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How did Chicago, a city known for commerce, come to have such a splendid public waterfront—its most treasured asset? Lakefront reveals a story of social, political, and legal conflict in which private and public rights have clashed repeatedly over time, only to produce, as a kind of miracle, a generally happy ending. Joseph D. Kearney and Thomas W. Merrill study the lakefront's evolution from the middle of the nineteenth century to the twenty-first. Their findings have significance for understanding not only Chicago's history but also the law's part in determining the future of significant urban resources such as waterfronts. The Chicago lakefront is where the American public trust doctrine, holding certain public resources off limits to private development, was born. This book describes the circumstances that gave rise to the doctrine and its fluctuating importance over time, and reveals how it was resurrected in the later twentieth century to become the primary principle for mediating clashes between public and private lakefront rights. Lakefront compares the effectiveness of the public trust idea to other property doctrines, and assesses the role of the law as compared with more institutional developments, such as the emergence of sanitary commissions and park districts, in securing the protection of the lakefront for public uses. By charting its history, Kearney and Merrill demonstrate that the lakefront's current status is in part a product of individuals and events unique to Chicago. But technological changes, and a transformation in social values in favor of recreational and preservationist uses, also have been critical. Throughout, the law, while also in a state of continual change, has played at least a supporting role.
This book exposes the dysfunction of environmental law and offers a transformative approach based on the public trust doctrine. An ancient and enduring principle, the public trust doctrine empowers citizens to protect their inalienable property rights to crucial resources. This book shows how a trust principle can apply from the local to global level to protect the planet.
Australia's Northern Territory is twice the size of Texas with a population less than one-tenth that of Houston. How could so vast a place be a setting for environmental abuse? American anthropologist Richard Symanski shows how the Outback's ecology has been drastically altered as Europeans, Aborigines, wild species, and introduced species make their impact on the land and on each other.
This volume covers a variety of topics in the fields of the law of the sea and the protection of the environment. The particular focus of the volume is on the role and function of judicial, quasi-judicial and administrative institutions in the prevention and settlement of disputes in both of these areas. This includes an overview and insightful analysis of the cases of the International Tribunal for the Law of the Sea during its first decade. Further substantive issues range from the allocation of shared marine resources, maritime boundary delimitation and issues of maritime security to the prevention of marine pollution as well as a coverage of the compliance and enforcement mechanisms of international environmental law. The views from both scholars' and practitioners' perspectives presented in this volume will offer readers a number of outstanding intellectual synergies to reflect on the development of international law. It can provide both scholars and policy-makers alike with new insights on how to address pressing problems in international law, including ideas for improved institutional design. The work has been compiled in honour of Thomas A. Mensah and comprises 59 essays from leading scholars and practitioners in international law.
This comprehensive report offers state trust land managers the latest strategies and tools for asset management, residential and commercial development, conservation use, and collaborative planning. Land managers will learn how to fulfill their trust responsibilities while producing larger revenues for trust beneficiaries, accommodating public interests, and more. This is a revised edition of a report originally published in 2006.
Ocean and Coastal Resources Law is a topical and up-to-date resource for those interested in marine law and policy and the land uses near marine areas, and how they interact. Ocean and Coastal Resources Law, 4e, provides an interdisciplinary approach that combines cases and materials with key sources from science, economics, and business. Ocean and Coastal Resources Law prepares students for practice as lawyers in a variety of fields, such as conservation and marine protection, oil and gas and renewable energy development, coastal land use, real estate, development, and work in nongovernmental organizations and federal and state regulatory agencies. The Fourth Edition adds updated materials related to the rapidly developing law of climate adaptation, e.g., fisheries regulation as fish populations relocate, and the regulation of coastal structure protection as sea levels rise. New to the Fourth Edition: Coverage of domestic and international ocean law, protected marine species, and off-shore industrial development Updated materials on renewable energy and aquaculture In-depth treatment of the Deepwater Horizon disaster. A holistic view of how activities on the seas affect coastal land activities, and vice versa Updates throughout Coastal Law chapters through 2023 New points for discussion Refreshed problem exercises Professors and students will benefit from: Coverage of domestic and international ocean law--richly illustrated and accessibly written The back-to-back organization of Ocean Law and Coastal Law chapters may be easily adapted to syllabi on Ocean Law, Coastal Law, or Ocean and Coastal Law courses Interdisciplinary materials from law, science, economics, and business inform and add perspective to a range of subjects--such as conservation, land use, and industry regulation--preparing students for careers as lawyers in a variety of fields Points for discussion highlight connections between cases and topics and raise questions that encourage students to articulate a response to issues of law and policy
As the vast expanses of natural forests and the great populations of salmonids are harvested to support a rapidly expanding human population, the need to understand streams as ecological systems and to manage them effectively becomes increasingly urgent. The unfortunate legacy of such natural resource exploitation is well documented. For several decades the Pacific coastal ecoregion of North America has served as a natural laboratory for scientific and managerial advancements in stream ecology, and much has been learned about how to better integrate ecological processes and characteristics with a human-dominated environment. These in sightful but hard-learned ecological and social lessons are the subject of this book. Integrating land and rivers as interactive components of ecosystems and watersheds has provided the ecological sciences with impor tant theoretical foundations. Even though scientific disciplines have begun to integrate land-based processes with streams and rivers, the institutions and processes charged with managing these systems have not done so successfully. As a result, many of the watersheds of the Pacific coastal ecoregion no longer support natural settings for environmental processes or the valuable natural resources those processes create. An important role for scientists, educators, and decision makers is to make the integration between ecology and con sumptive uses more widely understood, as well as useful for effective management.