faulker080

Next in the series of posts (the last one is here ) on "The Tragedy at 50" (by the way, if anyone wants a hard copy of the journal issue, please email me), is Harry Scheiber's "The 'Commons' Discourse on Marine Fisheries Resources: Another Antecedent to Hardin’s 'Tragedy'" . The abstract: Throughout the fifty years since its publication, Hardin’s “The Tragedy of the Commons” has been regarded as a seminal paper in the environmental movement, although his emphasis on population control (which actually formed the core concern of the article) has been largely forgotten. Hardin argued that free access by a growing population to common resources would inevitably lead to the depletion of those resources, citing as one example how maritime nations’ belief in the freedom of the seas, combined with their belief in the inexhaustibility of marine resources, had brought whales and many species of fish close to extinction. Hardin failed, however, to take acc...

The Historical Journal recently published Kyle Gardner's "Moving Watersheds, Borderless Maps, and Imperial Geography in India's Northwestern Himalaya" . The abstract: This article uses the British colonial history of border making in northern India to examine the assumptions and contradictions at work in the theorizing, configuring, and mapping of frontiers and borders. It focuses, in particular, on the development of the ‘water-parting principle’ – wherein the edge of a watershed is considered to be the border – and how this principle was used to determine boundaries in the northwestern Himalaya, a region that had long-established notions of border points, but no borderlines. By the twentieth century, the water-parting principle would become the dominant boundary logic for demarcating borders in mountainous regions, and would be employed by statesmen, treaty editors, and boundary commissioners around the world. But for the northwestern Himalaya, a region that British...

[Second and final part of a guest post by Geoffrey Wandesforde-Smith - Part I is here .] The second point to take away from Arch’s book is that when organized whaling became established in early modern Japan, under the watchful eye of domainal lords ( daimyo ), who could decide who had jurisdiction over particular whaling areas, or over bodies of whales either washed up on shore or brought to a particular shore for processing, regulation was a way of dealing with the local problems of particular businesses, and of their interrelationships, and of the ways those businesses could benefit the domain through fee exactions, as a kind of tax-like income for the domain. It was not about ensuring the continued availability of whale meat as a food source. Indeed, when it took hold and expanded during the Tokugawa peace, Japanese whaling was not primarily about food. It was about profit and about ensuring the continued supply of a wide range of whale products. Sutter is eloquent on this point: W...

[Sorry for the continued silence, but thanks to  Geoffrey Wandesforde-Smith for pitching in with this two-part book review!] At the end of May, the New York Times along with other major news outlets around the world reported that a new round of scientific whaling by Japan during the austral summer of 2017-18 yielded a catch of 333 minke whales, but that of this number 122 were pregnant females and 114 were considered immature individuals [1]. The news invited and perhaps stoked outrage, which history shows can be a powerful force shaping environmental law and policy. Japan took the whales pursuant to a scientific research exemption to the moratorium on commercial whaling enacted by the International Whaling Commission (IWC) and effective in 1986 [2]. The first research program under which Japan continued whaling in the Antarctic despite and perhaps in defiance of the moratorium, a program known as JARPA-II, was found in a 2014 decision of the International Court of Justice not to meet ...

Eric Biber recently posted a series at Legal Planet based on his recent  Georgetown Law Journal  article, "Law in the Anthropocene Epoch"  (abstract below). The Anthropocene, for those who have somehow missed this buzzword , is (according to its proponents--it has yet to be officially adopted) a new epoch, in which the signs of human changes to the planet are visible in the geologic record. The article and blog posts contain a useful catalog of ways in which current legal doctrines and institutions do a poor job of dealing with environmental challenges, and essentially argue for the desirability of major changes in liberal conceptions of individual rights and private property. That sounds right, but I'd like to quibble over three historical elements of the argument. First, Biber's confidence in the direction of future political and legal change ("Humans will inevitably respond to the Anthropocene", "These responses will ineluctably lead to greater gove...

Environmental history has been debating its relationship with materialism . Now Chris Tomlins calls for legal history to turn toward the material in his recently posted "A Poetics for Spatial Justice: Materialism and Legal Historiography, from Bachelard to Benjamin" . The abstract: As the linguistic/cultural turn of the last forty years has begun to ebb, socio-legal and legal-humanist scholarship has seen an accelerating return to materiality. This paper asks what relationship may be forthcoming between the “new materialisms” and “vibrant matter” of recent years, and older materialisms – both historical and literary, both Marxist and non-Marxist – that held sway prior to post-structuralism? What impact might such a relationship have on the forms, notably “spatial justice,” that materiality is assuming in current legal studies? To attempt answers, the paper turns to two figures from more than half a century ago: Gaston Bachelard – once famous, now mostly forgotten; and Walter ...

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,...

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...