Cover

Half-title

Title

Copyright

Contents

Contributors

Foreword

Acknowledgments

Introduction

Challenges of Environmental Law - Environmental Issues and Their Implications to Jurisprudence

Lecture I: Land Use and Environmental Law

1 Land Use and Environmental Issues

2 Objects and Contents of Environmental Law

3 Challenges to the Traditional Law System

4 Environmental issues in Japan

5 Challenges of Environmental Law

Lecture II: The Courts and Environmental Law

1 Damage Suits - Four Major Pollution Lawsuits

2 Civil Injunction Suits

3 Administrative Litigation

4 Creation of law through lawsuits

Lecture III: The New Approaches of Environmental Law

1 Environmental Risk Control

2 Diversity of causal activities

3 Varieties of Stakeholders

4 Paradigm Shift toward a Sustainable Society

Part I: International Issues and Legal Responses to Sustainable Land Management

1 Is Conservation a Viable Land Usage? Issues Surrounding the Sale of Ivory by Southern African Countries

1 The symbol and the reality

2 Issues of space and access

3 The Convention on International Trade in Endangered Species

4 CITES and rural people: the example of the Chobe Enclave Trust

5 The Southern African approach to reopening the international trade in ivory

6 CAMPFIRE or "dampfire"?

7 The CAMPFIRE model for land and land management reform in South Africa

8 Different approaches to utilizing elephants - the "battleground"

9 The Indian/Asian elephant

10 Valuing the environment and valuing conservation as a land use

11 A world concern?

12 In conclusion

2 Climate Change and Land Use in Africa

1 Introduction

2 Sub-Saharan African Energy Use and the End of Low-Cost Oil

3 Climate Change Effects on Sub-Saharan Africa

4 Climate Change Opportunities for Africa

5 The Need to Reconsider Land Use Laws in Sub-Saharan Africa

3 Climate Change Adaptation and Mitigation: Exploring the Role of Land Reforms in Africa

1 The Climate Change Phenomenon

1.1 The Link with Anthropogenic Activities

2 The Global Framework

2.1 The Climate Change Convention

2.2 The Kyoto Protocol

3 Domestic Management of Climate Change

3.1 The International Policy Framework

3.2 Adaptation and Mitigation Measures

3.3 Capacity Building

4 Exploring the Role of Land Reforms

4.1 The Link between Land Reform and Climate Change

4.2 Land Reform Processes

(a) Design of New Land Policies

(b) Reform of Land Tenure Systems

(c) Reform of Land Use Structures

(d) Reform of Land Administration

4.3 Further Climate Management Implications

(a) Ecosystem Adaptation

(b) Socioeconomic Sector Adaptation

(c) Design of Mitigation Measures

5 Conclusion

4 The Integration of Landscape into Land Use Planning Policy in Relation to the New European Landscape Convention

1 Introduction

2 Innovative Objectives and Principles of the Landscape Convention

2.1 Landscape as a Key Element of Well-Being for All

2.2 Landscape Policy and Its Contribution to Sustainable Development

2.3 Landscape Policy and the Promotion of Active Democracy

3 The Essential Mechanisms of Implementation of the Landscape Convention

3.1 Institutional Instruments

3.2 Inventories and Education

3.3 Integration Instruments and Landscape Planning

European Landscape Convention

Preamble

Chapter I - General provisions

Article 1- Definitions

Article 2 - Scope

Article 3 - Aims

Chapter II - National measures

Article 4 - Division of Responsibilities

Article 5 - General Measures

Article 6 - Specific Measures

Awareness-Raising

Training and Education

Identification and Assessment

Landscape Quality Objectives

Implementation

Chapter III - European Co-operation

Article 7 - International Policies and Programmes

Article 8 - Mutual Assistance and Exchange of Information

Article 9 - Transfrontier Landscapes

Article 10 - Monitoring of the Implementation of the Convention

Article 11 - Landscape Award of the Council of Europe

Chapter IV - Final clauses

Article 12 - Relationship with Other Instruments

Article 13 - Signature, Ratification and Entry into Force

Article 14 - Accession

Article 15 - Territorial Application

Article 16 - Denunciation

Article 17 - Amendments

Article 18 - Notifications

5 EIA Legislation and the Importance of Transboundary Application

1 Introduction

2 Transboundary environmental impact assessment

2.1 The North American Agreement on Economic Cooperation (NAAEC)

2.2 The East African Community (EAC)

2.3 SADC Protocols

3 Comparison of South Africa, Namibia, and Swaziland

3.1 Legal Basis of EIA Systems

3.2 Definitions

3.3 Activities Requiring an EIA

3.4 Role Players

4 Conclusion and Recommendations

Part II: National Approaches to Land Use Planning for Sustainable Development

AFRICA

6 Community Rights to Genetic Resources and Their Knowledge: African and Ethiopian Perspectives

1 Introduction

2 Sovereignty over Natural Resources and the Need for Conservation

3 Sovereignty over Genetic Resources

4 Access with Prior Informed Consent (PIC) and Mutually Agreed Terms

5 Ethiopian Community Access and Indigenous Knowledge Approach

6 Conclusion

7 Easements and Wildlife Conservation in Kenya

1 Introduction

2 Wildlife Habitat outside Protected Areas and Conflicting Land Uses

3 Easements and Wildlife Conservation

3.1 Common Law Easement

3.2 Statutory Easements

3.3 Environmental Easements

4 Conclusion

8 Land Tenure, Land Use, and Sustainability in Kenya: Toward Innovative Use of Property Rights in Wildlife Management

1 Introduction

2 Background

2.1 Population

2.2 Value of Wildlife Resources in Kenya

2.3 Relationship between Property Rights and Wildlife Conservation

3 Laws and Policies Relevant to Wildlife Management

3.1 Environment Management and Coordination Act

3.2 Land Tenure

3.3 Land Use Planning and Zoning Laws

3.4 Wildlife Laws and Policies

4 Property Rights and Sustainable Wildlife Management: A Critique

4.1 Conceptual and Legal Problems

4.2 Ecological Problems of Protected Areas

4.3 Institutional Problems

5 Rethinking property rights for wildlife management in Kenya

5.1 Creating New Incentives for Wildlife Management through Law and Policy

6 Working around the limits of property rights: Innovative Use of Property Rights and Sustainable Wildlife Man

6.1 Beyond Private Property Rights’ Boundaries

6.2 Servitudes

6.3 Transferable Development Rights

9 The Development of Environmental Law and Its Impact on Sustainable Use of Wetlands in Uganda

1 Introduction

2 The Nature of the Environment in Uganda

3 Development of Environmental Law in Uganda

4 The Nature of Wetlands Management in Uganda

4.1 Definition of a Wetland

4.2 Background to Wetland Management in Uganda

4.3 Nature of Wetlands in Uganda

4.4 The Importance of Wetlands to the Ugandan Environment

4.5 Problems Affecting Uganda’s Wetlands

5 Major Elements of Sustainable Use of a Wetland

6 The Environmental Policy in Uganda

6.1 National Environment Management Policy (NEMP), 1994

6.2 The National Wetlands Policy, 1995

7 Institutional Framework

8 Legislative Framework

8.1 The Constitution of Uganda, 1995

8.2 The National Environment Act

8.3 The Local Government Act

8.4 The Water Act

8.5 The Land Act

8.6 The Wildlife Act

8.7 The National Environment (Wetlands, Riverbanks and Lakeshores Management) Regulations, 2000

9 Uganda's Response to International Obligations of Wetland Management

10 Conclusion and Recommendations

10 EIA and the Four Ps: Some Observations from South Africa

1 Introduction

2 EIA - What is it?

3 Current South African EIA legislation

4 The Provisions

4.1 Scope of Application

4.2 Ease of Application

5 The Process/Procedure

5.1 The Procedure

5.2 Public Participation and Audi Alteram Partem

5.3 Appeal

5.4 Postauthorization Monitoring

5.5 Remedies

6 The People

6.1 The Public

6.2 The Officials

6.3 The Environmental Practitioners

7 The Politics

7.1 The Politics of Legislation

7.2 The Politics of Decision Making

8 Conclusion

11 From Bureaucracy-Controlled to Stakeholder-Driven Urban Planning and Management: Experiences and Challenges of Environment Planning and Management in Tanzania

1 Introduction

2 The Advent of the EPM in Dar es Salaam

2.1 Chronology: EPM Operationalization

3 Outcomes of the EPM Operationalization

3.1 Institutionalization of Stakeholders’ Participation in Urban Development Activities

3.2 Facilitation of “Unofficial” Land Use Development

3.3 Establishment of the Department for Planning and Coordination and Ward Environmental Committees

3.4 Amendments of the Legislation and Formalization of Land Use Plan

3.5 The Environmental Bill: Land Use Concerns

3.6 Formulation of National Guidelines for Operationalizing EPM

3.7 From Master Planning to the Strategic Urban Planning Unit

3.8 Review of the Training Curricula

4 Challenges to the Adoption of EPM in DAR ES SALAAM

4.1 Legal Status of the SUDP for Dar es Salaam City

4.2 Short-Circuiting of the Participatory Process

4.3 Low Regard for Local Capacity-Building Needs

4.4 Weak Position of EPM in the Local Government Structure

4.5 Inadequate Managerial Skills

4.6 Overdependence on External Resources

4.7 Absence of Comprehensive Monitoring and Documentation of Local EPM Experiences

4.8 Theoretical Basis for the EPM Approach: A Paradigm Shift

5 Discussion

6 Conclusion

12 Strategies for Environmental Governance in South Africa: Toward a More Sustainable Environmental Governance and Land Use Regime

1 Introduction

2 The fundamental problem of fragmentation

2.1 The Nature of Fragmentation

2.2 Reasons for Fragmentation

2.3 Fragmentation and Land Use Issues

2.4 Disadvantages of Fragmentation

3 Integrated environmental management

3.1 Environmental Management in South Africa

3.2 Integration in Terms of IEM

4 Cooperative environmental governance

4.1 Introduction

4.2 Cooperative Governance and the Environment

4.3 Legislative Provisions on Cooperative Governance

4.4 CEG Defined

5 Possible Scenarios to Address Fragmentation

5.1 Debottlenecking and House in Order

5.2 Increased Optimization and Improved Alignment

5.3 Streamlining and Mainstreaming

5.4 The One-Stop Authorization Shop

6 Conclusion

13 Environmental Law and Sustainable Land Use in Nigeria

1 Introduction

2 Conceptual Clarification of Key Terms

2.1 Environment

2.2 Environmental Law

2.3 Definition of Land

2.4 Sustainable Land Use

2.5 Definition of Land Pollution

3 Role of Environmental Law in Regulating Land Use And Protection of the Environment in Nigeria

3.1 Land Use Problems and Their Impact on the Environment

3.2 Key Environmental Legislation on Land Use Regulation and Environmental Protection

4 Deforestation

5 Conclusion

14 The Role of Administrative Dispute Resolution Institutions and Processes in Sustainable Land Use Management: The Case of the National Environment Tribunal and the Public Complaints Committee of Kenya

1 INTRODUCTION

2 KENYA'S INSTITUTIONAL AND LEGAL FRAMEWORK ON LAND USE AND ENVIRONMENTAL MANAGEMENT

2.1 The Institutions

2.2 The Legal Framework

2.3 The Interrelationships among the Environmental Management Institutions

3 DISPUTE RESOLUTION MECHANISMS UNDER EMCA

3.1 The Public Complaints Commission

3.2 The Tribunal

4 CONCLUSIONS

15 Managing the Environmental Impact of Refugees in Kenya: The Role of National Accountability and Environmental Law

1INTRODUCTION

2 THE ENVIRONMENTAL IMPACTS OF REFUGEES IN KENYA

2.1 Alienation of Land

2.2 Deforestation and Soil Erosion

2.3 Pollution and Urbanization

3 THE RESPONSE

4 CRITICAL REVIEW: NATIONAL STATE VERSUS INTERNATIONAL AGENCY ACCOUNTABILITY

5 THE ROLE OF ENVIRONMENTAL LAW

6 CONCLUSION

16 Environmental Impact Assessment Law and Land Use: A Comparative Analysis of Recent Trends in the Nigerian and U.S. Oil and Gas Industry

1INTRODUCTION

2 THE PROBLEM OF DEFINITION WITH THE TERMS ENVIRONMENTAL IMPACT ASSESSMENT AND SUSTAINABLE DEVELOPMENT

3 Preparation of the eia

4 WHEN AN EIA IS EXCLUDED OR EXEMPTED

5 EXTENT OF PUBLIC PARTICIPATION

5.1 U.S. Experience

5.2 Nigerian Experience

6 SOCIOECONOMIC IMPACTS AND THE EIA PROCESS

7 CUMULATIVE IMPACTS, ECOSYSTEM ANALYSIS, AND BIODIVERSITY

8 EIA IMPERATIVES CRITICAL TO THE ASSESSMENT OF THE OIL SECTOR

9 COST OF PREPARING AN EIA

10 PROSPECT OF EIA APPLICATION ABROAD

11 WHAT LESSONS EXIST FOR PROFESSORS OF ENVIRONMENTAL LAW AT AFRICAN UNIVERSITIES?

12 RECOMMENDATIONS AND CONCLUSION

17 Managing Land Use and Environmental Conflicts in Cameroon

1 INTRODUCTION

2 DEFINITION OF TERMS

3 VICIOUS CIRCLE OF CONFLICTS: LAND USE MANAGEMENT AND ENVIRONMENTAL CONFLICTS

4 SOME BASIC LAND USE LAWS IN CAMEROON

5 LAND USE SYSTEM IN CAMEROON IN BRIEF

5.1 Statutory Land Use System

5.2 Customary Land Tenure

6 CASE STUDY (THE MEJANG QUARRY CASE)

6.1 Kimbi Moses Ndoh v. Groupemnt d’Enterprise Trapp-Strabag Belfinger & Berger (WHC/2/98) Unreported

7 EMERGING LEGISLATION

7.1 Constitutional Provisions

7.2 The 1994 Forestry Laws

7.3 Law Number 96/12 of 5 August 1996, on Environmental Management in Cameroon

8 CONCLUSIONS AND RECOMMENDATIONS

ASIA

18 Environmental Law Reform to Control Land Degradation in the People's Republic of China: A View of the Legal Framework of the PRC–GEF Partnership Program

1 INTRODUCTION

1.1 Definitions

1.2 Environmental Law Reform: PRC–GEF Partnership Program

2 RATIONALE OF ENABLING LAW TO COMBAT LAND DEGRADATION

2.1 Existing Legislative Framework for Land Degradation Control

2.2 Efforts to Improve Environmental Law

3 LEGISLATIVE REFORM UNDER THE GEF–PRC PARTNERSHIP PROGRAM

3.1 Taking the Approach of Integrated Ecosystem Management

3.2 Developing Procedures and Mechanisms to Improve the Capability of Law and Policy to Control Land Degradation through IEM

3.3 Building Capacity in Legislative and Policy Aspects of Land Degradation Management

3.4 Specialist Policy, Legal, and Regulatory Advice and Problem Solving and Support

4 BENEFITS OF THE ENVIRONMENTAL REFORM PROGRAM

5 CONCLUSION

19 Urbanization and Environmental Challenges in Pakistan

1 URBANIZATION IN PAKISTAN

2 ECOLOGICAL THREAT OF URBANIZATION

3 FAILURE OF GOVERNMENT PLANNING AND MANAGEMENT

3.1 Myopic Vision

3.2 Conflicting Priorities

4 THE WAY FORWARD

5 THE COURTS: A VALIANT STAND AGAINST ENVIRONMENTAL DEGRADATION

6 FUTURE TRENDS IN URBAN ENVIRONMENTAL MANAGEMENT

20 ASEAN Heritage Parks and Transboundary Conservation

1 INTRODUCTION

2 ASEAN DECLARATION ON HERITAGE PARKS (ADHP), 2003

2.1 Objectives and Criteria of ASEAN Heritage Parks (AHPs) 2003

2.2 Governance Structure of AHPs

2.3 Toward an ASEAN Convention on AHPs?

2.4 Management of ASEAN Heritage Parks – from Declaration to Action

3 ASEAN TRANSBOUNDARY CONSERVATION AREAS (ATCAs): TOWARD REGULATION AND MANAGEMENT

3.1 Some Potential Transboundary Conservation Areas and Peace Parks in the ASEAN Region

3.2 Advantages of Transboundary Cooperation Highlighted by UNESCO East Asian Biosphere Reserves Network (EABRN)

3.3 Legal Framework for ASEAN Transboundary Conservation Areas

4 CONCLUSION

APPENDIX I: ASEAN DECLARATION ON HERITAGE PARKS, 2003

APPENDIX II: POTENTIAL SITES IDENTIFIED FOR CLUSTER AND TRANSBOUNDARY WORLD HERITAGE NOMINATIONS BY TECHNICAL WORKSHOP

21 An Urban Development Approach in Singapore

1 INTRODUCTION

2 LAND USE PLANNING

2.1 History

2.2 The Master Plan

2.3 The Concept Plans

2.4 Development Guide Plans

2.5 The Current Master Plan

3 PLANNING FOR THE ENVIRONMENT

3.1 The Singapore Green Plan 1992

3.2 The Revised Singapore Green Plan 2012

4 POLLUTION PREVENTION IN AN ENVIRONMENTAL MANAGEMENT SYSTEM – THE PLANNING OF INDUSTRIAL ESTATES

4.1 Institutions, Agencies, and Strategies

4.2 The Development of Industrial Estates

4.3 Planning Guidelines for Industries

4.4 Types of Industrial Premises

4.5 Location, Classification, and Siting of Industries

4.6 Pollution Studies Required

4.7 Environmental Impact Assessments

4.8 Cleanups

5 THE GARDEN CITY AND NATURE CONSERVATION

5.1 Introduction

5.2 The Greening of Singapore

5.3 The Agencies in Nature Conservation

5.4 Land Use Planning and Nature Conservation Laws

5.5 The Development versus Conservation Dilemma

6 EVALUATION

22 The Law and Preparation of Environmental Management Plans for Sustainable Development in Thailand

1 ENVIRONMENTAL MANAGEMENT PLANS AT THE INTERNATIONAL LEVEL

2 ENVIRONMENTAL MANAGEMENT PLANS AT THE NATIONAL LEVEL

2.1 Thailand’s Environmental Management Plan

2.2 Denmark’s Environmental Quality Management Plan

2.3 Regional Planning in Denmark

3 THE APPLICATION OF DENMARK'S SPATIAL PLANNING PRINCIPLES IN THE PREPARATION OF THAILAND'S KHON KAEN PROVINCE ENVIRONMENTAL MANAGEMENT PLAN

3.1 Denmark’s Map1–Urban Development, Tourism, Recreation, and Infrastructure (as applied in Khon Kaen province, Thailand)

3.2 The Application of Denmark’s Maps 2 (Afforestation) and 4 (Nature) to the Protection of Forests and Nature Areas in Khon Kaen Province, Thailand

3.3 Denmark’s Map3–Landscape and Cultural Heritage (as Applied in Khon Kaen Province, Thailand)

3.4 Denmark’s Map5–Noise Control (as Applied in Khon Kaen Province, Thailand)

3.5 Denmark’s Map 6 – Groundwater (as Applied in Khon Kaen Province, Thailand)

3.6 Denmark’s Map7–Surface Water (as Applied in Khon Kaen Province, Thailand)

3.7 Denmark’s Map8–Wastewater Treatment Systems (as Applied in Khon Kaen Province, Thailand)

4 CONCLUSION

23 Nepal's Legal Initiatives on Land Use for Sustainable Development

1 LAND USE PROBLEMS IN THE HINDU KUSH-HIMALAYAN REGION

2 BILATERAL ARRANGEMENTS OF NEPAL AND INDIA

3 INTRODUCTION TO NEPAL'S LAND SYSTEM

4 NEPAL'S TREATY OBLIGATIONS

4.1 Obligations as a Party

4.2 Treaties Signed by Nepal

5 LAND USE IN HISTORICAL PERSPECTIVE IN NEPAL

6 PLANS AND POLICIES ON LAND USE

6.1 Periodic Plans

6.2 National Conservation Strategy 1987

6.3 National Environmental Policy and Action Plan Integrating Environment and Development 1993

6.4 Agriculture Perspective Plan 1995

6.5 Revised Irrigation Policy 1997

6.6 Revised Forest Master Plan 1989

6.7 Hydropower Development Policy 2001

6.8 Water Resources Strategy 2001

6.9 Industrial Policy 1992

6.10 Wetlands Policy 2002

6.11 Biodiversity Strategy 2002

6.12 Sustainable Development Agenda for Nepal 2003

6.13 EIA and Planning Guidelines

7 CONSTITUTIONAL AND LEGAL PROVISIONS ON LAND USE

7.1 The Constitution of the Kingdom of Nepal 1990

7.2 Legislation

8 RECENT DEVELOPMENTS ON LAND USE FOR SUSTAINABLE DEVELOPMENT IN NEPAL

9 CONCLUSION

AUSTRALIA

24 Environmental Law and Irrigated Land in Australia

1 INTRODUCTION

2 BACKGROUND

3 THE LEGAL FRAMEWORK

4 FRAMEWORK FOR REFORM

5 LEGAL ISSUES SURROUNDING WATER RIGHTS

5.1 Universality

5.2 Predictability of Volume and Enforceability

5.3 Certainty of Title

5.4 Duration

5.5 Exclusivity

5.6 Detaching of Land Title and Use Restrictions

5.7 Divisibility and Transferability

6 PROPOSALS FOR REFORM

6.1 River Health

6.2 Delivery of Greater Security

6.3 Engaging the Community

7 THE GOVERNMENT RESPONSE

8 THE WAY FORWARD

9 CONCLUSION

25 Environmental Impact Assessment: Addressing the Major Weaknesses

1 INTRODUCTION

1.1 Public Participation and Environmental Impact Assessment

2 ENVIRONMENTAL IMPACT ASSESSMENT AS A LEGAL REGIME

3 COMPARATIVE ANALYSIS OF ENVIRONMENTAL IMPACT ASSESSMENT REGIMES IN AUSTRALIA AND CANADA

3.1 Australian Federal Regime

3.2 The State of New South Wales

3.3 Canadian Federal Regime

3.4 The Province of Ontario

4 IDENTIFIED PROCEDURAL WEAKNESSES IN THE PRACTICE OF ENVIRONMENTAL IMPACT ASSESSMENT

4.1 Proponent-Generated EIS

4.2 Lack of Independence of Approval Bodies

5 ADDRESSING THE PROCEDURAL WEAKNESSES IN THE CONTEXT OF THE ADJUDICATION PROCESS

5.1 Affordability of Opposition

5.2 A More Robust Adjudication Process

6 CONCLUDING COMMENTS

26 Protection of Natural Spaces in Brazilian Environmental Law

1 THE RISK SOCIETY AND THE ENVIRONMENTAL CRISIS

2 THE RELEVANCE OF NATURAL SPACES PROTECTION IN THE RISK SOCIETY

3 THE DIFFICULTIES OF PLANNING AND ARRANGING NATURAL SPACES IN THE EMERGENT COUNTRIES

3.1 Institutions Unprepared to Deal with Environmental Issues

3.2 The Legal Systems

3.3 Economic Growth and Environmental Protection

4 PROTECTED AREAS AND NATURAL SPACES APPROPRIATION IN BRAZILIAN LAW: CONSTITUTIONAL AND LEGAL ASPECTS

5 THE GREENING OF THE PROPERTY RIGHT IN BRAZILIAN JURISPRUDENCE

5.1 The Fundamental Right to the Environment and the Environmental Asset

5.2 The Social Function of Property and Spaces of Ecological Interest

6 CONCLUSIONS

LATIN AMERICA

27 Land Use Planning in Mexico: As Framed by Social Development and Environmental Policies

1 INTRODUCTION

2 THE MEXICAN CONSTITUTION AS THE BASIS FOR PROPERTY RIGHTS

3 SOCIAL DEVELOPMENT POLICY

4 ENVIRONMENTAL LAW AND POLICY

5 ENVIRONMENTAL POLICY INSTRUMENTS

5.1 Environmental Land Use Planning

5.2 Environmental Impact Assessment

5.3 Natural Protected Areas

6 INTEGRATING SOCIAL DEVELOPMENT AND ENVIRONMENTAL POLICIES IN LAND USE PLANNING

7 CONCLUSION

28 Argentina's Constitution and General Environment Law as the Framework for Comprehensive Land Use Regulation

1 IMPORTANCE OF LAND USE LAW AS AN INSTRUMENT FOR ENVIRONMENTAL POLICY AND SUSTAINABLE DEVELOPMENT

2 EVOLUTION OF LAND USE LAW AND PLANNING REGULATIONS IN ARGENTINA

2.1 City of Buenos Aires

2.2 Province of Buenos Aires

3 Ideological Issues in Land Use Law

4 EVOLUTION OF ENVIRONMENTAL POLICY AND THE 1994 CONSTITUTIONAL REFORM

5 "MINIMUM REQUIREMENTS" LEGISLATION: A THRESHOLD FOR ENVIRONMENTAL POLICYMAKING

6 THE GENERAL ENVIRONMENT LAW AS THE BASIS FOR A COMPREHENSIVE LAND USE LAW SYSTEM

7 CONCLUSIONS

NORTH AMERICA

29 Ecological Economics, Sustainable Land Use, and Policy Choices

1 INTRODUCTION

2 INTRODUCTION TO ECONOMIC THEORY

3 ENVIRONMENTAL EXTERNALITIES

4 POLICY RESPONSES

4.1 Direct or Command and Control Regulation

4.2 Property Rights and Trading Systems

4.3 Pigouvian Taxes and Subsidies

4.4 A Note on Terminology

5 INSTRUMENT CHOICE

5.1 Analytical Approaches for Selecting among Instruments

5.2 Analytical Framework

5.3 Challenges for Applying the Analytical Framework

6 ECOLOGICAL FISCAL REFORM (EFR)

6.1 A Descriptive Framework for EFR

6.2 Environmental Tax Reform Distinguished

6.3 Instrument Choice within EFR

7 CONCLUSION

30 The 2004 U.S. Ocean Report and Its Implications for Land Use Reform to Improve Ocean Water Quality

1 INTRODUCTION

1.1 Background

1.2 The Scope of the Problem

2 GOVERNING STATUTES

2.1 Clean Water Act

2.2 Coastal Zone Management Act

3 ISSUE-BASED ANALYSIS

3.1 Point Source Pollution

3.2 Nonpoint Source Pollution

3.3 Recognizing the International Transboundary Pollution Problem

4 CONCLUSION: THE POLITICS OF REFORM

31 Historical Overview of the American Land Use System: A Diagnostic Approach to Evaluating Governmental Land Use Control

1 INTRODUCTION

2 ENGLISH COMMON LAW ORIGINS

3 COLONIAL PERIOD

4 FORMATION OF THE FEDERAL REPUBLIC

5 19th-CENTURY LAND USE

6 The Modern Era of Zoning

7 LIMITS AND INFLUENCES ON LOCAL LAND USE CONTROL

7.1 Regional Planning and Control

7.2 Federal Environmental Control of Private Land Use

7.3 Federal and State Incentives, Assistance, Guidance, and Requirements

7.4 State and Federal Preemption of Local Control

8 EXPANDING AND ENHANCING LOCAL CONTROL

8.1 Smart Growth Strategies

8.2 Urban Revitalization and Community Building

8.3 The Advent of Local Environmental Law

9 EXPLORING MUNICIPAL AUTHORITY TO CONTROL PRIVATE LAND USE

10 FRAGMENTATION AND INTEGRATION

11 CONCLUSION

12 ILLUSTRATIVE CHECKLIST OF LAND USE CONTROLS IN THE UNITED STATES

12.1 The Role of the National Government

12.2 The Role of the State Government

12.3 The Role of Municipal Governments

Index