Adaptive Management in the Courts

Adaptive management has become the tonic of natural resources policy. With its core idea of “learning while doing,” adaptive management has infused the natural resources policy world to the point of ubiquity, surfacing in everything from mundane agency permits to grand presidential proclamations. Indeed, it is no exaggeration to suggest that these days adaptive management is natural resources policy. But is it working? Does appending “adaptive” in front of “management” somehow make natural resources policy, which has always been about balancing competing claims to nature’s bounty, something more and better? Many legal and policy scholars have asked that question, with mixed reviews. Their evaluations, however, have rested on theory, program-specific surveys, and isolated case studies. This article provides the first comprehensive review of adaptive management from the perspective that likely matters most to the natural resource agencies practicing adaptive management - how is it faring in the courts? Part I of the Article examines the theory, policy, and practice of adaptive management, focusing on the experience of the federal resource management agencies. The end product in practice is something we call “a m-lite,” a watered down version of the theory that resembles ad hoc contingency planning more than it does planned “learning while doing.” This gap between theory and practice leads to profound disparities between how agencies justify decisions and how adaptive management in practice arrives at the courthouse doorsteps. In Part II we review how these disparities have played out in courts considering claims that agency practice of adaptive management has not lived up to its theoretical promise or to the legal demands of substantive and procedural environmental law. We extract three key themes from the body of case law in this respect. Part III extends from the existing case law to draw lessons for agencies and Congress about the future practice of adaptive management. Our ultimate message to agencies is that a m-lite can be an effective decision method - and one that survives judicial scrutiny - but agencies must be more disciplined about its design and implementation. This includes resisting the temptation to employ adaptive management to dodge burdensome procedural requirements, substantive management criteria, and contentious stakeholder participation. If faithfully followed and enforced, this model, despite its flaws, could serve as an important component of natural resources policy to confront problems of the future as daunting as climate change

The Mediterranean Sea as border space: a geo-literary analysis

Der Schwerpunkt meiner Dissertation liegt auf der Analyse der Art und Weise, wie das Mittelmeer als Grenzraum in fünf literarischen Werken, die von 2005 bis heute erschienen sind, dargestellt und wiedergegeben wird. Indem ich das Mittelmeer sowohl als Gegenstand der ästhetischen Darstellung behandle, analysiere ich diese Werke, um die Symbolik der maritimen Grenzen zu untersuchen. Auf diese Weise versuche ich, ein Paradigma für das Verständnis der Mittelmeer-Grenze als dynamisches, vielschichtiges, allgegenwärtiges, (un)sichtbares und performatives Konstrukt zu entwickeln. Der Korpus der Analyse umfasst literarische Werke, die im Mittelmeerraum veröffentlicht wurden, und sich mit dem Thema der clandestine migration, der Transmigration und der Abwanderung befasst. Die fünf Grenzromane umfassen verschiedene Genres, darunter die bio-fiktionale Erzählung von Catozzella Non dirmi che hai paura (2014) [Sag nicht, dass du Angst hast (2016)], die spekulativ Fiktion von Charfi Le Baiser de Lampedusa (2011), die composite novel von Lalami Hope and other dangerous pursuits (2005) [Hoffnung und andere gefährliche Bestrebungen], der Kriminalroman von Pajares Aguas de venganza (2016) [Gewässer der Rache] und der realistische, teilweise volksmärchenhafte Roman, von Khaal African Titanics (2008, Englische Übersetzung. 2014), die zur Inszenierung kritischer Untersuchungen über die maritime Grenze werden. Die Dissertation schlägt eine geo-literarische Lesart der Grenzliteratur vor, die sich aus einem breiten Korpus theoretischer Schriften über Grenzen aus den Sozial und Geisteswissenschaften – Kultur und Literaturwissenschaften – herausarbeitet. Das Projekt richtet sich darauf aus, diese beiden Disziplinen miteinander ins Gespräch zu bringen, indem der soziokulturelle, literarische und politische Beitrag der Grenzliteratur berücksichtigt wird. In diesem Sinne ist meine Dissertation ein Beitrag zu Border Studies, Border Aesthetics und Mediterranean Studies.The primary focus of my dissertation is the analysis of the ways in which the Mediterranean Sea is rendered and modeled as a border space in five border literary works published from 2005 to the present. Treating the Mediterranean Sea as both the topic of literary analysis and the element of aesthetic representation, I investigate these works to examine the imageries of the maritime border as they transpire in literature. In so doing, I am seeking to provide a paradigm for comprehending the Mediterranean border as a dynamic, multi-scaled, ubiquitous, (in)visible and performative construct. The corpus of analysis comprises of literary works published in different languages and countries, notably from around the Mediterranean Sea, that address the theme of clandestine migration, transmigration, relocation and the social and cultural challenges they bring forth. The five border novels span genres, including bio-fictional narrative, Catozzella's Non dirmi che hai paura (2014) [Don't tell me you are afraid (2016)], speculative fiction, Charfi's Le Baiser de Lampedusa (2011), composite novel, Lalami's Hope and other dangerous pursuits (2005), detective fiction, Pajares' Aguas de venganza (2016) [Waters of revenge] and realist one interlaid with folktales, Khaal's African Titanics (2008 English transl. 2014), becoming the staging of critical investigations about the maritime border. The dissertation proposes a geo-literary reading of border fiction, working its way out from a large body of theoretical writing on borders born of the social sciences and the humanities — cultural studies and literary criticism. The project aims to put these two larger disciplines into conversation with one another by taking into consideration the socio-cultural, literary and political contribution of border fiction. In this line, my dissertation is a contribution to Border Studies, Border Aesthetics, and Mediterranean Studies

Timber Trafficking and its Impacts on Human Security in Vietnam

As with other forms of green crime, timber trafficking is frequently overlooked by traditional criminology. This research is an exploratory investigation into the problem of timber trafficking in Vietnam, which aims to obtain a detailed understanding of the typology of, victimisation from, and key factors driving this crime. To achieve this aim, 41 semi-structured interviews with seven different cohorts (environmental police, investigative police, forest protection officers, commune authorities, forest-based inhabitants, timber traders, and green NGO staff) were conducted. Over one hundred pages of official documents (criminal case records, operational reports, and conference papers), and more than two hundred relevant newspapers were collected and analysed to enhance and triangulate the primary data. This research reveals a multifaceted typology of timber trafficking in Vietnam, comprising five different components: harvesting, transporting, trading, supporting, and processing. Each of these components is further constituted by distinctive, parallel forms of illicit operation. There are, for example, three parallel forms of illegal timber harvesting, termed small-scale, medium-scale and large-scale (SSITH, MSITH and LSITH). While having certain overlaps, in general SSITH, MSITH and LSITH are fundamentally distinctive not only in terms of the volumes of illicit timber they produce and the methods of illegally felling trees they employ, as typically identified in the previous studies, but more importantly in terms of the harvesters‘ attributes, their motivations, and the sophistication and security implications of the criminal operations. It is thus argued that the typology of illegal timber harvesting in this research challenges the typical classification in the existing literature, and offers an alternative way of understanding more comprehensively the dynamic of illegal logging. Regarding the victimisation from timber trafficking, due to the employment of a broad conceptual framework of human security, it is revealed that timber trafficking has substantial harmful impacts on all seven elements of human security: economic, food, health, environmental, personal, community, and political. These impacts are closely interconnected, but vary between different groups of victims. These findings culminate in the proposal that there are three main typical characteristics of green victimisation: suffering hierarchy, victim-offender overlap, and multidimensionality. Additionally, the employment of a human security paradigm in this research leads to another proposal that it is highly achievable and productive to integrate perspectives from the field of security studies into the discipline of green criminology, for the purpose of systematically examining green victimisation. Finally, this research offers five solutions to control timber trafficking in the context of Vietnam, by refining the current policy framework of forest governance and improving the efficiency of law enforcement

Urban Informatics

This open access book is the first to systematically introduce the principles of urban informatics and its application to every aspect of the city that involves its functioning, control, management, and future planning. It introduces new models and tools being developed to understand and implement these technologies that enable cities to function more efficiently – to become ‘smart’ and ‘sustainable’. The smart city has quickly emerged as computers have become ever smaller to the point where they can be embedded into the very fabric of the city, as well as being central to new ways in which the population can communicate and act. When cities are wired in this way, they have the potential to become sentient and responsive, generating massive streams of ‘big’ data in real time as well as providing immense opportunities for extracting new forms of urban data through crowdsourcing. This book offers a comprehensive review of the methods that form the core of urban informatics from various kinds of urban remote sensing to new approaches to machine learning and statistical modelling. It provides a detailed technical introduction to the wide array of tools information scientists need to develop the key urban analytics that are fundamental to learning about the smart city, and it outlines ways in which these tools can be used to inform design and policy so that cities can become more efficient with a greater concern for environment and equity

Coexistence with large carnivores in the north west of Spain

Relationships between humans and large carnivores are multi-layered and built on a variety of values, beliefs and interactions. When the experience of coexistence is predominantly negative, both local livelihoods and carnivore conservation can suffer. By focusing on an area of Spain where local communities have always lived alongside wolves and bears, this research aims to study how local experiences of coexistence are shaped by governance approaches. The study is a comparison between four different sites with distinct socio-political characteristics and with different large carnivore management policies. Semi-structured and informal interviews were carried out with over 60 informants, and both quantitative and qualitative data were collected from a sample of livestock farmers (n=271), hunters (n=157) and beekeepers (n=40), in order to compare carnivore acceptance levels and narrative constructs across the study sites. // The thesis begins by introducing the broader context in which interactions with carnivores take place, and by exploring how changes in the landscape and in traditional livestock farming practices driven by agricultural policy have shaped local perceptions of the environment and of resource user’s role within it. The thesis then presents a synthesis the wolf governance systems in place across the study sites, and explores their effects on coexistence between wolves and local resource users. Using theories on environmentality, I analyse the ideological approaches underlying carnivore governance, and then look at how these approaches are received on the ground, by examining how local resource users either assimilate or resist governance approaches. The final chapter then focusses on two study areas with similar bear presence, to investigate the sociopolitical drivers that result in different levels of acceptance of bears among resource users. In doing so, it looks at the ways in which narratives over bear recovery, protected area management and land tenure resonate with each other and serve to reinforce one another