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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Energy & natural resources law
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Constitutions and the Commons - The Impact of Federal Governance on Local, National, and Global Resource Management (Paperback)
Loot Price: R1,440
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Constitutions and the Commons - The Impact of Federal Governance on Local, National, and Global Resource Management (Paperback)
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Constitutions and the Commons looks at a critical but little
examined issue of the degree to which the federal constitution of a
nation contributes toward or limits the ability of the national
government to manage its domestic natural resources. Furthermore it
considers how far the constitution facilitates the binding of
constituent states, provinces or subnational units to honor the
conditions of international environmental treaties. While the main
focus is on the US, there is also detailed coverage of other
nations such as Australia, Brazil, India, and Russia. After
introducing the role of constitutions in establishing the legal
framework for environmental management in federal systems, the
author presents a continuum of constitutionally driven natural
resource management scenarios, from local to national, and then to
global governance. These sections describe how subnational
governance in federal systems may take on the characteristics of a
commons - with all the attendant tragedies - in the absence of
sufficient national constitutional authority. In turn, sufficient
national constitutional authority over natural resources also
allows these nations to more effectively engage in efforts to
manage the global commons, as these nations would be unconstrained
by subnational units of government during international
negotiations. It is thus shown that national governments in federal
systems are at the center of a constitutional 'nested governance
commons,' with lower levels of government potentially acting as
rational herders on the national commons and national governments
potentially acting as rational herders on the global commons.
National governments in federal systems are therefore crucial to
establishing sustainable management of resources across scales. The
book concludes by discussing how federal systems without sufficient
national constitutional authority over resources may be
strengthened by adopting the approach of federal constitutions that
facilitate more robust national level inputs into natural resources
management, facilitating national minimum standards as a form of
"Fail-safe Federalism" that subnational governments may supplement
with discretion to preserve important values of federalism.
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