errors that occur in comparative law analyses, offers guidelines to help avoid such errors, and provides a framework for studying the company laws of three major jurisdictions. Part I discusses some of the problems that can arise in comparative law and offers a few points of caution that can be useful for practical, theoretical and legislative comparative law. Part II examines well-known examples of comparative analysis gone astray in order to demonstrate the utility of heeding the outlined points of caution. Part III provides an example of using functional definitions to demarcate the topic “company law,” offering an “effects” test to determine whether a given provision of law should be considered as functionally part of the rules that govern the core characteristics of companies. -
Introduction to International Financial Law (Ll206)
INTRODUCTION TO INTERNATIONAL FINANCIAL LAW (LL206) Course duration: 54 hours lecture and class time (Over three weeks) Summer School Programme Area: Law LSE Teaching Department: Department of Law Lead Faculty: Dr Philipp Paech (Dept. of Law) Pre-requisites: Introduction to legal methods or equivalent. No specific knowledge of financial markets is required. However, students from other disciplines need to familiarise with a number of fundamental concepts, such as property, contract and insolvency, before joining the course. Course description and learning outcome: (© Dr Philipp Paech) Introduction to International Financial Law (LL206) concerns the commercial, property and insolvency law aspects of international financial transactions. It addresses questions such as ‘How is a loan contract structured, and what are its effects on the parties?’, ‘What are the legal elements of derivatives?’, and ‘How can parties mitigate their financial risk through collateral and netting in an international setting?’. In short, this course explains how financial institutions make money from entering and subsequently dispersing financial risk on an 1 international scale. The course LL206 is therefore different from, but complimentary to, the course LL207 on International Financial Regulation, which rather concerns the limits to that activity set by the states for the common good. The first part of the course (1 lecture) is will introduce students to the financial market. The lecture explores who the different players are, their goals and business models, the types of transactions they use to achieve these goals, and the role of the law and of regulation. The academic analysis of this complex picture results in a surprising finding – there are only very few basic transaction types but they come in different guises and under different names. -
Building an Environmental Ethic from the Ground Up
Building an Environmental Ethic from the Ground Up Alyson C. Flournoy* TABLE OF CONTENTS IN TRODUCTION ............................................................................................. 54 I. UNEARTHING THE ETHICS EMBEDDED IN ENVIRONMENTAL LAW ..... 56 A. W here Are W e Headed? ............................................................ 56 B. How Have We Come So Far Without Knowing Where We Are Headed ?................................................................................... 57 C. What Can We Gain from Unearthing the Ethics in Environmental Law ? ................................................................ 62 II. BUILDING AN ETHIC FROM THE GROUND UP ................................... 67 A. Towards a New Ethical Discourse: Stepping Stones ............... 70 B. Sustainabilityas a Stepping Stone............................................ 72 C O N CLUSION ................................................................................................. 79 Professor, University of Florida, Levin College of Law. This paper was presented during the Symposium on "Environmental Ethics and Policy: Bringing Philosophy Down to Earth," University of California, Davis School of Law, April 4, 2003. I am grateful to all the participants in the Symposium for their questions and suggestions. Christopher Stone, in particular, raised some thought-provoking questions that challenged me to clarify my thinking. University of California, Davis [Vol. 37:53 INTRODUCTION Over the last twenty years there has been a remarkable theoretical -
Environmental Law for Sustainability Stepan Wood Osgoode Hall Law School of York University, [email protected]
Osgoode Hall Law School of York University Osgoode Digital Commons Articles & Book Chapters Faculty Scholarship 2006 Environmental Law for Sustainability Stepan Wood Osgoode Hall Law School of York University, [email protected] Benjamin J. Richardson Osgoode Hall Law School of York University Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/scholarly_works Recommended Citation Wood, Stepan, and Benjamin J. Richardson. "Environmental Law for Sustainability." Richardson, Benjamin J., and Stepan Wood, eds. Environmental Law for Sustainability. Oxford, UK: Hart Publishing, 2006. ISBN: 1841135445 This Book Chapter is brought to you for free and open access by the Faculty Scholarship at Osgoode Digital Commons. It has been accepted for inclusion in Articles & Book Chapters by an authorized administrator of Osgoode Digital Commons. ch-01.qxd 1/7/2006 11:30 AM Page 1 1 Environmental Law for Sustainability BENJAMIN J. RICHARDSON* AND STEPAN WOOD** A. Introduction Some 40 years into the ‘modern’ environmental era, how much closer is humankind to an ecologically and socially sustainable relationship with its envi- ronment, and what role can environmental law, in all its various forms, play in securing such a relationship? These are the central questions addressed by this book. The answer to the first question remains sobering despite several decades of efforts at environmental regulation. There have been notable successes, espe- cially in the advanced industrialised countries, but in the past five decades envi- ronmental -
Putting the Law Back Into Environment Law Environment
DigitalCommons@NYLS Articles & Chapters Faculty Scholarship 1999 Putting the Law Back into Environment Law Environment David Schoenbrod New York Law School, [email protected] Follow this and additional works at: https://digitalcommons.nyls.edu/fac_articles_chapters Recommended Citation 22 Regulation 17 (1999) This Article is brought to you for free and open access by the Faculty Scholarship at DigitalCommons@NYLS. It has been accepted for inclusion in Articles & Chapters by an authorized administrator of DigitalCommons@NYLS. ENVIRONMENT Protect the environment instead of the bureaucracy Putting the "Law"Back into Environment Law BY DAVID SCHOENBROD MERICA'S MODERN ADMINISTRATIVE STATE HAS done a terrible job with pollution control. True, the environment is much cleaner, but pollution was being reduced as quickly before the adminis- trative state took over in the early 1970s as afterwards, as Indur Goklany has shown. The earlier progress was made through a combination of private action, common law, and ad hoc regulation, mostly at the state and local level. What the adminis- trative state added was comprehensive, command-and-control management from on high. The result is an intrusive, inflexible system that bureaucratizes all life that it touch- administrative state is such an ugly thing despite the well es, yet has left the public more anxious about pollution intentioned dreams and sense of superiority of those of than ever. Such anxiety fuels the growing power of the us who spawned it. Finally, I argue that we can preserve administrative state. much of what is beautiful about the common law in a The state's perversities have prompted some to argue system of pollution control that can work, and has for a return to the common law as the way to control pol- worked, in the modern world. -
Legal Origins and Modern Stock Markets
ISSN 1045-6333 HARVARD JOHN M. OLIN CENTER FOR LAW, ECONOMICS, AND BUSINESS LEGAL ORIGINS AND MODERN STOCK MARKETS Mark J. Roe Discussion Paper No. 563 11/2006 Harvard Law School Cambridge, MA 02138 This paper can be downloaded without charge from: The Harvard John M. Olin Discussion Paper Series: http://www.law.harvard.edu/programs/olin_center/ The Social Science Research Network Electronic Paper Collection: http://papers.ssrn.com/abstract_id=9089872 This paper is also a discussion paper of the John M. Olin Center’s Program on Corporate Governance JEL Classifications: D21, G30, G34, L21, K4, K22 Legal Origins and Modern Stock Markets (forthcoming in Harvard Law Review, Volume 120) Mark J. Roe* Abstract Legal origin — civil vs. common law — is said in much modern economic work to determine the strength of financial markets and the structure of corporate ownership, even in the world’s richer nations. The main means are thought to lie in how investor protection and property protection connect to civil and common law legal origin. But, I show here, although stockholder protection, property rights, and their supporting legal institutions are quite important, legal origin is not their foundation. Modern politics is an alternative explanation for divergent ownership structures and the differing depths of securities markets in the world’s richer nations. Some legislatures respect property and stock markets, instructing their regulators to promote financial markets; some do not. Brute facts of the twentieth century — the total devastation of many key nations, wrecking many of their prior institutions — predict modern postwar financial markets’ strength well and tie closely to postwar divergences in politics and policies in the world’s richest nations. -
TOP LAW SCHOOLS Environmental Law
TOP LAW SCHOOLS Environmental Law Environmental law: earthly matters Let’s be frank. Colonizing Mars is not really an option. But we’ve got a pretty special planet right here. It has oxygen, water and the NBA, which is why we need to keep it humming. Many people are being drawn to envi- ronmental law. It focuses on protecting our natural resources. And climate change is affecting our lives in major ways, with experts saying that the recent wildfires in California, the deadliest ever, were fueled in part by atmospheric warming. To see how much this has become a part of our national consciousness, one only has to look at law schools. Many have excellent environmental law programs. Indeed, the number of schools receiving an A+ stands at 14. Another 22 got an A grade. conservationist. UNIVERSITY OF UTAH’S Environmental law Two of the best are on opposite sides of University of Utah also created the Green professor Lincoln Davies with students. the country. Vermont Law School in South Team, which works to make the law school, Royalton, Vt., and Lewis & Clark Law as well as the community, more sustainable. School in Portland, Ore., consistently lead a The environmental law clinic at Golden Francisco worked with clients in a his- host of rankings, our publication’s included. Gate University School of Law in San torically African-American community on Lewis & Clark has 32 environmental law courses. Among its faculty is Pamela Frasch, a pioneer in animal law who co-authored the premier American casebook in the field, “Animal Law: Cases and Materials.” Students can get key practical-training experience in the school’s Earthrise Law Center legal clinic.