faulker080

The law of the Rhine River seems to be a fruitful topic (see  here  and  here ). The latest Water History  has an article by Jennifer Schiff, "The evolution of Rhine river governance: historical lessons for modern transboundary water management" . The abstract: Transboundary rivers pose significant governing challenges to state actors, as riparian stakeholders struggle to balance their own interests in a critical resource against those of their neighbors. To that end, a case study of Europe’s Rhine River is illustrative, as it provides a strong historical example of shared water management. Indeed, the Rhine experience suggests at least two universal lessons that modern riparian actors the world over would do well to consider when balancing shared riverine interests. First, that transboundary water cooperation is supported by a shared historical legacy of water governance, suggesting that, if a governing regime does not yet exist, riparian actors should purposef...

The latest issue of Water History  has a few articles with legal aspects on which I plan to post. The first is "Instituting water research: the Water Resources Research Act (1964) and the Idaho Water Resources Research Institute" , by Adam M. Sowards and Brynn M. Lacabanne. The abstract: In 1964, Congress passed the Water Resources Research Act (WRRA) and created state research institutes to pursue practical research for the nation’s growing water problems. The Idaho Water Resources Research Institute (IWRRI), initiated as part of WRRA, implemented its research program with multidisciplinary specialists across Idaho. Collaborating with public and private partners, IWRRI advanced research that reflected distinct political, economic, and environmental needs at a time when the state required more rigorous water planning. Case studies presented here include research on understanding and valuing wild and scenic rivers, tracing and mitigating water pollution from industrial mining,...

Over at the Niskanen Center blog, Mark Weiner recently posted the very interesting  "Climate Change Denial as the Historical Consciousness of Trumpism: Lessons from Carl Schmitt" . Some excerpts: We need to understand Trumpism as a philosophical movement even better than its own adherents do, and with full interpretive sympathy, and we need to be prepared to confront it along all its philosophical axes. The most central of these axes is Trumpism’s approach to history, because the identity of a political movement, like that of a nation, becomes fully apparent only once it possesses a self-conscious understanding of the past. ***** As a framework for interpreting the past, climate change denial grows logically from the core metaphysical commitments of contemporary populist nationalism in its confrontation with trans-Atlantic, cosmopolitan, individualist liberalism. In this respect one might thus regard it as the distinctive form of anti-liberal historical thinking of our era.  ...

Adam Webster recently posted his article, "A Colonial History of the River Murray Dispute ". The abstract: This article examines the history of the dispute over the sharing of the waters of the River Murray between the colonies, with particular emphasis on the period from the mid-1880s to the mid-1890s. The article shows that the change in water use by the colonies during this period had a significant impact on the question of how the water should be shared between the colonies. The article examines the early legal arguments regarding the ‘rights’ of the colonies to the waters of the River Murray and argues that these early legal analyses influenced the drafting of the Australian Constitution, which in turn has influenced the way similar disputes between the states are resolved today.

Daniel James Carr recently posted "The Historical Development of Animal Welfare Law in Nineteenth Century Scotland" . The abstract: This paper examines the development of animal welfare in Scotland. Whilst the law developed in tandem with developments across nineteenth century Britain, the paper draws attention to the distinctive Scottish situation. By examining the development from disparate common law protections to the statutory interventions of the nineteenth century the paper charts that development, and begins to place it within nascent 'humanist' movements emerging around this time. The piece examines how the Scottish doctrinal law took a distinctive direction in decisions, and in particular considers contemporary opinion. The paper is the first to take a look at the particular Scottish development and opens up new avenues of research into the nineteenth century, and also frames developments in the modern law which I will pursue in future research.

The Court of Aldermen and Common Council of the City of London (1780) Last week's  Reviews in History posted a review by Elly Robson of William Cavert's  The Smoke of London: Energy and Environment in the Early Modern City  (Cambridge UP, 2016, recently out in paperback). (For an earlier review see here .) From the review: Cavert is particularly strong on the complex role of political and legal institutions – both local and national – in managing coal supply and regulating smoke. In his account, the politics of coal and smoke was a politics of governance. Chapter five, ‘Nuisance and neighbours’, deals with the legal category of ‘nuisance’ to cast light on how conflict over pollution was defined and mediated. In it, Calvert investigates a smorgasbord of relatively ineffective litigious avenues for pursuing redress against industrial polluters who infringed on royal or individual property and health. Law Reports form the mainstay of the chapter and Cavert’s frustration is eviden...

More on working-class environmentalism and the law (see, most recently, here ): Jacobin  recently ran a piece by Connor Kilpatrick claiming that "Postwar America’s greatest environmentalist was a labor leader". There's a lot here also about politics, religion, climate skepticism and more. Some excerpts: Today, the AFL-CIO lobbies Congress to pass the Keystone XL pipeline while noted NASA climate scientist James Hansen, one of the first to link global warming to fossil fuels, is repeatedly arrested for protesting such projects. And while in 2017, the idea that the interests between wonky environmentalists and jobs-focused trade unionists would diverge seems like common sense, it’s only because the bad guys won. But it wasn’t a preordained victory. For nearly a decade in the 1960s and ’70s, environmentalism seemed to be on the cusp of a popular reckoning against the powers of capital. And it found an ally in the labor movement which, for a few years, looked like it might b...