Mapping the New Commons
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THE POLLUTER PAYS PRINCIPLE and the REMEDIATION of LAND Emma Lees* Keywords: Contamination, Environmental Liability, Polluter Pa
THE POLLUTER PAYS PRINCIPLE AND THE REMEDIATION OF LAND Emma Lees* Keywords: contamination, environmental liability, polluter pays principle Abstract The Environmental Liability Directive attempts to provide a harmonising framework for liability for environmental damage within the European Union on the basis of the polluter pays principle. This article considers legislation in place in the Member States which sit alongside provisions based on the ELD. It shows that such regimes rely on different models for liability, which require, in turn, fundamentally different understandings as to how the polluter pays principle can work as a principle of liability. It considers provisions in place in Denmark, the United Kingdom, the Walloon Region, the Netherlands, and Germany. The differences between these systems are not differences of degree, nor are they mere technicalities, rather they represent a significant challenge not only to the goals of the ELD, but to the principles underpinning it. By undertaking a comparative analysis of these systems, it becomes clear not only that the ELD sits uncomfortably with these “parallel” provisions, but also that this discomfort is not only one of overlapping and complex legislative provisions, but rather one of underlying justification for liability. ‘The purpose of the Environmental Liability Directive (“ELD”) is to establish a framework of environmental liability, based on the ‘polluter-pays’ principle, to prevent and remedy environmental damage’ (European Commission, 2006, p. 1; A. Waite, 2006, p. 67). This goal is threatened by the variation in Member State liability for remediation of land which sits alongside the ELD in the Member States. When the legislation in Member States relating to contaminated land is examined, it becomes clear that the Member States prefer to extend liability beyond the liability of the polluter. -
A NEW VISION of the KNOWLEDGE ECONOMY Brian Chi-Ang Lin National Chengchi University
A NEW VISION OF THE KNOWLEDGE ECONOMY Brian Chi-ang Lin National Chengchi University Abstract. To date, more than half of the output in the major OECD countries has been knowledge based. This paper argues, however, that the current growth- oriented exposition of the knowledge economy rooted in the conventional concept of free competition is insufficient for promoting the long-term development of human societies. Although we now live in a knowledge economy, most countries have been concurrently characterized by serious phenomena such as environmental degradation and growing economic inequality. The prospect of meeting global commitments, for instance, to reducing inequality, as outlined in the 1995 World Summit for Social Development in Copenhagen and endorsed in the United Nations Millennium Declaration, is bleak and the global society as a whole has become less and less sustainable. Indeed, the world is better seen as composed of numerous (but finite) knowledge economies. To take up the challenge of sustainable development of human societies, we have to develop a pluralistic perspective of the knowledge economy and fully acknowledge the characteristics of each unique knowledge system (such as indigenous knowledge possessed by a small tribe). Once we can help each individual knowledge system develop into a specific set of economic institutions that freely exchange concepts and beliefs with each other in a global environment, we will be able to develop a global economy that embodies a value-committed basis that assures a sustainable path of development on earth. Keywords. Economic inequality; Growth; Indigenous knowledge; Sustainable development; The knowledge economy There are changes in other spheres too which we must expect to come. -
Tragedy of the Commons : Th
tragedy of the commons : The New Palgrave Dictionary of Economics http://www.dictionaryofeconomics.com/article?id=pde2008_T000193&pr... tragedy of the commons Elinor Ostrom From The New Palgrave Dictionary of Economics, Second Edition, 2008 Edited by Steven N. Durlauf and Lawrence E. Blume Abstract ‘The tragedy of the commons’ arises when it is difficult and costly to exclude potential users from common-pool resources that yield finite flows of benefits, as a result of which those resources will be exhausted by rational, utility-maximizing individuals rather than conserved for the benefit of all. Pessimism about the possibility of users voluntarily cooperating to prevent overuse has led to widespread central control of common-pool resources. But such control has itself frequently resulted in resource overuse. In practice, especially where they can communicate, users often develop rules that limit resource use and conserve resources. Keywords collective action; common-pool resources; common property; free rider problem; Hardin, G.; open-access resources; private property; social dilemmas; state property; tragedy of the commons Article The term ‘the tragedy of the commons’ was first introduced by Garrett Hardin (1968) in an important article in Science. Hardin asked us to envision a pasture ‘open to all’ in which each herder received large benefits from selling his or her own animals while facing only small costs of overgrazing. When the number of animals exceeds the capacity of the pasture, each herder is still motivated to add more animals since the herder receives all of the proceeds from the sale of animals and only a partial share of the cost of overgrazing. -
Saving the Information Commons a New Public Intere S T Agenda in Digital Media
Saving the Information Commons A New Public Intere s t Agenda in Digital Media By David Bollier and Tim Watts NEW AMERICA FOUNDA T I O N PUBLIC KNOWLEDGE Saving the Information Commons A Public Intere s t Agenda in Digital Media By David Bollier and Tim Watts Washington, DC Ack n owl e d g m e n t s This report required the support and collaboration of many people. It is our pleasure to acknowledge their generous advice, encouragement, financial support and friendship. Recognizing the value of the “information commons” as a new paradigm in public policy, the Ford Foundation generously supported New America Foundation’s Public Assets Program, which was the incubator for this report. We are grateful to Gigi Sohn for helping us develop this new line of analysis and advocacy. We also wish to thank The Open Society Institute for its important support of this work at the New America Foundation, and the Center for the Public Domain for its valuable role in helping Public Knowledge in this area. Within the New America Foundation, Michael Calabrese was an attentive, helpful colleague, pointing us to useful literature and knowledgeable experts. A special thanks to him for improv- ing the rigor of this report. We are also grateful to Steve Clemons and Ted Halstead of the New America Foundation for their role in launching the Information Commons Project. Our research and writing of this report owes a great deal to a network of friends and allies in diverse realms. For their expert advice, we would like to thank Yochai Benkler, Jeff Chester, Rob Courtney, Henry Geller, Lawrence Grossman, Reed Hundt, Benn Kobb, David Lange, Jessica Litman, Eben Moglen, John Morris, Laurie Racine and Carrie Russell. -
Lifeboat Ethics: the Case Against Helping the Poor
Lifeboat Ethics: the Case Against Helping the Poor by Garrett Hardin, Psychology Today, September 1974 Environmentalists use the metaphor of the earth as a "spaceship" in trying to persuade countries, industries and people to stop wasting and polluting our natural resources. Since we all share life on this planet, they argue, no single person or institution has the right to destroy, waste, or use more than a fair share of its resources. But does everyone on earth have an equal right to an equal share of its resources? The spaceship metaphor can be dangerous when used by misguided idealists to justify suicidal policies for sharing our resources through uncontrolled immigration and foreign aid. In their enthusiastic but unrealistic generosity, they confuse the ethics of a spaceship with those of a lifeboat. A true spaceship would have to be under the control of a captain, since no ship could possibly survive if its course were determined by committee. Spaceship Earth certainly has no captain; the United Nations is merely a toothless tiger, with little power to enforce any policy upon its bickering members. If we divide the world crudely into rich nations and poor nations, two thirds of them are desperately poor, and only one third comparatively rich, with the United States the wealthiest of all. Metaphorically each rich nation can be seen as a lifeboat full of comparatively rich people. In the ocean outside each lifeboat swim the poor of the world, who would like to get in, or at least to share some of the wealth. What should the lifeboat passengers do? First, we must recognize the limited capacity of any lifeboat. -
Ecological Economics and Sustainable Development, Selected Essays of Herman Daly ADVANCES in ECOLOGICAL ECONOMICS Series Editor:Jeroen C.J.M
Ecological Economics and Sustainable Development, Selected Essays of Herman Daly ADVANCES IN ECOLOGICAL ECONOMICS Series Editor:Jeroen C.J.M. van den Bergh, ICREA Professor, Universitat Autònoma de Barcelona, Spain and Professor of Environmental and Resource Economics, Vrije Universiteit, Amsterdam, The Netherlands Founding Editor:Robert Costanza, Director, University of Maryland Institute for Ecological Economics and Professor, Center for Environmental and Estuarine Studies and Zoology Department, USA This important series makes a significant contribution to the development of the principles and practices of ecological economics, a field which has expanded dra- matically in recent years. The series provides an invaluable forum for the publica- tion of high quality work and shows how ecological economic analysis can make a contribution to understanding and resolving important problems. The main emphasis of the series is on the development and application of new original ideas in ecological economics. International in its approach, it includes some of the best theoretical and empirical work in the field with contributions to funda- mental principles, rigorous evaluations of existing concepts, historical surveys and future visions. It seeks to address some of the most important theoretical questions and gives policy solutions for the ecological problems confronting the global village as we move into the twenty-first century. Titles in the series include: Economic Growth, Material Flows and the Environment New Applications of Structural Decomposition Analysis and Physical Input–Output Tables Rutger Hoekstra Joint Production and Responsibility in Ecological Economics On the Foundations of Environmental Policy Stefan Baumgärtner, Malte Faber and Johannes Schiller Frontiers in Ecological Economic Theory and Application Edited by Jon D. -
Egan, Michael. "Subaltern Environmentalism in the United States: a Historiographic Review." Environment and History 8, No
The White Horse Press Full citation: Egan, Michael. "Subaltern Environmentalism in the United States: A Historiographic Review." Environment and History 8, no. 1 (February 2002): 21–41. http://www.environmentandsociety.org/node/3107. Rights: All rights reserved. © The White Horse Press 2002. Except for the quotation of short passages for the purpose of criticism or review, no part of this article may be reprinted or reproduced or utilised in any form or by any electronic, mechanical or other means, including photocopying or recording, or in any information storage or retrieval system, without permission from the publishers. For further information please see http://www.whpress.co.uk. Subaltern Environmentalism in the United States: A Historiographic Review MICHAEL EGAN1 Department of History Washington State University Pullman WA 99164-4030, USA Email: [email protected] ABSTRACT When a group of people is faced with both social and environmental subordina- tion, they are the victims of environmental injustice. This subordination is manifest in the disproportionate siting of environmental hazards in poor or minority communities and also in the inequitable distribution of ecological resources, both of which perpetuate the marginalisation of subaltern groups. At the heart of the environmental justice movement is a fight for the empowerment of subaltern groups, heretofore excluded from environmental decision-making. In recognising that the environmental health of their living spaces and families is critical to exacting any kind of improvement of their socioeconomic condi- tions, subaltern groups have added a dynamic new dimension to their social struggles. This counter-hegemonic struggle for ecological democracy is one of the fastest growing social movements in contemporary society, and requires the attention of environmental historians to situate it within the broader context of the history of environmentalism. -
Info Commons Development Task Force
Information Commons Development Task Force 2008 Recommendations For the Development of the Information Commons Services and Facilities At the University at Albany 2008 – 2010 By the Information Commons Development Task Force Greg Bobish, Jane Kessler, Chris Moore, Lorre Smith, Laura Ryan, and Robert Wachs March 10, 2008 1 Information Commons Development Task Force 2008 Introduction The Task Force charge is to provide ideas for development of the current Information Commons (IC) to allow evolution to the next generation. The Task Force was asked not to be overly constrained by resource limitations, but to provide ideas that may be used by the University Libraries and Information Technology Services to develop facilities, staff and services. The Task Force was encouraged to develop an expanded concept for the IC. The Task Force decided to look at IC‐related web pages at our peer institutions as well as look at additional Information and Learning Commons that featured services and facilities that were innovative. We used the InfoCommons‐L electronic discussion list to find IC sites and discover ideas through those discussions at the international level. We used survey data gathered from users in the University Libraries by the Reference Assessment Librarian during the fall of 2007. We also met with IC staff and asked them to tell us from their experiences what were successful services, what the users indicated that they liked, what problems users were having, and what they requested often that we are not currently offering. We searched the growing body of literature about Information Commons and Learning Commons and drew philosophical and pragmatic ideas from our results. -
A Citizen's Guide to Using Federal Environmental Laws to Secure
A Citizen’s Guide to Using Federal Environmental Laws to Secure Environmental Justice Copyright © 2002 Environmental Law Institute®, Washington, DC. All rights reserved. ISBN No. 1-58576-033-1. ELI Project No. 981624. An electronically retrievable copy (PDF file) of this report may be obtained for no cost from the Environmental Law Institute web site <www.eli.org>, click on “Publications” then “2002 Research Reports” to locate the file. [Note: ELI Terms of Use will apply and are available on site.] (Environmental Law Institute®, The Environmental Forum®, and ELR® – The Environmental Law Reporter® are registered trademarks of the Environmental Law Institute.) acknowledgement This project was supported by the Office of Environmental Justice of the U.S. Environmental Protection Agency under Assistance Agreement No. CR82675501. The views expressed herein should not be attributed to EPA nor should any official endorsement be inferred. table of contents Chapter 1. Introduction to Environmental Laws and Available Resources ...............................35 Environmental Justice Funding and Other Assistance for Public Participation. ..35 Other Grants . ......................... ......36 Introduction to Environmental Justice Issues.............1 Program Funding ..............................36 How Environmental Laws Can Help You to Protect Your Community ...............................3 How This Handbook Can Help You to Use Appendix A - Summary Descriptions of Selected Environmental Laws to Your Advantage...............4 Environmental Statutes..........................39 How This Handbook Is Organized, and What It Covers . 5 What This Handbook Does Not Cover.................6 Appendix B - Overview of Additional U.S. EPA Community Grant Programs .....................83 Chapter 2. Understanding the Players and the Laws Appendix C - Selected Other Environmental Justice Resources ...............................87 Identifying the Players..............................9 The U.S. -
Exclusivity and the Construction of Intellectual Property Markets
The Fable of the Commons: Exclusivity and the Construction of Intellectual Property Markets Shubha Ghosh* TABLE OF CONTENTS INTRODUCTION ................................................................................... 857 I. LOOKING BEYOND THE COMMONS: TURNING HIGH TRAGEDY INTO LOW DRAMA .................................................................... 860 A. The Fable of the Commons................................................. 861 B. Governing the Commons Through the Goals of Distributive Justice ............................................................ 864 II. THE DIMENSIONS OF DISTRIBUTIVE JUSTICE.............................. 870 A. Creators ............................................................................ 871 B. Creators and Users............................................................ 876 C. Intergenerational Justice.................................................... 879 III. DISTRIBUTIVE JUSTICE IN PRACTICE .......................................... 880 A. Fair Use: Allocating Surplus Among Creators and Users .. 881 B. Secondary Liability: Spanning Generational Divides......... 883 C. Antitrust: Natural and Cultural Monopolies and the Limits of Exclusivity in the Marketplace ............................ 886 D. Traditional Knowledge: Expanding Canons and the Global Marketplace ........................................................... 888 CONCLUSION....................................................................................... 889 * Professor of Law, Southern Methodist University, Dedman School -
Knowledge Commons
Working Paper No. 2018-39 December 2018 Knowledge Commons Forthcoming in Hudson, Blake, Rosenbloom, Jonathan, and Cole, Dan eds. Routledge Handbook of the Study of the Commons, Abingdon, UK: Routledge Michael J. Madison University of Pittsburgh – School of Law Katherine J. Strandburg New York University – School of Law Brett M. Frischmann Villanova University Charles Widger School of Law University of Pittsburgh School of Law 3900 Forbes Avenue Pittsburgh, Pennsylvania 15260-6900 Michael J. Madison Brett M. Frischmann Katherine J. Strandburg Email: [email protected] Email: [email protected] Email: [email protected] This paper can be downloaded without charge from the Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract=3300348 Electronic copy available at: https://ssrn.com/abstract=3300348 Knowledge Commons Michael J. Madison,* Brett M. Frischmann,** and Katherine J. Strandburg*** Forthcoming in Hudson, Blake, Rosenbloom, Jonathan, and Cole, Dan eds. Routledge Handbook of the Study of the Commons Abingdon, UK: Routledge. Draft of 31 August 2017 Abstract This chapter provides an introduction to and overview of the knowledge commons research framework. Knowledge commons refers to an institutional approach (commons) to governing the production, use, management, and/or preservation of a particular type of resource (knowledge). The research framework supplies a template for interrogating the details of knowledge commons institutions on a case study basis, generating qualitative data that may be used to support comparative analysis. I. Introduction This chapter provides an introduction to and overview of the knowledge commons research framework. Knowledge commons refers to an institutional approach (commons) to governing the production, use, management, and/or preservation of a particular type of resource (knowledge). -
A Framework for Analyzing the Knowledge Commons : a Chapter from Understanding Knowledge As a Commons: from Theory to Practice
Syracuse University SURFACE Libraries' and Librarians' Publications Libraries 2005 A Framework for Analyzing the Knowledge Commons : a chapter from Understanding Knowledge as a Commons: from Theory to Practice. Charlotte Hess Syracuse University Elinor Ostrom Indiana University Follow this and additional works at: https://surface.syr.edu/sul Part of the Communication Commons, and the Library and Information Science Commons Recommended Citation Hess, Charlotte and Ostrom, Elinor, "A Framework for Analyzing the Knowledge Commons : a chapter from Understanding Knowledge as a Commons: from Theory to Practice." (2005). Libraries' and Librarians' Publications. 21. https://surface.syr.edu/sul/21 This Book Chapter is brought to you for free and open access by the Libraries at SURFACE. It has been accepted for inclusion in Libraries' and Librarians' Publications by an authorized administrator of SURFACE. For more information, please contact [email protected]. A Framework for Analyzing the Knowledge Commons (Draft 12-2005) Chapter for the forthcoming book Understanding Knowledge as a Commons: From Theory to Practice (The authors’ names are reversed in the published version) Charlotte Hess and Elinor Ostrom Who hasn’t heard of the six blind men of Indostan encircled around an elephant?1 The six—one a political scientist, one a librarian, one an economist, one a law professor, one a computer scientist, and one an anthropologist—discover, based on their own investigations, that the object before them is a wall, spear, a snake, a tree, a fan, and a rope. The story fits well with the question that propelled this chapter: how can an interdisciplinary group of scholars best analyze a highly complex, rapidly evolving, elephantine resource such as knowledge? Trying to get one’s hands around knowledge as a shared resource is even more challenging when we factor in the economic, legal, technological, political, social and psychological components—each complex in their own right—that make up this global commons.