Litigation against fracking bans and moratoriums in the US: exit, voice and loyalty

A number of US states, counties and municipalities have responded to the public health and environmental concerns surrounding fracking by imposing bans or moratoriums on unconventional oil and gas drilling. These restrictions have, in recent years, given rise to litigation challenges by oil and gas companies and by property owners deprived of potential revenues. The current article begins by examining precisely who has litigated. Have large companies dominated or is it mostly smaller independents? Is there a difference in litigation rates between private and public companies? The article then considers how Hirschman’s ideas of exit, voice and loyalty might apply in the context of bans and moratoriums and further explores some of the factors that may have driven litigation in the area.

Neo-Gramscianism

Gramscian concepts have been utilized by scholars to analyze and illuminate various aspects of GLOBAL ENVIRONMENTAL GOVERNANCE. A foremost application of neo-Gramscianism to the scholarship on global environmental governance has been in challenging the basic premise of orthodox regime theory that international environmental rule-making is the exclusive preserve of state actors. Gramscian theory is very sensitive to the role and importance of political contestations, accommodations and compromises, which many have noted as the ‘stuff’ of environmental governance. Crucially, while a Gramscian analysis is sensitive to the counter-hegemonic potential of the subordinate class and the ever contested and changing contours of power in a social regime, it does not subscribe to the unlimited possibility of outcome. Given the utility of neo-Gramscian ideas, as demonstrated by the scholarship discussed, it is surprising that the approach has not been deployed more widely in the scholarship on global environmental governance.

“Pussy cat, pussy cat where have you been..?” Evaluating the use of stable isotopes, radiogenic isotopes and trace elements for investigating the ecology of Panthera leo

1. Understanding the behaviour and ecology of large carnivores is becoming increasingly important as the list of endangered species grows, with felids such as Panthera leo in some locations heading dangerously close to extinction in the wild. In order to have more reliable and effective tools to understand animal behaviour, movement and diet, we need to develop novel, integrated approaches and effective techniques to capture a detailed profile of animal foraging and movement patterns. 2. Ecological studies have shown considerable interest in using stable isotope methods, both to investigate the nature of animal feeding habits, and to map their geographical location. However, recent work has suggested that stable isotope analyses of felid fur and bone is very complex and does not correlate directly with the isotopic composition of precipitation (and hence geographical location). 3. We present new data that suggest these previous findings may be atypical, and demonstrate that isotope analyses of Felidae are suitable for both evaluating dietary inputs and establishing geo-location as they have strong environmental referents to both food and water. These data provide new evidence of an important methodology that can be applied to the family Felidae for future research in ecology, conservation, wildlife forensics and archaeological science.

Cultural equality and its soft power against terrorism

This book is a collection of papers originally presented at a workshop entitled 'After Nine Eleven: Ethics in the Time of Terror' hosted by Monash University on 24 June 2005. The workshop participants included members of the Ethics of War and Peace (EWAP) working group which was inaugurated at the first Oceanic Conference on International Studies in July 2004. EWAP provides a cross-disciplinary forum for scholars and non-academic professionals to exchange and debate ideas on topics including the ethics of armed intervention, the Just War, pacifist ethics, international humanitarian law, ethics in the military profession, and the relationship between law, ethics and politics.

The chapters within this book examine themes including 'lesser evils' and 'dirty hands' in the fight against terrorism, the ethics of intelligence gathering, humanitarian intervention, terrorism and the North-South divide, cultural equality as a response to terrorism, human rights and counterterrorism legislation, and the ethics of defending against 'bioterrorism'. 

Contributors include Alex Bellamy and Richard Devetak (University of Queensland), Baogang He (Deakin University), Christopher Michaelsen (Office for Democratic Institutions and Human Rights, Organization for Security and Co-operation in Europe), Jeremy Moses (University of Canterbury), Christian Enemark and Hugh Smith (University of New South Wales, Australian Defence Force Academy).

The Kuhse-Singer euthanasia survey: why it fails to undermine the slippery slope argument - comparing apples and apples

A survey published in the Medical Journal of Australia in 1997 showed that the incidence of non-voluntary euthanasia in Australia was higher than in the Netherlands. Euthanasia is illegal in Australia, while it is openly practiced in the Netherlands. It has been suggested that the results of the survey undermine the slippery slope argument against legalising euthanasia. This is wrong. Although at the time of the survey, euthanasia was formally prohibited by the law in Australia, the medical and legal culture was such that doctors could practice euthanasia with impunity — in certain circumstances euthanasia by doctors was effectively condoned. This is in fact supported by the findings of the survey. The survey suggests that there were approximately 6,700 cases of euthanasia in Australia in the year from July 1994 to June 1995 — not one of which was prosecuted, let alone resulted in a conviction. Ultimately the survey merely shows that in a climate where voluntary euthanasia is tolerated, wide scale abuses (in the form of nonvoluntary euthanasia) occur. Paradoxically the results of the survey give further support to the slippery slope argument.

Participatory research in EE: some issues of epistemology and methodology

The conference theme of epistemology and methodology suggests an interest in epistemological issues in environmental education research. I have argued previously that for too long there seemed to be a blindness in environmental education research: that there was an unwarranted assumption that all research in environmental education was and should be conducted within an applied science conceptual framework that did not recognise nor problematise the epistemological assumptions of research. In this paper I intend to address the issue of epistemological coherence between the substantive subject matters of environmental education on the one hand and research, methodology on the other. The paper will draw upon two recent international environmental education projects to explore issues concerning the nature, status and role of research in environmental education. A number of features of community-based environment development projects in two different settings will be described, illustrating the complexity and contextuality of environmental issues as subject matters for environmental education. The implications for research that seeks to acknowledge and respect relationships within community contexts will be considered in relation to the following questions: Whose research agenda? The importance of project partnerships Participants' preconceptions about the nature of research. What is 'rigor' in participatory research in environmental education'?

Advantage Australia

Globalisation is now one of the most important influences on the provision of legal services - Australian legal service providers are well placed to take advantage of the internationalisation of legal services - no room for complacency - advantages must be exploited - competitors monitored.

Brain neuropeptide Y and CCK and peripheral adipokine receptors : temporal response in obesity induced by palatable diet

Objective:
Palatable food disrupts normal appetite regulation, which may contribute to the etiology of obesity. Neuropeptide Y (NPY) and cholecystokinin play critical roles in the regulation of food intake and energy homeostasis, while adiponectin and carnitine palmitoyltransferase (CPT) are important for insulin sensitivity and fatty acid oxidation. This study examined the impact of short- and long-term consumption of palatable high-fat diet (HFD) on these critical metabolic regulators.

Methods:
Male C57BL/6 mice were exposed to laboratory chow (12% fat), or cafeteria-style palatable HFD (32% fat) for 2 or 10 weeks. Body weight and food intake were monitored throughout. Plasma leptin, hypothalamic NPY and cholecystokinin, and mRNA expression of leptin, adiponectin, their receptors and CPT-1, in fat and muscles were measured.

Results:
Caloric intake of the palatable HFD group was 2–3 times greater than control, resulting in a 37% higher body weight. Fat mass was already increased at 2 weeks; plasma leptin concentrations were 2.4 and 9 times higher than control at 2 and 10 weeks, respectively. Plasma adiponectin was increased at 10 weeks. Muscle adiponectin receptor 1 was increased at 2 weeks, while CPT-1 mRNA was markedly upregulated by HFD at both time points. Hypothalamic NPY and cholecystokinin content were significantly decreased at 10 weeks.

Conclusion:
Palatable HFD induced hyperphagia, fat accumulation, increased adiponectin, leptin and muscle fatty acid oxidation, and reduced hypothalamic NPY and cholecystokinin. Our data suggest that the adaptive changes in hypothalamic NPY and muscle fatty acid oxidation are insufficient to reverse the progress of obesity and metabolic consequences induced by a palatable HFD.

Folate fortification : a case study of public health policy-making

This thesis investigates the use of scientific evidence in the process of making public health policy. A case study located within a food regulation setting is used. The aim is to test theory against this case study. The outcome is a theoretical understanding of the use of scientific evidence in the policy-making process in a food regulation setting. Food regulation can influence food composition and food labelling and thereby affect the population's dietary intake. Frequently there are contested values, beliefs, ideologies and interests among stakeholders regarding the use of food regulation as a policy instrument to effect public health outcomes. The protection of public health and safety, taking into account evidence based practice, is generally employed by food regulators as the priority objective during the policy-making process to adjudicate among the competing expectations of stakeholders. However, this policy objective has not been clearly defined and is vulnerable to interpretation and application. The process by which folate fortification policy was made in Australia, in response to epidemiological evidence of a relationship between folate intake during the periconceptional period and reduced risk of neural tube defects, was analysed as a case study of the policy-making process. The folate fortification policy created a precedent for both food fortification and subsequently health claims policy in Australia. A social constructivist method was used to analyse the case study. The method involved deconstructing the food regulatory system into three levels; decision-making process; procedural; and political environment. Data aligned with each level of analysis was collected from 22 key informant interviews, documentary sources, field notes and surveys of both a random sample of the Australian population's knowledge of folate and use of folic acid-containing supplements (n = 5422), and the implementation of folate fortified food products into stores (n = 60). The insights that emerged from each of the three levels of analysis were assessed iteratively to identify a pattern of interrelationships associated with the policy-making process within the food regulatory system. The identified pattern was interpreted against existing theory to gain a theoretical understanding of the public health policy-making process in this political setting. The central argument of this thesis extends Sabatier and Jenkins-Smith's Advocacy Coalition Framework theory to a food regulation setting. The argument is that within the contemporary political climates of neoliberalism and globalisation, a coalition between corporate interests and the values of scientists with a positivist-reductionist approach to public health research is privileged so as to invoke certain scientific evidence to, in turn, legitimise food regulation policy decisions. The theory will help to inform policy-makers about how and why the public health policy objective in a food regulation setting is interpreted and applied. This will contribute to improving policy practice intended to effect public health outcomes. It is concluded that irrespective of the quantity and quality of the scientific evidence that is being made available, scientific evidence cannot be assumed to speak for itself Policy-making is an inherently political and value-laden process and the potential for politically motivated interpretation and application of otherwise value-neutral scientific evidence can undermine the investment in its generation. From this perspective, evidence based practice, far from liberating policy-making from political influence, can itself become part of the problem rather than the solution. Nevertheless, rational evidence based practice is an ideal to strive for and a series of recommendations is proposed to help make the use of evidence in current food regulation policy processes more transparent and democratic.

Child soldiers in the east of the Democratic Republic of Congo

According to the academic literature, the most widely used estimate is that approximately 300,000 children are part of regular and irregular armies worldwide, either as combatants or as support personnel. Moreover, most scholars believe that their numbers are growing. However, the truth is that no one really knows the actual number of child soldiers fighting in some seventy-two government or rebel forces in about twenty countries. This is simply because field work on this subject is notoriously difficult. And as it is in breach of international humanitarian law to engage a child under the age of 18 years, regular armies and guerrilla forces are hardly going to publicize the number of child soldiers in their ranks. Whatever the true number of child soldiers may be, the fact remains that child soldiers have become a principal component of military forces across Africa, Asia, and Latin America. For Africa alone, estimates suggest that there are 120,000 children, 40 per cent of all child soldiers. Moreover, not only has Africa experienced the fastest growth in the use of child soldiers, but the average age of the children enlisted in some African countries is declining as well. And this is despite the fact that there are a number of international treaties and principles that prohibit the use of child soldiers. Successfully bringing peace, security, and the rule of law in the Kivu provinces, in the Democratic Republic of the Congo (DRC), will be a massive challenge that will require domestic and regional measures implemented over probably several years. This will necessitate the continued active political and financial support of the international community.

IP in Asia

This presentation will start with a brief review of the first phase of this project, which focused largely on the impact on innovation of legal and institutional IP reforms in Asia triggered by the WTO Agreement on Trade Related Intellectual Property Rights (TRIPS) and by subsequent bilateral or multilateral Free Trade Agreements (FTAs). The presentation will then show the emerging issues relevant for the second phase of the project, which in an increasingly diversified IP landscape will lie at the intersection of IP with other disciplines and other areas of law, such as competition law, media law, criminal law, human rights, environmental law and constitutional law.

Stakeholder perceptions of threatened species and their management on urban beaches

We surveyed 579 recreationists regarding management of the threatened, beach-dwelling Hooded Plover Thinornis rubricollis. We postulated that: (1) lower awareness of the species and higher ‘inconvenience’ of management would engender less favourable perceptions of conservation and management; and (2) that frequency of beach use and dog ownership may mediate perceptions and levels of awareness and inconvenience. Overall, inconvenience was low while awareness and support for plover conservation were high. Education and awareness strategies were considered less effective than regulations; exclusion and regulations were considered less desirable than on-ground protective measures. Awareness, frequency of beach use and dog walking did not influence the perceived effectiveness of different managements. More frequent beach users had greater awareness of the species and their plight but reported greater inconvenience associated with management. Respondents with high awareness rated the severity of human-related threats higher; low awareness was associated with more inconvenience associated with on-ground protection, and exclusion and regulations. Dog walkers reported more inconvenience associated with exclusions and regulations than non-dog walkers. Dog walkers who used the beach infrequently rated threats significantly higher than frequent beach users. Conservation and education strategies could usefully be tailored to beach users’ level of use and pet ownership.

Negociação e implementação de acordos de poluição transfronteiriça: o caso Brasil-Uruguai em relação à Termelétrica de Candiota (RS)

Os processos de negociação sobre poluição transfronteiriça na América Latina têm sido pouco analisados. Esta tese examina o caso das negociações, os acordos assinados entre Brasil e Uruguai pelo risco de contaminação transfronteiriça produzida pela Usina Termelétrica Presidente Médici (UTPM) e a implementação dos acordos. O processo é analisado desde o seu início em 1988, estendendo-se até 2002. Em primeiro lugar, a tese explica porque o processo de negociação tornou-se possível. A explicação está baseada em três fatores: a existência de uma relação de confiança mútua e de cooperação desenvolvida através do tempo entre ambos Estados; o interesse dos órgãos brasileiros de controle ambiental em melhorar os controles sobre a UTPM; e a falta de alternativas melhores para as partes. Fatores de contexto – como o processo de integração regional, através do Mercosul, e a mudança na política ambiental brasileira – também contribuíram para que o país se interessasse em resolver o problema. O resultado foi positivo para ambas as partes, que decidiram assinar um acordo para a implementação de um monitoramento conjunto. Este monitoramento não comprovou a existência de chuva ácida no Uruguai. Em segundo lugar, a tese revela que a “fraqueza” institucional dos acordos não foi impedimento para que fossem implementados. Ao contrário, permitiu que as autoridades brasileiras cooperassem com Uruguai na realização de um monitoramento sobre a região. Em terceiro lugar, é mostrado que o processo de implementação dos acordos (1991-2002) favoreceu o aumento da capacidade institucional do órgão de controle ambiental do Uruguai e da FEPAM (Brasil), aperfeiçoou o sistema de controle do comportamento ambiental da empresa, e forçou a UTPM a tomar medidas de melhorias ambientais. Por último, a tese deixa claro que o processo de implementação não foi concluído porque o interesse político pelo tema diminuiu em ambos os países, vindo a se tornar um debate meramente técnico