Managing Wetlands Sustainably as Ecosystems: The Contribution of the Law (Part 2)

In this Part 2 attention is turned towards the legal arrangements in nation states for managing wetlands. These national arrangements have effect within the international arrangements already mentioned and any regional arrangements that are relevant. However, each national system is a reflection of its own historical, cultural, political and constitutional background. It is the purpose of this Part 2 to review and assess the national approaches to wetlands management. This involves an analysis of a range of instruments. These are: constitutional rules; strategic rules; regulatory rules; and management rules. Each of these sets of rules performs different functions, assumes different forms and is differentially capable of enforcement.

Services Evolution of Two Groundwater Dependent Wetland Ecosystems in the “Mancha Húmeda” Biosphere Reserve (Spain)

A wetland that does not comply with the ecological standards of EU Directive 2000/60/EC cannot properly provide its services. This paper presents a review of the criteria for wetland assessment based on the Spanish experience in two specific Ramsar areas: the Tablas de Daimiel and the Ruidera Lakes. The aim of this article is to consider and promote a holistic awareness of the hydrological cycle and of the wetland area ecosystems within it. The methodology developed under the umbrella of the UNESCO project IGCP 604 is applied to describe the groundwater-wetland-human interrelationship. This methodology was chosen for two reasons: (a) it is designed to assess the services the wetlands provide; (b) it focuses on groundwater dependent wetlands such as the two cases presented here. In each case, although to a different extent, agricultural activities and water management have led to important changes in the services provided by the two ecosystems.

Towards low emissions in the electricity generation sector : creating a coherent legal model for Australia

Australia’s efforts to transition to a low-emissions economy have stagnated following the successive defeats of the Carbon Pollution Reduction Scheme. This failure should not, however, be regarded as the end of Australia’s efforts to make this transition. In fact, the opportunity now exists for Australia to refine its existing arrangements to enable this transition to occur more effectively. The starting point for this analysis is the legal arrangements applying to the electricity generation sector, which is the largest sectoral emitter of anthropogenic greenhouse gas emissions in Australia. Without an effective strategy to mitigate this sector’s contribution to anthropogenic climate change, it is unlikely that Australia will be able to transition towards a low-emissions economy. It is on this basis that this article assesses the dominant national legal arrangement – the Renewable Energy Target – underpinning the electricity generation sector's efforts to become a low-emissions sector.

Phosphorus dynamics in the ditch system of a restored peat wetland

The restoration of wetlands as bird habitats often involves the maintenance of a fluctuating water regime by careful, localised ditch water management using pumps and sluices. However, there is evidence in the literature to Suggest that alternate flood/drainage cycles can accelerate nutrient cycling and transport within the soil and, therefore, pose a threat to water quality through the process of eutrophication. This study focused on the dynamics and losses of soil P in a recently re-wetted, eutrophic fen peat developed on alluvium ill South west England. During the 2-year Study (2001 and 2002), soil water tensiometry revealed that the field water table (fluctuating annually between +20 and 60 cm relative to ground level) was extensively influenced across most of the 8.4 ha field site by the management of the adjacent ditch water levels. This conservation-led, prescribed water balance was facilitated by the high hydraulic conductivity (1.1 x 10(-s) ms(-1)) of the lower (70-140 cm), degraded layer of peat. However, only during a 7-day period of water table drawdown by intermittent pump drainage, approximately 45 g ha(-1) of dissolved reactive P (DRP) entered the pumped ditch from the field via this degraded layer. Summer rainfall events >35 mm d(-1) also coincided with significant peaks ill ditch water P concentration (up to 200 mu g L-1 DRP). Even larger peaks (Up to 700 mu g L-1 DRP) Occurred With the annual onset of autumn reflooding. These episodic P loss events pose a serious potential threat to biological water quality. (C) 2009 Elsevier B.V. All rights reserved.

Captação de recursos por meio de debêntures conversíveis em ações: uma opção para os investimentos no Pré-Sal

O tema a respeito do financiamento da exploração e produção de petróleo, gás natural e outros hidrocarbonetos fluidos nas áreas do Pré-Sal tem sido motivo de debate entre estudiosos e profissionais da área. No novo regime de exploração e produção previsto na Lei n 12.351/2010, a Petróleo Brasileiro S.A. (Petrobras) será a operadora de todos os blocos contratados, ou seja, responsável pela condução e execução, direta ou indireta, de todas as atividades de exploração, avaliação, desenvolvimento, produção e desativação das instalações de exploração e produção. Tal incumbência legal, por si só, denota o volume de investimentos que a Petrobras deverá realizar nos próximos anos, seja com recursos próprios ou de terceiros, para exploração dessas novas áreas descobertas. Ademais, as sociedades contratadas para empreender as operações exploratórias também necessitarão de recursos, uma vez que, junto com a Petrobras, assumirão os custos e os investimentos referentes às atividades de exploração, avaliação, desenvolvimento, fabricação e desativação das instalações de exploração e produção decorrentes dos contratos de partilha. As debêntures conversíveis em ações apresentam-se como uma alternativa viável para a captação de recursos financeiros, além de proporcionarem vantagens, se comparadas com outras formas de financiamento, como empréstimos junto a instituições financeiras e aumento de capital, uma vez que é a companhia emissora responsável por decidir, por exemplo, a data e prazo de vencimento das debêntures e a forma de remuneração dos subscritores de tais títulos. O novo regime legal das debêntures, instituído pela Lei n 12.431/2011, também veio a facilitar o uso desse instrumento para financiar as atividades de produção e exploração de petróleo, gás natural e outros hidrocarbonetos fluidos nas áreas do Pré-Sal. A Petrobras, mesmo enquanto sociedade de economia mista, poderá emitir debêntures conversíveis em ações, observadas algumas regras para a manutenção do seu controle pela União.

O princípio da precaução como fundamento bioético e biojurídico na delimitação da responsabilidade em bio-segurança

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

Executive remuneration, financial performance and corporate governance in UK and Spanish listed firms

This study examines the relationship between executive directors’ remuneration and the financial performance and corporate governance arrangements of the UK and Spanish listed firms. These countries’ corporate governance framework has been shaped by differences in legal origin, culture and backgrounds. For example, the UK legal arrangements can be defined as to be constituted in common-law, whereas for Spanish firms, the legal arrangement is based on civil law. We estimate both static and dynamic regression models to test our hypotheses and we estimate our regression using Ordinary Least Squares (OLS) and the Generalised Method of Moments (GMM). Estimated results for both countries show that directors’ remuneration levels are positively related with measures of firm value and financial performance. This means that remuneration levels do not lead to a point whereby firm value is reduced due to excessive remuneration. These results hold for our long-run estimates. That is, estimates based on panel cointegration and panel error correction. Measures of corporate governance also impacts on the level of executive pay. Our results have important implications for existing corporate governance arrangements and how the interests of stakeholders are protected. For example, long-run results suggest that directors’ remuneration adjusts in a way to capture variation in financial performance

Effects of Simulated Drought on the Carbon Balance of Everglades Short-Hydroperiod Marsh

Hydrology drives the carbon balance of wetlands by controlling the uptake and release of CO2 and CH4. Longer dry periods in between heavier precipitation events predicted for the Everglades region, may alter the stability of large carbon pools in this wetland's ecosystems. To determine the effects of drought on CO2 fluxes and CH4 emissions, we simulated changes in hydroperiod with three scenarios that differed in the onset rate of drought (gradual, intermediate, and rapid transition into drought) on 18 freshwater wetland monoliths collected from an Everglades short-hydroperiod marsh. Simulated drought, regardless of the onset rate, resulted in higher net CO2 losses net ecosystem exchange (NEE) over the 22-week manipulation. Drought caused extensive vegetation dieback, increased ecosystem respiration (Reco), and reduced carbon uptake gross ecosystem exchange (GEE). Photosynthetic potential measured by reflective indices (photochemical reflectance index, water index, normalized phaeophytinization index, and the normalized difference vegetation index) indicated that water stress limited GEE and inhibited Reco. As a result of drought-induced dieback, NEE did not offset methane production during periods of inundation. The average ratio of net CH4 to NEE over the study period was 0.06, surpassing the 100-year greenhouse warming compensation point for CH4 (0.04). Drought-induced diebacks of sawgrass (C3) led to the establishment of the invasive species torpedograss (C4) when water was resupplied. These changes in the structure and function indicate that freshwater marsh ecosystems can become a net source of CO2 and CH4 to the atmosphere, even following an extended drought. Future changes in precipitation patterns and drought occurrence/duration can change the carbon storage capacity of freshwater marshes from sinks to sources of carbon to the atmosphere. Therefore, climate change will impact the carbon storage capacity of freshwater marshes by influencing water availability and the potential for positive feedbacks on radiative forcing.

Sources, Fate and Transformation of Organic Matter in Wetlands and Estuaries

Dissolved organic matter (DOM) is a complex mixture of organic compounds and represents the largest reservoirs of carbon (C) on earth. Particulate organic matter (POM) is another important carbon component in C cycling and controls a variety of biogeochemical processes. Estuaries, as important interfaces between land and ocean, play important roles in retaining and transforming such organic matter (OM) and serve as both sources and sinks of DOM and POM. There is a diverse array of both autochthonous and allochthonous OM sources in wetland/estuarine ecosystems. A comprehensive study on the sources, transformation and fate of OM in such ecosystems is essential in advancing our understanding of C cycling and better constraining the global C budget. In this work, DOM characteristics were investigated in different estuaries. Dissolved organic matter source strengths and dynamics were assessed in a seagrass-dominated subtropical estuarine lagoon. DOM dynamics controlled by hydrology and seagrass primary productivity were confirmed, and the primary source of DOM was quantified using the combination of excitation emission matrix fluorescence with parallel factor analysis (EEM-PARAFAC) and stable C isotope analysis. Seagrass can contribute up to 72% of the DOM in the study area. The spatial and temporal variation of DOM dynamics was also studied in a freshwated dominated estuary fringed with extensive salt marshes. The data showed that DOM was primarily derived from freshwater marshes and controlled by hydrology while salt marsh plants play a significant role in structuring the distribution patterns of DOM quality and quantity. The OM dynamics was also investigated in a mangrove-dominate estuary and a comparative study was conducted between the DOM and POM pools. The results revealed both similarity and dissimilarity in DOM and POM composition. The dynamics of both OM pools are largely uncoupled as a result of source differences. Fringe mangrove swamps are suggested to export similar amounts of DOM and POM and should be considered as an important source in coastal C budgets. Lastly, chemical characterizations were conducted on the featured fluorescence component in OM in an attempt to better understand the composition and origins of the specific PARAFAC component. The traditionally defined ‘protein-like’ fluorescence was found to contain both proteinaceous and phenolic compounds, suggesting that the application of this parameter as a proxy for amino acid content and bioavailability may be limited.

Gazes at the monster : courts, NGOs, and the UN Security Council

Tese (doutorado)—Universidade de Brasília, Faculdade de Direito, Programa de Pós-Graduação em Direito, 2016.

Managing wetlands sustainably as ecosystems : The contribution of the law (part 1)

The ways in which a society set standards of behaviour and of conduct for its members vary hugely. For example, accepted practices, recognised customs, spiritually or morally inspired norms, judicially declared rules, executively formulated edicts, formal legislative enactments or constitutionally embedded rights and duties. Whatever form they assume, these standards are the artificial construction of the human mind. Accordingly the law - whatever its form - can do no more and no less than regulate or set standards for human behaviour, human conduct, and human decision-making. The law cannot regulate the environment. It can only regulate human activities that impact directly or indirectly upon the environment. This applies as much to wetlands as components of the environment as it does to any other components of the environment or the environment at large. The capacity of the law to protect the environment and therefore wetlands is thus totally dependent upon the capacity of the law to regulate human behaviour, human conduct and human decision-making. At the same time the law needs to reflect the specific nature, functions and locations of wetlands. A wetland is an ecosystem by itself; it comprises a range of ecosystems within it; and it is part of a wider set of ecosystems. Hence, the significant ecological functions performed by wetlands. Then there are the benefits flowing to humans from wetlands. These may be social, economic, cultural, aesthetic, or a combination of some or of all of these. It is a challenge for a society acting through its legal system to find the appropriate balance between these ecological and these human values. But that is what sustainability requires.The ways in which a society set standards of behaviour and of conduct for its members vary hugely. For example, accepted practices, recognised customs, spiritually or morally inspired norms, judicially declared rules, executively formulated edicts, formal legislative enactments or constitutionally embedded rights and duties. Whatever form they assume, these standards are the artificial construction of the human mind. Accordingly the law - whatever its form - can do no more and no less than regulate or set standards for human behaviour, human conduct, and human decision-making. The law cannot regulate the environment. It can only regulate human activities that impact directly or indirectly upon the environment. This applies as much to wetlands as components of the environment as it does to any other components of the environment or the environment at large. The capacity of the law to protect the environment and therefore wetlands is thus totally dependent upon the capacity of the law to regulate human behaviour, human conduct and human decision-making. At the same time the law needs to reflect the specific nature, functions and locations of wetlands. A wetland is an ecosystem by itself; it comprises a range of ecosystems within it; and it is part of a wider set of ecosystems. Hence, the significant ecological functions performed by wetlands. Then there are the benefits flowing to humans from wetlands. These may be social, economic, cultural, aesthetic, or a combination of some or of all of these. It is a challenge for a society acting through its legal system to find the appropriate balance between these ecological and these human values. But that is what sustainability requires.

Current status and biodiversity modification in the coastal wetland ecosystems of India with objectives for its sustainable management

The South West (S.W.) coast of India is blessed with a series of wetland systems popularly referred to as backwaters covering a total area of 46128.94 ha. These backwaters are internationally renowned for their aesthetic and scientific values including being a repository for several species fish and shell fishes. This is more significant in that three wetlands (Vembanad, Sasthamcotta and Ashtamudi) have recently been designated as Ramsar sites of international importance. Thirty major backwaters forming the crux of the coastal wetlands form an abode for over 200 resident or migratory fish and shellfish species. The fishing activities in these water bodies provide the livelihood to about 200,000 fishers and also provide full-time employment to over 50,000 fishermen. This paper describes the changes on the environmental and biodiversity status of selected wetlands, during 1994-2005 period. The pH was generally near neutral to alkaline in range. The salinity values indicated mixohaline condition ranging from 5.20-32.38 ppt. in the 12 wetlands. The productivity values were generally low in most of the wetlands during the study, where the gross production varied from 0.22 gC/m3/day in Kadinamkulam to 1.10 gC/m3/day in the Kayamkulam. The diversity of plankton and benthos was more during the pre-monsoon compared to the monsoon and post-monsoon periods in most of the wetlands. The diversity of plankton and benthos was more during the pre-monsoon compared to the monsoon and post-monsoon periods in most of the wetlands. The average fish yield per ha. varied from 246 kg. in Valapattanam to 2747.3 kg. in Azhikode wetland. Retting of coconut husk in most of the wetlands led to acidic pH conditions with anoxia resulting in the production of high amounts of sulphide, coupled with high carbon dioxide values leading to drastic reduction in the incidence and abundance of plankton, benthic fauna and the fishery resources. The major fish species recorded from the investigation were Etroplus suratensis, E. maculatus, Channa marulius, Labeo dussumieri, Puntius sp. Lutianus argentimaculatus, Mystus sp., Tachysurus sp. and Hemiramphus sp. The majority of these backwaters are highly stressed, especially during the pre monsoon period when the retting activity is at its peak. The study has clearly reflected that a more restrained and cautious approach is needed to manage and preserve the unique backwater ecosystems of South-west India

Assessing the sustainability of urban ecosystems : an innovative approach

At the turn of the millennium, the Earth’s human population has reached unprecedented levels and its natural resources are being pushed to the limit. Thus, cities are focused on sustainable development and they have begun to develop new strategies for improving the built environment. Sustainable development provides the best outcomes for the human and natural environments by improving the quality of life that protects and balances the ecological, social and economic values. This brings us to the main point: to build a sustainable built environment, cities need to redesign many of their technologies and planning policies within the context of ecological principles. As an environmental sustainability index model, ASSURE is developed to investigate the present environmental situation of an urban area by assessing the impacts of development pressure on natural resources. It is an innovative approach to provide the resilience and function of urban ecosystems secure against the environmental degradation for now and the future. This paper aims to underline the importance of the model (ASSURE) in preserving biodiversity and natural ecosystems in the built environment and investigate its role in delivering long-term urban planning policies.