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How should we strike a balance between the benefits of centralized and local governance, and how important is context to selecting the right policy tools? This uniquely broad overview of the field illuminates our understanding of environmental federalism and informs our policy-making future. Professor Kalyani Robbins has brought together an impressive team of leading environmental federalism scholars to provide a collection of chapters, each focused on a different regime. This review of many varied approaches, including substantial theoretical material, culminates in a comparative analysis of environmental federalism and consideration of what each system might learn from the others. The Law and Policy of Environmental Federalism includes clear descriptive portions that make it a valuable teaching resource, as well as original theory and a depth of policy analysis that will benefit scholars of federalism or environmental and natural resources law. The value of its analysis for real-world decision-making will make it a compelling read for practitioners in environmental law or fields concerned with federalism issues, including those in government or NGOs, as well as lobbyists.
Since the collapse of Soeharto’s New Order regime in May 1998, Indonesia’s national, provincial, and district governments have engaged in an intense struggle over how authority and the power embedded in it, should be shared. How this ongoing struggle over authority in the forestry sector will ultimately play out is of considerable significance due to the important role that Indonesia’s forests play in supporting rural livelihoods, generating economic revenues, and providing environmental services. This book examines the process of forestry sector decentralization that has occurred in post-Soeharto Indonesia, and assesses the implications of more recent efforts by the national government to recentralize administrative authority over forest resources. It aims to describe the dynamics of decentralization in the forestry sector, to document major changes that occurred as district governments assumed a greater role in administering forest resources, and to assess what the ongoing struggle among Indonesia’s national, provincial, and district governments is likely to mean for forest sustainability, economic development at multiple levels, and rural livelihoods. Drawing from primary research conducted by numerous scientists both at CIFOR and its many Indonesian and international partner institutions since 2000, this book sketches the sectoral context for current governmental reforms by tracing forestry development and the changing structure of forest administration from Indonesia’s independence in 1945 to the fall of Soeharto’s New Order regime in 1998. The authors further examine the origins and scope of Indonesia’s decentralization laws in order to describe the legal-regulatory framework within which decentralization has been implemented both at the macro-level and specifically within the forestry sector. This book also analyses the decentralization of Indonesia’s fiscal system and describes the effects of the country’s new fiscal balancing arrangements on revenue flows from the forestry sector, and describes the dynamics of district-level timber regimes following the adoption of Indonesia’s decentralization laws. Finally, this book also examines the real and anticipated effects of decentralization on land tenure and livelihood security for communities living in and around forested areas, and summarizes major findings and options for possible interventions to strengthen the forestry reform efforts currently underway in Indonesia.
As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.
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.
Experiences from incentive-based forest management are examined for their effects on the livelihoods of local communities. In the second section, country case studies provide a snapshot of REDD developments to date and identify design features for REDD that would support benefits for forest communities.
"This book is a detailed overview of the institutional and historical trajectory of Indian federalism, including both territorial and non-territorial aspects of Indian federalism. An extensive analysis has been made of the various federal policy measures adopted by different rulers from time to time, particularly with an emphasis on federalism under the British colonial rule and the role of princely states in Indian federalism. It has made a critical analysis of the Constituent Assembly Debates on federalism and the role of political leaders in shaping of Indian federalism. Further, a critical analysis has been made about the changing nature and dynamics of Indian federalism in the post-independent India including the contemporary debates on various aspects of Indian federalism. The book is an important compendium for those wishing to have first-hand information on Indian federalism and may be very useful for scholars interested in center-state relations. It can be an important guide for researchers in identifying various research questions for further study on Indian federalism. Most importantly, it can be a very useful course book for students or professionals for whom the existing shorter introductions to the subject may not suffice. Any undergraduate student who needs to undertake an advance level study on Indian Politics and Government or Indian federalism will find the book very useful. International readers of comparative politics will also find the book useful. Additionally, the book may be useful for those who are interested in Indian Administrative Services (IAS) and for the politicians as well."
This book explores hitherto unaddressed dimensions in federalism studies in India. It traces continuities and changes in Indian federalism since independence and especially economic liberalization. Beginning with the 1990s, due to the emergence of multi-party system, coalition governments, change in judicial temper and the onset of privatization and globalization in the economy, there has been a trend towards greater federalization in India. However, in the context of one-party majority in a coalition government since 2014, new aspects have emerged in Indian federalism. The volume engages with several facets of federalism: administrative federalism; environmental and resource federalism; changing dynamics of fiscal federalism; and multi-level governance. With comparative data and case studies across different states of India, it brings together a range of issues, including Article 356 and its dysfunctions; land acquisition; decentralized governance; tribal rights; the roles of central and state governments; concerns regarding Citizenship Amendment Act; recent abrogation of Article 370 and 35 A; Delhi and statehood; climate change; MGNREGA; implementation of ICDS and the cooperative and competitive nature of Indian federalism. Comprehensive and topical, this book will be useful to scholars and researchers of political science, federalism, comparative federal studies, political studies, comparative politics, public administration, governance and development studies. It will also interest policy makers, bureaucrats, government organizations, NGOs, and civil society activists.
Providing a comprehensive view of the constitutional architecture of federations, contributors address change and development in federal states from the standpoint of constitutional revision and reform. Oftentimes change comes from the constituent units that together form a federation. With this in mind, political scientists and legal scholars from across Europe and North America address three important questions. First, what is the scope of national space - the range of discretion and autonomy in constitutional design and development - that is available to the sub-national units in federal system? Second, to what extent have the sub-national units occupied the constitutional space available to them? Third, what have been the effects of constitutional initiatives by sub-national units within their constitutional space on national constitutional development (vertical federalism), on constitutional development in other sub-national units (horizontal federalism), and on political development within their own borders? A comparative, interdisciplinary approach to constitutionalism in federal systems, this volume will be of particular interest to scholars studying federalism, comparative politics, public law, and political development. Contributors include Michael Burgess (University of Kent) and G. Alan Tarr (Rutgers University-Camden), John J. Dinan (Wake Forest University), Arthur Gunlicks (University of Richmond), Peter Bu?jäger (University of Innsbruck), Jens Woelk (University of Trento), Nicolas Schmitt (University of Fribourg), Patrick Peeters (University of Leuven), Gerald Baier (University of British Columbia), Stephen Tierney (University of Edinburgh), Carlos Viver (University of Barcelona), Francesco Palermo (University of Verona), Anneli Albi (University of Kent), Ornella Porchia (University of Turin).
If federalism is about protecting the states, why not listen to them? In the last decade, the Supreme Court has reworked significant areas of constitutional law with the professed purpose of protecting the dignity and authority of the states, while frequently disregarding the states'' views as to what federalism is all about. The Court, according to the states, is protecting federalism too much and too little. Too much, in striking down federal law where even the states recognize that a federal role is necessary to address a national problem. Too little, in inappropriately limiting state experimentation. By listening more carefully to the States, the Supreme Court could transform its federalism jurisprudence from a source of criticism and polarization to a doctrine that should win broad support from across the political spectrum. In this important book, six distinguished authors redefine federalism and reaffirm Justice Louis Brandeis's vision of states and localities as the laboratories of democracy.