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Climate Change, Forests and Federalism

Climate Change, Forests and Federalism
Author: Evgeny Guglyuvatyy
Publisher:
Total Pages: 0
Release: 2022
Genre:
ISBN: 9789811907432

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Climate change is one of the most serious global challenges facing humankind. Climate change has enormous environmental and economic implications, and finding a solution is a daunting task. The purpose of this book is to look at the global problem of climate change through the prism of an individual country's attempt to tackle this problem. This book begins with a discussion of the origins of climate change and the evolution of the international response to climate change. Key climate change mitigation actions and policies are considered to provide the necessary framework for analysing Australia's approach to climate change. Australia's climate change policy development is considered from a historical perspective. The book traces the evolution of the response to climate change, focusing on Australia as one of the Federal countries unable to adequately reduce greenhouse gas emissions due to the systematic failure of the Australian government to develop a common and effective approach to the problem of climate change. The book will be of interest to scholars and students of environmental law and the contemporary International and Australian climate change law.


Navigating Climate Change Policy

Navigating Climate Change Policy
Author: Edella Schlager
Publisher:
Total Pages: 0
Release: 2011
Genre: Climatic changes
ISBN: 9780816530007

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This timely volume challenges the notion that because climate change is inherently a global problem, only coordinated actions on a global scale can lead to a solution. It considers the perspective that since climate change itself has both global and local causes and implications, the most effective policies for adapting to and mitigating climate change must involve governments and communities at many different levels. Federalism—the system of government in which power is divided among a national government and state and regional governments—is well-suited to address the challenges of climate change because it permits distinctive policy responses at a variety of scales. The chapters in this book explore questions such as what are appropriate relationships between states, tribes, and the federal government as each actively pursues climate-change policies? How much leeway should states have in designing and implementing climate-change policies, and how extensively should the federal government exercise its preemption powers to constrain state activity? What climate-change strategies are states best suited to pursue, and what role, if any, will regional state-based collaborations and associations play? This book examines these questions from a variety of perspectives, blending legal and policy analyses to provide thought-provoking coverage of how governments in a federal system cooperate, coordinate, and accommodate one another to address this global problem. Navigating Climate Change Policy is an essential resource for policymakers and judges at all levels of government who deal with questions of climate governance. It will also serve as an important addition to the curriculum on climate change and environmental policy in graduate and undergraduate courses and will be of interest to anyone concerned with how the government addresses environmental issues.


Fail-Safe Federalism and Climate Change

Fail-Safe Federalism and Climate Change
Author: Blake Hudson
Publisher:
Total Pages: 0
Release: 2012
Genre:
ISBN:

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Recent research demonstrates the difficulties that federal systems of government may present for international treaty formation, a prime example being legally binding treaties aimed at harnessing global forests to regulate climate change. Some federal constitutions, such as the U.S. and Canadian constitutions, grant subnational governments virtually exclusive direct forest management regulatory authority for non-federally owned forests. With subnational governments controlling sixty-five percent of forests in the United States and eighty-four percent in Canada, the U.S. and Canadian federal governments may be constrained during international negotiations and unable to legally bind subnational governments to any agreement prescribing methods of utilizing these forests to combat climate change. These constraints are especially important since these two countries control fifteen percent of the world's forests. Decentralized forest policy in the U.S. and Canada certainly provides valuable benefits. Yet constitutional decentralization in federal systems should be more effectively balanced with global forest governance if that mechanism for addressing climate change is to be preserved in its most flexible form. Though a binding agreement has yet to materialize, and other increasingly touted mechanisms may be utilized to tackle climate change, it is imperative that world governments maintain every legal and policy tool at their disposal to address the problem. A recent comparative constitutional analysis of five federal systems controlling fifty-four percent of global forests determined that the United States and Canada lack two of the three key elements of federal constitutional structure that best facilitate a federal nation's ability to enter into and successfully implement an international climate agreement including forests while also preserving the recognized benefits of decentralized forest policy. This Article addresses how these constitutional deficiencies might be remedied to achieve more effective climate and forest governance. In other words, the Article explores mechanisms for establishing “Fail-safe Federalism” for forest management in the United States and Canada, by first highlighting the domestic nuances of both constitutional structure and forest policy in the two countries and next assessing whether top-down, bilateral, horizontal, or transnational approaches are the most effective mechanisms for forging Fail-safe Federalism within each.


Climate Change, Forests and Federalism

Climate Change, Forests and Federalism
Author: Evgeny Guglyuvatyy
Publisher: Springer Nature
Total Pages: 96
Release: 2022-03-15
Genre: Law
ISBN: 9811907420

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Climate change is one of the most serious global challenges facing humankind. Climate change has enormous environmental and economic implications, and finding a solution is a daunting task. The purpose of this book is to look at the global problem of climate change through the prism of an individual country's attempt to tackle this problem. This book begins with a discussion of the origins of climate change and the evolution of the international response to climate change. Key climate change mitigation actions and policies are considered to provide the necessary framework for analysing Australia's approach to climate change. Australia's climate change policy development is considered from a historical perspective. The book traces the evolution of the response to climate change, focusing on Australia as one of the Federal countries unable to adequately reduce greenhouse gas emissions due to the systematic failure of the Australian government to develop a common and effective approach to the problem of climate change. The book will be of interest to scholars and students of environmental law and the contemporary International and Australian climate change law.


Climate Change, Forests and Federalism

Climate Change, Forests and Federalism
Author: Blake Hudson
Publisher:
Total Pages: 0
Release: 2018
Genre:
ISBN:

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Despite numerous attempts over the past two decades--including, most recently, the Copenhagen climate discussions in late 2009--international forest and climate negotiations have failed to produce a legally binding treaty addressing global forest management activities. This failure is due in large part to a lack of U.S. leadership. Though U.S. participation in ongoing forest and climate negotiations is essential, scholars have not fully explored the potential limiting effects of federalism on the United States' treaty power in the area of forest management. Such an exploration is necessary given the debate among constitutional law scholars regarding the scope of the treaty power, the United States' history of invoking federalism to inhibit treaty formation and participation, and the constitutional reservation of primary land use regulatory authority for state and local governments. This Article argues that due to great uncertainty surrounding the question of whether federalism limits the federal government's ability to enter into and implement a legally binding treaty directly regulating forest management activities via prescriptive mechanisms, any binding treaty aimed at forests should include voluntary, market-based mechanisms--like REDD, forest certification, and ecosystem service transaction programs--to facilitate U.S. participation and avoid challenges to treaty implementation in the United States.


Dynamic Forest Federalism

Dynamic Forest Federalism
Author: Blake Hudson
Publisher:
Total Pages: 72
Release: 2014
Genre:
ISBN:

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State and local governments have long maintained regulatory authority to manage natural resources, and most subnational governments have politically exercised that authority to some degree. Policy makers, however, have increasingly recognized that the dynamic attributes of natural resources make them difficult to manage on any one scale of government. As a result, the nation has shifted toward multilevel governance known as “dynamic federalism” for many if not most regulatory subject areas, especially in the context of the natural environment. The nation has done so both legally and politically -- the constitutional validity of expanded federal regulatory authority over resources has consistently been upheld by courts in recent decades, and federal, state, and local governments have been increasingly politically engaged in addressing environmental harms. Yet, remnants of “dual federalism” -- which conceives of constitutionally protected, separate spheres of governance as between the federal and state governments -- impact the governance of certain resources, like subnational forests. The preservation of the nation's forests, in turn, is critical to environmental well-being in the coming decades, especially when considering the crucial role of forests in combating climate change. The entrenchment of legal and political dualism in the forest context stymies federal inputs into subnational forest management at a time when state and local governments are unlikely, given current trends, to curb the destruction of a significant acreage of the nation's forests over the next fifty years. This Article, first, uses forest resources as a case study to shed light on the broader constitutional debate regarding dual versus dynamic regulatory approaches in the United States. Second, the Article is the first to thoroughly detail the under-analyzed status of subnational forest management regulation on the dual-dynamic federalism spectrum and the first to make a normative argument that U.S. forest policy should become more dynamic to avoid the unmitigated destruction of resources of increasing value to the nation, and indeed the globe, in a time of climate change.


Climate Change on Federal Forests

Climate Change on Federal Forests
Author: United States. Congress. Senate. Committee on Energy and Natural Resources. Subcommittee on Public Lands and Forests
Publisher:
Total Pages: 88
Release: 2010
Genre: Nature
ISBN:

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Federalism in the Forest

Federalism in the Forest
Author: Tomas M. Koontz
Publisher: Georgetown University Press
Total Pages: 252
Release: 2002-08-06
Genre: Political Science
ISBN: 9781589013223

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A love for nature and the forest drew Tomas Koontz to develop a keen interest in the workings of public forest management and forest policy. Beyond policy, however, this book is also about the very human issues of federalism, decentralization of control over public lands, citizen participation, and how agency policies, both state and federal, are formulated and exercised. Federalism in the Forest is the first book to examine and compare public policy performance across both state and national levels, explaining why state agencies excel at economic outputs and profitability, the management of land with state income in mind-while national agencies are stronger in citizen participation and the inarguably important role of environmental protection. Instead of focusing on historical development of federal-state roles or on state officials as affected by national polices, Koontz shows how officials, when given authority, both make and implement policy at the state versus the national level. Although arguments fly about the decentralization of public lands-most often based on ideology-Koontz offers empirical evidence that demonstrates not only that devolution matters, but how.


Climate change for forest policy-makers

Climate change for forest policy-makers
Author: Food and Agriculture Organization of the United Nations
Publisher: Food & Agriculture Org.
Total Pages: 73
Release: 2019-02-18
Genre: Technology & Engineering
ISBN: 9251310947

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The critical role of forests in climate change mitigation and adaptation is now widely recognized. Forests contribute significantly to climate change mitigation through their carbon sink and carbon storage functions. They play an essential role in reducing vulnerabilities and enhancing adaptation of people and ecosystems to climate change and climate variability, the negative impacts of which are becoming increasingly evident in many parts of the world. In many countries climate change issues have not been fully addressed in national forest policies, forestry mitigation and adaptation needs at national level have not been thoroughly considered in national climate change strategies, and cross-sectoral dimensions of climate change impacts and response measures have not been fully appreciated. This publication seeks to provide a practical approach to the process of integrating climate change into national forest programmes. The aim is to assist senior officials in government administrations and the representatives of other stakeholders, including civil society organizations and the private sector, prepare the forest sector for the challenges and opportunities posed by climate change. This document complements a set of guidelines prepared by FAO in 2013 to support forest managers incorporate climate change considerations into forest management plans and practices.


Federal Constitutions, Global Governance, and the Role of Forests in Regulating Climate Change

Federal Constitutions, Global Governance, and the Role of Forests in Regulating Climate Change
Author: Blake Hudson
Publisher:
Total Pages: 0
Release: 2018
Genre:
ISBN:

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Federal systems of government present more difficulties for international treaty formation than perhaps any other form of governance. Federal constitutions that grant subnational governments virtually exclusive regulatory authority over certain subject matter may constrain national governments during international negotiations - a national government that cannot constitutionally bind subnational governments to an international agreement cannot freely arrange its international obligations. While federal nations that grant subnational governments exclusive regulatory control obviously place value on stringent decentralization and the benefits it provides in those regulatory areas, the difficulty lies in striking a balance between global governance and constitutional decentralization in federal systems. Recent scholarship demonstrates that U.S. federalism, for example, may jeopardize international negotiations seeking to utilize certain mechanisms of global forest management to combat climate change, since subnational forest management is a regulatory responsibility reserved for state governments under current constitutional jurisprudence. This Article expands that scholarship by undertaking a comparative constitutional analysis of five other federal systems - Australia, Brazil, Canada, India, and Russia. These nations, along with the United States, are crucial to climate and forest negotiations since they account for 54 percent of the world's total forest cover. This Article reviews the constitutional allocation of forest regulatory authority between national and subnational governments in these nations to better understand potential complications that federal systems present for global climate governance aimed at forests. The Article concludes that federal systems maintaining three key elements within their constitutional structure are most capable of agreeing to an international climate agreement that incorporates forests in a consequential manner - successfully implementing that treaty on domestic scales, and doing so in a way that maintains the recognized benefits of decentralized forest management at the local level: (1) national constitutional primacy over forest management, (2) national sharing of constitutional forest management authority, and (3) adequate forest policy institutional enforcement capacity. The Article also establishes the foundation for further research assessing how the constitutional status quo of federal systems lacking key elements may be adjusted to achieve more effective climate and forest governance.