The Wicked Problem of Diffuse Nutrient Pollution from Agriculture

2020 ◽  
Vol 32 (3) ◽  
pp. 471-502
Author(s):  
Annabel Sharma
Keyword(s):  
Planning Process ◽  
Legal Framework ◽  
Current Approach ◽  
Wicked Problem ◽  
Regulatory Regime ◽  
Nutrient Pollution ◽  
Policy Problem ◽  
Control Regulation ◽  
And Control ◽  
Nitrates Directive

Abstract Diffuse nutrient pollution from agriculture has been the concern of policymakers for several decades, and yet it remains a persistent environmental issue. The current approach to mitigating the problem is predominantly via command and control regulation within the Nitrates Directive and the Water Framework Directive. This article will set out how diffuse pollution can be considered a wicked policy problem which acts as an explanation of how it has eluded the current regulatory regime. It will further establish that the traditional planning process overlooked the complexity of the problem. Finally, it will illustrate the ineffectiveness of the current regulatory framework to mitigate the problem. This will be exemplified through the legal framework of Northern Ireland.

Legal Challenges of Automated and Autonomous Systems

2018 ◽  
Vol 60 (1) ◽  
pp. 173-201
Author(s):  
Stefan A. Kaiser
Keyword(s):  
Artificial Intelligence ◽  
Cyber Security ◽  
Autonomous Systems ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Legal Responsibility ◽  
Design Parameters ◽  
Regulatory Regime ◽  
Strong Impact ◽  
And Control

With an increasing influence of computers and software, automation is affecting many areas of daily life. Autonomous systems have become a central notion, but many systems have reached only a lower level of automation and not yet full autonomy. Information technology and software have a strong impact and their industries are introducing their own business cultures. Even though autonomy will enable systems to act independently from direct human input and control in complex scenarios, the factors of responsibility, control, and attribution are of crucial importance for a legal framework. Legal responsibility has to serve as a safeguard of fundamental rights. Responsibility can be attributed by a special legal regime, and mandatory human override and fallback modes can assure human intervention and control. It is proposed to establish a precautionary regulatory regime for automated and autonomous systems to include general principles on responsibility, transparency, training, human override and fallback modes, design parameters for algorithms and artificial intelligence, and cyber security. States need to take a positivist approach, maintain their regulatory prerogative, and, in support of their exercise of legislative and executive functions, establish an expertise independent of industry in automation, autonomy, algorithms, and artificial intelligence.

scholarly journals Sustainability Transitions in Baltic Sea Shipping: Exploring the Responses of Firms to Regulatory Changes

2019 ◽  
Vol 11 (7) ◽  
pp. 1916 ◽  
Author(s):  
Ignė Stalmokaitė ◽  
Johanna Yliskylä-Peuralahti
Keyword(s):  
Maritime Transportation ◽  
Regulatory Regime ◽  
Environmental Innovation ◽  
Regulatory Changes ◽  
Nitrogen Emission ◽  
Control Regulation ◽  
Essential Components ◽  
And Control ◽  
New Situation

This study investigates how the introduction of more stringent environmental regulation regarding sulphur and nitrogen emission control areas induced shipping companies to react to a new situation and opened up a window of opportunity for build-up of niches for alternative vessel energy sources. By drawing on a multi-level perspective from the socio-technical transition literature, the study provides empirical evidence for how realignments in the environmental regulatory regime alter incumbent actors’ positions and produce varying environmental innovation responses to reduce air-borne pollution from shipping. The study illustrates that the stringency of a regional command-and-control regulation in combination with evolving pressures in the external landscape environment and shipping companies’ task environments are essential components shaping the adoption of environmental innovations. Although incremental innovations seem to dominate in a fossil fuel-based maritime transportation socio-technical system, our results demonstrate the role of regulations and the behaviour of frontrunners in the context of regime fragmentation and sustainability transition processes.

Urban–Rural Dichotomy in Planning: Review of Legal Framework in Four States of India

2021 ◽  
pp. 001955612110016
Author(s):  
Anurima Mukherjee Basu ◽  
Rutool Sharma
Keyword(s):  
Rural Areas ◽  
Urban Areas ◽  
Planning Process ◽  
Legal Framework ◽  
Quantum Jump ◽  
Class 1 ◽  
Urban Settlements ◽  
Urban Rural ◽  
Territorial Approach ◽  
Sizeable Number

Current urbanisation trends in India show a quantum jump in number of ‘census towns’, which are not statutorily declared as urban areas, but have acquired all characteristics of urban settlements. Sizeable number of such census towns are not located near any Class 1 city. Lack of proper and timely planning has led to unplanned growth of these settlements. This article is based on a review of planning legislations, institutional framework and planning process of four states in India. The present article analyses the scope and limitations of the planning process adopted in the rapidly urbanising rural areas of these states. The findings reveal that states are still following a conventional approach to planning that treats ‘urban’ and ‘rural’ as separate categories and highlights the need for adopting an integrated territorial approach to planning of settlements.

scholarly journals Environmental Impact Assessment in Areas beyond National Jurisdiction

2012 ◽  
Vol 27 (2) ◽  
pp. 449-480 ◽  
Author(s):  
Alex G. Oude Elferink
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Present Report ◽  
Legal Framework ◽  
International Debate ◽  
National Jurisdiction ◽  
Specific Activities ◽  
Negative Impacts ◽  
And Control

Abstract Environmental impact assessment (EIA) has become widely accepted as an indispensable instrument to manage and control negative impacts of human activities on the environment. The present report analyzes the general legal framework for EIA in maritime areas beyond national jurisdiction (ABNJ) and also considers the regime for assessments in respect of specific activities in ABNJ. The report concludes that these existing frameworks will have to be taken into account if it were to be decided to develop a global instrument on EIA for all activities in ABNJ. The report provides a number of suggestions to move the current international debate on EIA in ABNJ forward.

The Design and Evaluation of a Speech Interface for Generation of Air Tasking Orders

2000 ◽  
Vol 44 (22) ◽  
pp. 750-753 ◽  
Author(s):  
David T. Williamson ◽  
Timothy P. Barry
Keyword(s):  
Speech Recognition ◽  
Planning Process ◽  
Data Entry ◽  
Command And Control ◽  
Error Rates ◽  
Subject Matter Experts ◽  
Speech Interface ◽  
System Selection ◽  
And Control ◽  
Operations Center

This paper discusses the design, implementation, and evaluation of a prototype speech recognition interface to the Theater Air Planning (TAP) module of Theater Battle Management Core Systems (TBMCS). This effort was in support of a Kenney Battlelab Initiative proposal submitted to the Command and Control Battlelab at Hurlburt Field, FL to assess the operational benefits of speech recognition for data entry applications in a Joint Air Operations Center environment. Several factors contributing to the design of the “TAPTalk” speech interface included interviews with subject matter experts, speech system selection, grammar development, and integration into TAP, which required only minor modification of existing software. Results from the two week operational assessment with sixteen subjects from the Command and Control Training and Innovation Group, numbered Air Forces, Navy, and Marine Corp indicated that the Theater Air Planning process could be accomplished significantly faster with no increase in error rates. Subjectively, the sixteen planners unanimously agreed that the TAPTalk speech interface was a valuable addition to TAP and would recommend its inclusion in a future upgrade. Recommendations for further improving the TAPTalk system are discussed.

Territorial Governance of EU Cross-Border Renewable Energy Cooperation: A Soluble or Turbulent Model in the Current Framework?

2021 ◽  
Vol 2 (1) ◽  
pp. 79-97
Author(s):  
Melis Aras
Keyword(s):  
Renewable Energy ◽  
Large Scale ◽  
Planning Process ◽  
Renewable Energy Sources ◽  
Local Level ◽  
Energy Transition ◽  
Clean Energy ◽  
Legal Framework ◽  
Development Planning ◽  
Cross Border

The energy transition in Europe requires not only the implementation of technological innovations to reduce carbon emissions but also the decentralised extension of these innovations throughout the continent, as demonstrated by the ‘Clean Energy for All Europeans’ package. However, decentralised energy generation, and specifically electricity generation, as it gives rise to new players and interactions, also requires a review of the energy planning process. In this sense, governance becomes the key concept for understanding the implementation of the energy transition in a territory. This is particularly visible in a cross-border setting, especially considering cross-border cooperation in the development of renewable energy sources (RES) provides the necessary elements to determine the criteria of local regulation between the different levels of governance. In light of the current legal framework in France, this paper presents the institutional framework of the multi-level governance of the RES development planning process. It concludes that it is quite conceivable for the rationales of governance at the local level (decentralisation) and the large-scale operation of a large interconnected network (Europeanisation) to coexist.

The Regulation of Combination

2016 ◽  
Vol 17 (1) ◽  
pp. 105-124 ◽  
Author(s):  
JoyAnna S. Hopper
Keyword(s):  
Environmental Protection ◽  
Natural Resource ◽  
Resource Conservation ◽  
Economic Consequences ◽  
Natural Resource Conservation ◽  
Design Choice ◽  
Control Regulation ◽  
And Control ◽  
Agency Design ◽  
Environmental Agency

In 15 American states, environmental protection agencies perform both pollution-control and natural resource conservation functions. In this study, I examine how this combination of functions affects the regulatory style embraced by these agencies. I find, through interviews with environmental agency workers and empirical analyses using enforcement data from 2010 to 2014, that the cooperation and flexibility with industry inherent to natural resource conservation efforts is a fundamental part of the regulatory process within these combined agencies. Great efforts are made to garner voluntary or negotiated compliance without the possible economic consequences of punitive actions. Enforcements are less frequent and less severe. The effect of this agency design choice is powerful, maintaining its effect even when controlling for political, ideological, and economical pressures. In a time where environmental protection agencies are increasingly interested in incorporating management-based regulation and voluntary compliance to supplement command and control regulation, it is more important than ever to understand the regulation that emerges from this combination.

Privatization in the Water Industry

1998 ◽  
Vol 3 (2) ◽  
pp. 104-123
Author(s):  
R. Andreas Kraemer
Keyword(s):  
Water Management ◽  
Water Supply ◽  
Water Policy ◽  
Regulatory Regime ◽  
Water Industry ◽  
The European Union ◽  
Political Debate ◽  
Goods And Services ◽  
Management Institutions ◽  
And Control

Throughout the world, privatization of water supply and the sewerage services is a controversial topic of political debate. Any nationalization, privatization, municipalization, or alteration in the regulatory regime constitutes a significant change of the institutional mechanism of water management. This article, based on a comparative analysis of water management institutions in selected member states of the European Union, addresses water supply and sewerage services in conurbations with centralized supplies. A brief characterization of water services and the water industry is provided in the context of global water policy developments. Three typical regulatory models are described: the British, based on centralized public policy and surrogate competition by statistical comparison; the French, based on competition for temporary monopolies; and the German or middle-European, based on competition for goods and services and control of limited operational monopolies. A typology of privatization is also presented. This article does not seek to argue that one model is better than another.

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