Federalism in the Forest


Book Description

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, Forests and Federalism


Book Description

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.




Constitutions and the Commons


Book Description

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.




The U.S. Supreme Court and New Federalism


Book Description

Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court's "new federalism" begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation




Multinational Federalism


Book Description

A collection of state of the art reflections by fourteen leading experts in the field of multinational federalism. Seymour and Gagnon have gathered contributions from philosophers, political scientists and jurists dealing with the accommodation of peoples in countries like Belgium, Canada, Europe, Great Britain, India and Spain.




Passing the Buck


Book Description

Passing the Buck is the first in-depth study of the impact of federalism on Canadian environmental policy. The book takes a detailed look at the ongoing debate on the subject and traces the evolution of the role of the federal government in environmental policy and federal-provincial relations concerning the environment from the late 1960s to the early 1990s. The author challenges the widespread assumption that federal and provincial governments invariably compete to extend their jurisdiction. Using well-researched case studies and extensive research to support her argument, the author points out that the combination of limited public attention to the environment and strong opposition from potentially regulated interests yields significant political costs and limited political benefits. As a result, for the most part, the federal government has been content to leave environmental protection to the provinces. In effect, the federal system has allowed the federal government to pass the buck to the provinces and shirk the political challenge of environmental protection.




Forest Policy Analysis


Book Description

Professor Max Krott, Director of the Institute of Forest Policy and Nature Conservation at the University of Göttingen, Germany, introduces the most important political players and stakeholders, including the forest owners, the general population, forest workers and employees, forest associations and administration, as well as the media. He illustrates the political and regulatory instruments using examples in current forest policy. Forest Policy Analysis places a special emphasis on the informal processes that are indispensable in understanding practical politics. References made to current English and German-language publications on forest policy studies enable further information to be found with concern to special issues.




Decentralization of Forest Administration in Indonesia


Book Description

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.




New Dimensions in Federal Discourse in India


Book Description

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.




Climate Governance and Federalism


Book Description

A review of federal and decentralised systems of governance, and whether these facilitate or hinder climate change mitigation and adaptation.