scholarly journals Subsidy Determination, Benchmarks, and Adverse Inferences: Assessing ‘Benefit' in US–Coated Paper (Indonesia)

2020 ◽  
Vol 19 (2) ◽  
pp. 216-231
Author(s):  
Eugene Beaulieu ◽  
Denise Prévost
Keyword(s):  
Economic Analysis ◽  
Natural Resources ◽  
Natural Resource ◽  
Benefit Analysis ◽  
Government Ownership ◽  
Coated Paper ◽  
The Us ◽  
Countervailing Duties ◽  
Key Aspects

AbstractThis paper presents a legal-economic analysis of key aspects of the WTO Panel Report involving a challenge by Indonesia against the anti-dumping and countervailing duties imposed by the US on certain coated paper from Indonesia. We focus on the findings in this case relevant to the determination of a ‘benefit’ to the recipient, a core requirement to establish the existence and extent of a subsidy. We examine benchmarking for determining benefit in cases of predominant government ownership of a natural resource and the use of ‘adverse facts available’ against a non-cooperative respondent to infer the existence of a benefit. The benefit analysis in this case may have broader implications. First, it may limit the scope for governments to determine their own policies regarding the ownership and management of natural resources. Second, it may create a loophole allowing investigating authorities to fill gaps in the factual record by intentionally using the ‘facts available’ to the disadvantage of a respondent. In both cases, the panel's findings may open the door to potential misuse of these flexibilities to find a benefit where none exists, or to inflate the margin of benefit to allow for higher countervailing duties.

scholarly journals Determination of natural assets of territorial communities: theoretical discourse

2021 ◽  
Vol 69 (2) ◽  
pp. 31-43
Author(s):  
K. Patytska
Keyword(s):  
Natural Resources ◽  
Natural Resource ◽  
Asset Management ◽  
Legal Status ◽  
User Cost ◽  
Resource Potential ◽  
Dual Approach ◽  
Domestic Legislation ◽  
The Relationship

The paper determines the natural assets of territorial communities and reveals their components in the context of domestic legislation. Scientific approaches to the specified problem in domestic and western scientific thought are developed. The essence of the concept «natural assets» is revealed and their main features – the presence of the identified owner, active manager and user; cost; Legal Status; economic return are defined. The relationship between the categories «natural assets», «natural resources» and «natural resource potential» are established. The main difference between natural resources as the asset of territorial community and other types of assets – the need for dual approach to their management: to generate income, ensure community development and in the interests of all stakeholder groups; in order to preserve the natural environment is revealed. The scientific approach to natural resource management with the participation of local communities, which is based on the principles of subsidiarity, sustainability, fairness, accountability, efficiency, activity, adaptability, environmental responsibility, inclusiveness is analyzed. This approach has the following common features: decentralization of powers to manage natural assets; reconciling the interests of stakeholders and opportunities for efficient of natural resources use; combination of environmental and socio-economic goals in the process of natural asset management; development of institutions for increasing decision-making efficiency in the field of natural asset management at the community level; stakeholders education and notification. Scientific approaches to the systematization of natural assets of territorial communities in terms of stakeholders groups (by ownership of the asset, the possibility of access to the asset and competition in their use) are studied. The expediency of classifying stakeholders as natural assets of territorial communities by their interests is substantiated. The peculiarities of the use/utilization and possession of natural resources in accordance with the legislative acts regulating natural resource relations in Ukraine are revealed.

scholarly journals Diversity Beyond Demographics: Environmental Worldviews of Forestry and Natural Resource Undergraduate Students

2021 ◽  
Author(s):  
Sativa Cruz ◽  
Chelsea Batavia ◽  
Ana Spalding ◽  
Ivan Arismendi ◽  
Michael Nelson
Keyword(s):  
Natural Resources ◽  
Undergraduate Students ◽  
Natural Resource ◽  
Past Research ◽  
Natural World ◽  
State University ◽  
Ethical Beliefs ◽  
The Us ◽  
Environmental Worldviews ◽  
New Generation

In U.S. academic institutions, efforts often concentrate on enhancing the recruitment of students from underrepresented groups, focusing on gender and/or race. Yet, non-demographic forms of diversity have received little attention, such as environmental worldviews, i.e., differences in the metaphysical, epistemological, and ethical beliefs that define how humans view, value, and interact with the natural world. Here, we develop an exploratory measure of environmental worldview diversity among undergraduate students enrolled in natural resource related programs. We tested our procedure at Oregon State University, a large public land-grant university in the US. Many students reported metaphysical, epistemological, and/or ethical beliefs that deviate from what has been philosophically characterized as the dominant western worldview of natural resources (anthropocentric, dualistic, hierarchical, utilitarian, mechanistic). Our results suggest that, although forestry students’ environmental worldviews are in some ways more closely aligned with the dominant western worldview than other students in natural resources, generally their worldviews reflect long-term generational shifts away from a strict resource-commodity value orientation, as documented in past research. Our findings highlight the importance of considering environmental worldviews as a dimension of diversity within the new generation natural resource students. Future efforts toward understanding these levels of difference can be important assets in designing programs which appeal to wide variety of students; ultimately helping efforts to recruit and retain a diverse of aspiring natural resource professionals.

Liability for Damage to Public Natural Resources under the 2004 EC Environmental Liability Directive: Standing and Assessment of Damages

2005 ◽  
Vol 7 (2) ◽  
pp. 90-109 ◽  
Author(s):  
Edward H.P. Brans
Keyword(s):  
United States ◽  
Natural Resources ◽  
Natural Resource ◽  
Oil Pollution ◽  
Civil Liability ◽  
The United States ◽  
Environmental Liability ◽  
Locus Standi ◽  
The Us

This article focuses on the April 2004 EC Directive on Environmental Liability (Directive 2004/35/CE). It examines its measure of damages, its framework for assessing damages and its provisions regarding the issue of standing. Comparisons will regularly be made with the United States Oil Pollution Act of 1990, its natural resource damage regulations and its provisions on locus standi. Finally, a comparison is made with international civil liability conventions that cover damage to natural resources. The goal of the analysis is to show that the Directive's rules on assessing damages are inspired by the natural resource damage regulations of the US Oil Pollution Act, and secondly, to show that there is a difference between the measure of damages in the international civil liability conventions and the new Directive. *

FLORIDA'S POLLUTANT DISCHARGE NATURAL RESOURCE DAMAGE ASSESSMENT COMPENSATION SCHEDULE—A RATIONAL APPROACH TO THE RECOVERY OF NATURAL RESOURCE DAMAGES1

1993 ◽  
Vol 1993 (1) ◽  
pp. 717-720 ◽  
Author(s):  
Kenneth J. Plante ◽  
Ernest L. Barnett ◽  
Debra J. Preble ◽  
Lanette M. Price
Keyword(s):  
Natural Resources ◽  
Natural Resource ◽  
Damage Assessment ◽  
Rational Approach ◽  
Natural Resource Damage Assessment ◽  
Liquidated Damages ◽  
Pollutant Discharge ◽  
Restoration Cost

ABSTRACT Quantifying natural resource damages resulting from pollutant discharges has historically been difficult. The Florida legislature recognized this and developed a simplified compensation schedule using liquidated damage principles. The application of such an approach to natural resource damage assessment greatly simplifies the determination of monetary damages to natural resources resulting from pollutant discharges. The foundations for developing the multipliers for the factors used in the compensation schedule are restoration cost and loss of use. After a number of natural resource damage recoveries have taken place, the compensation schedule should be reevaluated to determine if the liquidated damages test of reasonableness remains adequate.

United States – Anti-Dumping and Countervailing Measures on Certain Coated Paper from Indonesia (US–Coated Paper (Indonesia)), DS491

2018 ◽  
Vol 17 (2) ◽  
pp. 360-365 ◽  
Author(s):  
Kholofelo Kugler
Keyword(s):  
United States ◽  
International Trade ◽  
The United States ◽  
Coated Paper ◽  
Us States ◽  
States Department ◽  
The Us ◽  
Two Measures ◽  
Countervailing Duties ◽  
Department Of Commerce

Indonesia challenged two measures of the United States' (US): first, the imposition of anti-dumping and countervailing duties (CVDs) on certain coated paper from Indonesia. In particular, Indonesia challenged certain aspects of the US States Department of Commerce (USDOC) final determination ‘as applied’ in its CVD investigation on certain coated paper from Indonesia, and the US International Trade Commission's (USCIT) final threat of injury determination regarding subsidized and dumped imports from Indonesia and China. Second, Indonesia challenged ‘as such’ Section 711(11)(B) of the US Tariff Act. In particular, Indonesia challenged the use of this provision in affirmative threat of injury determinations.

scholarly journals Taxation of natural resource extraction: problematic questions and digitalization of tax administration

2020 ◽  
pp. 44-55
Author(s):  
Mikhail Yumaev
Keyword(s):  
Natural Resources ◽  
Natural Resource ◽  
Information Technologies ◽  
Raw Materials ◽  
Resource Extraction ◽  
Tax Administration ◽  
Digital Information ◽  
Natural Resource Extraction ◽  
Taxation System

The subject of this research is the theory and methodology of taxation of natural resource extraction, including raw hydrocarbon materials and solid minerals, approaches towards allocation of tax burden between economic agents, development trends in taxation system of extraction of different types of minerals. Special attention is given to the questions of improvement of tax administration of extractive sector based on implementation of the new digital information technologies of transmitting data on the output of minerals and reform of the institution of declaration of tax. Research methodology includes: consideration of the principles of taxation system of natural resource extraction; determination of interconnection between the elements of this system and its disturbance; formulation of theoretical conclusions on the basis of studying the practice of taxation and tax administration. The scientific novelty consists in identification of vulnerability of taxation system of natural resource extraction from external factors, including world prices for mineral raw materials; substantiation of measures on neutralization of such dependence; proof of the need for harmonization of the key concepts of Taxation Code of the Russian Federation and legislation on the depth, and formation of the system of direct assessment of reasonableness and effectiveness of point-based and categorical incentives on extraction of natural resources. The article substantiates the vectors of reform of tax declaration system regarding the extraction of natural resources and determination of tax liabilities on the records of government reserve of natural resources. An algorithm is developed for organization of direct oil metering at the wells, using the modern digital technologies.  

Collective Self-Determination without Resource Sovereignty

2019 ◽  
pp. 106-127
Author(s):  
Megan Blomfield
Keyword(s):  
Natural Resources ◽  
Natural Resource ◽  
The Self ◽  
Self Determination ◽  
Original Position ◽  
Territorial Jurisdiction ◽  
Common Ownership ◽  
Collective Self ◽  
Political Communities

This chapter defends the principle of collective self-determination as a second principle of natural resource justice. This defence emerges from consideration of the principle of natural resource sovereignty, which appears to be a candidate for agreement from the perspective of Contractualist Common Ownership. The responsible stewardship defence of resource sovereignty is rejected. The collective self-determination defence, however, is shown to get something right. Parties to the original position would indeed accept a principle according to which resource rights must support political communities in the legitimate exercise of collective self-determination, because such self-determination promises to further individuals’ interests in freedom as non-domination. But the principle of collective self-determination appears to support merely a presumptive right of exclusive territorial jurisdiction over natural resources, rather than resource sovereignty. This presumptive right must be abnegated or moderated if it conflicts with basic needs satisfaction, or with the self-determination of other political communities.

Integration of Human/Social Dimensions into the Traditional European Model of Natural Resource Education and Management

2005 ◽  
Vol 156 (8) ◽  
pp. 264-268
Author(s):  
James J. Kennedy ◽  
Niels Elers Koch
Keyword(s):  
Natural Resources ◽  
Natural Resource ◽  
Life Forms ◽  
Western World ◽  
Social Dimensions ◽  
Roles And Responsibilities ◽  
Resource Managers ◽  
Natural Resource Managers ◽  
Rural Ecosystem ◽  
Professional Roles And Responsibilities

The increasing diversity, complexity and dynamics of ecosystem values and uses over the last 50 years requires new ways for natural resource managers (foresters, wildlife biologists, etc.)to understand and relate to their professional roles and responsibilities in accommodating urban and rural ecosystem users, and managing the complimentary and conflicting interactions between them. Three stages in Western-world natural resources management are identified and analyzed, beginning with the (1) Traditional stage: natural resources first, foremost and forever, to (2) Transitional stage: natural resource management,for better or worse, involves people, to (3) Relationship stage: managing natural resources for valued people and ecosystem relationships. The impacts of these three perspectives on how natural resource managers view and respond to ecosystems,people and other life-forms is basic and can be profound.

PROJECTIVE ACTIVITY APPROACH TO SPATAL MANAGEMENT OF NATURAL RESOURCE ASSETS

2018 ◽  
pp. 63-70
Author(s):  
Igor Bystryakov ◽  
Dmitry Klynovyi
Keyword(s):  
Natural Resource ◽  
Economic Activity ◽  
Business Processes ◽  
Public Welfare ◽  
Investment Projects ◽  
Optimal Organization ◽  
Spatial Management ◽  
Business Ecosystems ◽  
Individual Value

The aim of the article is determination of system signs of the projective approach to the spatial management of natural resource assets in business-ecosystems through a competition and collaboration of management entities, with maximization of public welfare due to optimal organization of business processes in physical, informative and financial spaces. It is exposed a difference between projective-activity and economic-activity approaches as the displacement of administrative attention from an enterprise on a product, through realization of investment projects by totality of productive and logistic enterprises with creation its shared value, that exceeds individual value, created by a separate enterprise.

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