Indigenous Rights Case Law Database from CEPMLP

Court Interpretation of Indigenous Agreements: Database

The Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP) – University of Dundee (Scotland)

http://www.dundee.ac.uk/cepmlp/mining/indigenous/

From the database description:

This database has been compiled from over 200 cases and articles from courts/tribunals in Australia, Canada, New Zealand and the United States of America. The decisions collated for the database are those that interpret or apply documents involving indigenous parties. The database records, for each decision:

  • a brief summary of the decision (including URL where available);
  • the details of the document(s) involving indigenous parties; and
  • a summary of the court’s/tribunal’s engagement with that document.

The database’s search function allows users to focus and find decisions and articles according to particular need. For example, if researching the relevance of fiduciary obligations in relation to indigenous agreements, the database allows quick collation of all materials relevant to that.

 

 

 

 

 

GNLU Journal of Law, Development and Politics

The Gujarat National Law University of India is publishing the GNLU Journal of Law, Development and Politics.

http://www.gnlu.ac.in/GJLDPAboutUs.htm

From the description:

The GNLU Journal of law, Development and Politics (GJLDP) is a biannual, interdisciplinary journal which focuses on law, development and politics; is published by the Editorial Board of Gujarat National Law University and is administered by faculty and students of the University. The purpose of GJLDP is to provide our readers with information on recent developments affecting laws, development and various political issues.

The Student Editors alongwith Faculty Editors and an Editor-in-Chief of GJLDP, research, edit, and cite check the submitted manuscripts. The Student Editors are chosen annually by the faculty editors of the Journal.


Hartwell Paper: A New Direction for Climate Change

The London School of Economics and Political Science recently released:  Hartwell Paper: A New Direction for Climate Change.

http://www.lse.ac.uk/collections/mackinderProgramme/theHartwellPaper/

From the Executive Summary:

Climate policy, as it has been understood and practised by many governments of the world under the Kyoto Protocol approach, has failed to produce any discernable real world reductions in emissions of greenhouse gases in fifteen years. The underlying reason for this is that the UNFCCC/Kyoto model was structurally flawed and doomed to fail because it systematically misunderstood the nature of climate change as a policy issue between 1985 and 2009. However, the currently dominant approach has acquired immense political momentum because of the quantities of political capital sunk into it. But in any case the UNFCCC/Kyoto model of climate policy cannot continue because it crashed in late 2009. The Hartwell Paper sets and reviews this context; but doing so is not its sole or primary purpose.

The crash of 2009 presents an immense opportunity to set climate policy free to fly at last. The principal motivation and purpose of this Paper is to explain and to advance this opportunity. To do so involves understanding and accepting a startling proposition. It is now plain that it is not possible to have a ‘climate policy’ that has emissions reductions as the all encompassing goal. However, there are many other reasons why the decarbonisation of the global economy is highly desirable. Therefore, the Paper advocates a radical reframing – an inverting – of approach: accepting that decarbonisation will only be achieved successfully as a benefit contingent upon other goals which are politically attractive and relentlessly pragmatic.

The Paper therefore proposes that the organising principle of our effort should be the raising up of human dignity via three overarching objectives: ensuring energy access for all; ensuring that we develop in a manner that does not undermine the essential functioning of the Earth system; ensuring that our societies are adequately equipped to withstand the risks and dangers that come from all the vagaries of climate, whatever their cause may be.

It explains radical and practical ways to reduce non-CO2 human forcing of climate. It argues that improved climate risk management is a valid policy goal, and is not simply congruent with carbon policy. It explains the political prerequisite of energy efficiency strategies as a first step and documents how this can achieve real emissions reductions. But, above all, it emphasises the primacy of accelerating decarbonisation of energy supply. This calls for very substantially increased investment in innovation in non-carbon energy sources in order to diversify energy supply technologies. The ultimate goal of doing this is to develop non-carbon energy supplies at unsubsidised costs less than those using fossil fuels. The Hartwell Paper advocates funding this work by low hypothecated (dedicated) carbon taxes. It opens discussion on how to channel such money productively.

To reframe the climate issue around matters of human dignity is not just noble or necessary. It is also likely to be more effective than the approach of framing around human sinfulness –which has failed and will continue to fail.

Tokyo Metropolitan Government Greenhouse Gas Emissions Program

Japan Times published an article on Tokyo’s new greenhouse gas emissions regime:

Tokyo’s CO2 cap-and-trade may set national standard.

by Maya Kaneko

Japan Times, Thursday , April 8th.

http://search.japantimes.co.jp/cgi-bin/nn20100408f2.html

Financial Times also has an article on Tokyo’s new program.

Excerpts from the Japan Times article:

Under the leadership of Gov. Shintaro Ishihara, Tokyo aims to slash its carbon dioxide and other heat-trapping gas emissions by 25 percent compared with 2000 levels by 2020. The program caps energy-related carbon dioxide emissions from some 1,330 offices and factories in the capital and allows for trading of emissions credits.

About 1,330 offices, commercial buildings and factories that annually consume the crude oil equivalent of more than 1,500 kiloliters of energy will be required to cut total carbon dioxide emissions over the fiscal 2010-2014 period by 6 percent to 8 percent from base-year levels.

Base-year levels are calculated from average emissions over a past period of three consecutive years between fiscal 2002 and 2007. Office buildings face an 8 percent target and factories are subject to a 6 percent goal.

In the fiscal 2015-2019 second phase, they will be required to slash emissions by 17 percent from their base-year levels.

To meet the targets, offices and factories can either make efforts on their own, such as updating to energy-saving equipment, or purchase emissions credits from other entities that have reduced their carbon dioxide output by more than the obligated levels in a system known as cap and trade.

They can also buy credits earned through reduction efforts by small and medium-size companies in Tokyo and the entities’ large-scale branch offices outside the capital. Renewable energy certificates issued by power generators can be also purchased.

Life Cycle Thinking and Assessment

The European Commission has created a Web site devoted to the environmental impact of designing, manufacturing, and disposing of products, services, and energy. The site includes publications and a glossary. Life cycle information impacts agriculture, manufacturing, energy, waste management, constriction, and retail sales.

Life Cycle Thinking and Assessment

http://lct.jrc.ec.europa.eu/index_jrc

From the description

Life Cycle Thinking (LCT) seeks to identify possible improvements to goods and services in the form of lower environmental impacts and reduced use of resources across all life cycle stages. This begins with raw material extraction and conversion, then manufacture and distribution, through to use and/or consumption. It ends with re-use, recycling of materials, energy recovery and ultimate disposal.

The key aim of Life Cycle Thinking is to avoid burden shifting. This means minimising impacts at one stage of the life cycle, or in a geographic region, or in a particular impact category, while helping to avoid increases elsewhere. For example, saving energy during the use phase of a product, while not increasing the amount of material needed to provide it.

Taking a life cycle perspective requires a policy developer, environmental manager or product designer to look beyond their own knowledge and in-house data. It requires cooperation up and down the supply chain. At the same time, it also provides an opportunity to use the knowledge that has been gathered to gain signicant economic advantages.

Journal of Emerging Knowledge in Emerging Markets

New journal: “Journal of Emerging Knowledge in Emerging Markets.” Articles from Volume 1 are available full-text online:

http://www.icainstitute.org/ojs/index.php/working_papers/index

You are invited to submit your empirically based or conceptual works in progress related to the rise of emerging economies, in particular China and India, and their impact on global markets, global resources and geopolitics of the world. The following topics are of particular interest:

Agriculture and Food Sciences
Corporate Social Responsibility
Education
Emerging Markets
Energy
Environment & Conservation
Global Compliance and Global Transactions
Healthcare and Life Sciences
Information and Communication Technology
Innovation
Logistics & Transportation
Manufacturing
Media and Entertainment
Policy Analysis
Retail
Security
Strategic Sourcing
Trade & Finance

New Journal: Climate and Development

Earthscan has released a new peer-reviewed journal: “Climate and Development.” 

Published in partnership with the Global Change System for Analysis, Research and Training (START), and supported by the Swedish International Development Cooperation Agency (SIDA)

Unfortunately, the cost is $608 for U.S. institutions. Some free content from Voulme 1, Issue 1 is currently available on the journal Web site: 

Climate and Development

http://www.earthscan.co.uk/?tabid=29957

hat tip to Joan Policastri.

Ecosystem Marketplace

The Ecosystem Marketplace is a Web site devoted to information on environmental and climate change markets. The “library” link includes the following resources: latest laws, reports, whitepapers, articles, presentations, case studies, and books. The site also has a blog (EcoEko).

Ecosystem Marketplace

http://ecosystemmarketplace.com/index.php

From the Web site description:

The Ecosystem Marketplace seeks to become the world’s leading source of information on markets and payment schemes for ecosystem services; services such as water quality, carbon sequestration and biodiversity. We believe that by providing solid and trust-worthy information on prices, regulation, science, and other market-relevant issues, markets for ecosystem services will one day become a fundamental part of our economic and environmental system, helping give value to environmental services that have, for too long, been taken for granted.

China Green from Asia Society

China Green, from the Asia Society, provides videos, photographs and graphics on climate change, energy policy, sustainability, and environmental conditions in China.

From the Web site’s description page: 

China Green, a multimedia enterprise, will document China’s environmental issues now and for years to come and will strive to serve as a web forum where people with an interest in China and its environmental challenges can find interesting visual stories and share critical information about the most populous nation in the world whose participation in the solution to global environmental problems, such as climate change, will be indispensable.

China Green

http://sites.asiasociety.org/chinagreen/

Climate Disclosure Standards Board (CDSB) Reporting Framework

Climate Disclosure Standards Board is a NGO of major accounting firms, business groups and environmental organizations that studies how to account for carbon usage and climate change initiatives on financial reports and statements.

Climate Disclosure Standards Board (CDSB) website                       http://www.cdsb-global.org/

CDSB Reporting Framework                                                                     http://www.cdsb-global.org/uploads/pdf/CDSB_Reporting_Framework.pdf

From the report’s introduction:

CSDB is a consortium of business and environmental organizations formed for the purpose of jointly advocating a generally-accepted international framework for companies to disclose information about climate change-related risks and opportunities, carbon footprints, carbon reduction strategies, and their implications for shareholder value.

This Exposure Draft offers CDSB’s proposed Reporting Framework for public consultation. The Framework is designed on a principles-based model which aims to find the right balance between rules and principles, thus allowing flexibility for judgment to be exercised by management on those aspects of climate change they consider most likely to affect the economic performance and prospects of their company. The principles-based model also allows for management’s view to be balanced against the demand by users of information for greater consistency of disclosure. Whereas many initiatives that collect information about climate change focus on the essential matter of what should be reported, CDSB also focuses on how reporting can provide investors with information that is more useful to their decision making, (“decision-useful” information), by aligning its proposed Reporting Framework to existing relevant principles and objectives of financial reporting. In the process of continuous improvement that characterizes principles-based frameworks, CDSB aims to work toward the position reflected in its proposed Reporting Framework where decision-useful climate change-related disclosure is made in mainstream financial reports.

CDSB’s objectives are to:

• Respond to the demand for information about how climate change affects or is likely to affect the economic performance and prospects of companies;

• Elicit disclosures in mainstream financial reports that can be integrated into investor analyses for the enhanced efficiency of capital allocation;

• Provide business with greater certainty on how to respond to demands for information about climate change;

• Align the needs of information preparers and investors by connecting financial and non-financial business reporting through a focus on how climate change affects value creation;

• Harmonize corporate climate change-related disclosure to form the common approach that is necessary for comparability and for the implementation of policies under discussion through the UN Framework Convention on Climate Change (UNFCCC) negotiations; and

• Provide conceptual and practical input into deliberations by regulatory agencies contemplating the introduction or development of requirements on corporate climate change-related disclosure.