Balancing Private and Public Rights in the Coastal Zone in the Era of Climate Change
| Author | : South Carolina Coastal Council |
| Publisher | : |
| Total Pages | : |
| Release | : 2007 |
| Genre | : Barrier islands |
| ISBN | : |
Balancing Private And Public Rights In The Coastal Zone In The Era Of Climate Change
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Adapting to Sea Level Rise in the Coastal Zone
| Author | : Chad J. McGuire |
| Publisher | : CRC Press |
| Total Pages | : 235 |
| Release | : 2013-04-25 |
| Genre | : Political Science |
| ISBN | : 1482209713 |
For as long as humans have been inhabiting coastal areas and recording what occurs in their environments, coastal zones have been defined through dynamic interactions. And this is further underlined by a more recent development: observed sea level rise. In a thorough but not overly technical approach, Adapting to Sea Level Rise in the Coastal Zone: Law and Policy Considerations provides a legal-policy framework for facing the challenges of sea level rise. The book includes an analysis of sea level rise adaptation strategies that examines the legal impacts of coastal land use decisions based on the current interpretation of private property rights in relation to public control over those rights. The author discusses the science behind sea level rise and highlights policy complexities and options. He then presents an overview of related legalities, and bringing it all together, applies the principles offered in the book, concluding with strategies and solutions and a perspective on the future. If we accept the premise that sea level rise is occurring and will continue for the foreseeable future, then we must begin to consider policy responses to this risk in coastal regions. Part of any pragmatic policy response must include a review of the options available to public institutions when developing and implementing rational adaptation policies. This book offers practical legal/policy approaches to sea level rise adaptation that promotes sound planning in the face of climate change and rising seas.
America's Changing Coasts
| Author | : Diana M. Whitelaw |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 280 |
| Release | : 2005-05-27 |
| Genre | : Business & Economics |
| ISBN | : 9781781958544 |
Following a comprehensive overview by the editors, this volume s expert contributors provide detailed discussion of important legal, ecological and social issues associated with coastal resource management, as well as the most significant challenges confronting land use planners and resource managers in coastal communities. Using an interdisciplinary approach to perplexing questions surrounding the issue of development versus protection, the volume presents a broad approach to coastal issues involving private rights and public trust. Part I: The Law and Coastal Environments provides background information on the more recent federal and state lawsuits, statutes and regulations that impact coastal environments. In Part II: Ecological Consequences for Coastal Development, scientists discuss threats posed by elevated nitrogen levels and heavy metal contamination in coastal waters, followed by descriptions of the impact of development on habitats essential to estuarine-dependent fish and migratory shorebirds. In Part III: Private Use, Public Trust and Coastal Protection the authors explore ways to balance private use of the coast with public rights of access and preservation. They discuss the concept of stewardship by both public and private landowners, factors affecting environmental values in coastal communities, and facilitation of enlightened public policies for growth management and resource protection. Appropriate for courses pertaining to coastal ecology, coastal management or land-use planning, this book will also appeal to a diverse audience of economists, concerned citizens, environmental lawyers and policymakers.
Shoreline for the Public
| Author | : Dennis W. Ducsik |
| Publisher | : MIT Press (MA) |
| Total Pages | : 284 |
| Release | : 1974 |
| Genre | : Architecture |
| ISBN | : |
The problem of land management along the coastal shoreline is an important one for the American public, whose already extraordinary recreational demands on this limited space are expected to nearly triple by the turn of the century. "Shoreline for the Public" notes that the institutional mechanisms operating over the past three centuries to allocate scarce coastal resources among competing users have brought unchecked private development to America's coasts. Compounded by problems of pollution, erosion, and the increasing tendency of private owners to restrict public access, this trend has resulted in severe limitations on opportunities for public recreation.The Coastal Zone Management Act of 1972 proclaims a national interest in the problem of decreasing public recreational space in the face of mushrooming demand. This study discusses the social significance of the problem, outlines the causes of coastal mismanagement in terms of the organization of economic and political activity, and examines in detail the legal issues pertinent to the formation of public policy. Included are analyses of the legal regimes governing public versus private rights in seashore areas, the judicial application of common-law principles to secure public recreational rights, shoreline acquisition, and the application of land-use controls to regulate shoreline development. The author concludes that a number of legal techniques "can" be made effective in preserving the seashore as a unique recreational resource for public use.While concentrating on the narrow land-sea strip, "Shoreline for the Public" raises larger issues facing environmental resource management. Decreasing open space for public recreation is prototypical of the complexity of coastal resource management issues. The problems cannot be solved solely by judicial activity but will require coherent and orderly long-range legislative and administrative management to make equitable and efficient choices among policy alternatives. Bringing public recreation, private use, and conservation into balance will require the application of new techniques at the interfaces between government and the courts, between government and the citizenry, and between different levels of government.
Getting the Balance Right
| Author | : Tayanah O'Donnell |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2018 |
| Genre | : |
| ISBN | : |
The law with respect to coastal management in New South Wales, particularly those laws dealing with sea level rise, is a dynamic area that is, once again, currently under review. This article discusses Stage 1 of this reform and analyses it in the broader context of the “public interest” test. The importance of this test for decision-makers, especially those at the local government interface, is highlighted, with particular attention paid to both climate change impacts and recent, relevant judicial decisions. It further explores the tension between private property rights and the public interest test in the context of the coastline, and suggests that a balance may be found in applying innovative planning mechanisms such as rolling easements.
International Climate Change Law and Policy
| Author | : Thoko Kaime |
| Publisher | : Routledge |
| Total Pages | : 391 |
| Release | : 2014-03-26 |
| Genre | : Business & Economics |
| ISBN | : 113602056X |
Climate change poses fundamental and varied challenges to all communities across the globe. The adaptation and mitigation strategies proposed by governments and non-governmental organisations are likely to require radical and fundamental shifts in socio-political structures, technological and economic systems, organisational forms, and modes of regulation. The sheer volume of law and policy emanating from the international level makes it uncertain which type of regulatory or policy framework is likely to have a positive impact. The success or failure of proposed measures will depend on their acceptability within the local constituencies within which they are sought to be applied. Therefore there is an urgent need to better comprehend and theorise the role of cultural legitimacy in the choice and effectiveness of international legal and policy interventions aimed at tackling the impact of climate change. The book brings together experts to present perspectives from different disciplines on the issue of international climate change law and policy. Beginning from the premise that legitimacy critiques of international climate change regulation have the capacity to positively influence policy trends and legal choices, the book showcases innovative ideas from across the disciplines and investigate the link between the efficacy of international legal and policy mechanisms on climate change and cultural legitimacy. The book includes chapters on with a theoretical basis as well as specific case-studies from around the globe. The topics covered include: land use planning as a tool of enhancing cultural legitimacy, indigenous peoples in international environmental negotiations, transnational advocacy networks, community-based forestry management and culture and voluntary social movements.
The Ocean and Cryosphere in a Changing Climate
| Author | : Intergovernmental Panel on Climate Change (IPCC) |
| Publisher | : Cambridge University Press |
| Total Pages | : 755 |
| Release | : 2022-04-30 |
| Genre | : Science |
| ISBN | : 9781009157971 |
The Intergovernmental Panel on Climate Change (IPCC) is the leading international body for assessing the science related to climate change. It provides policymakers with regular assessments of the scientific basis of human-induced climate change, its impacts and future risks, and options for adaptation and mitigation. This IPCC Special Report on the Ocean and Cryosphere in a Changing Climate is the most comprehensive and up-to-date assessment of the observed and projected changes to the ocean and cryosphere and their associated impacts and risks, with a focus on resilience, risk management response options, and adaptation measures, considering both their potential and limitations. It brings together knowledge on physical and biogeochemical changes, the interplay with ecosystem changes, and the implications for human communities. It serves policymakers, decision makers, stakeholders, and all interested parties with unbiased, up-to-date, policy-relevant information. This title is also available as Open Access on Cambridge Core.
Regulating Coastal Zones
| Author | : Rachelle Alterman |
| Publisher | : Routledge |
| Total Pages | : 444 |
| Release | : 2020-11-26 |
| Genre | : Architecture |
| ISBN | : 0429779763 |
Regulating Coastal Zones addresses the knowledge gap concerning the legal and regulatory challenges of managing land in coastal zones across a broad range of political and socio-economic contexts. In recent years, coastal zone management has gained increasing attention from environmentalists, land use planners, and decision-makers across a broad spectrum of fields. Development pressures along coasts such as high-end tourism projects, luxury housing, ports, energy generation, military outposts, heavy industry, and large-scale enterprise compete with landscape preservation and threaten local history and culture. Leading experts present fifteen case studies among advanced-economy countries, selected to represent three groups of legal contexts: signatories to the 2008 Mediterranean ICZM Protocol, parties to the 2002 EU Recommendation on Integrated Coastal Zone Management, and the USA and Australia. This book is the first to address the legal-regulatory aspects of coastal land management from a systematic cross-national comparative perspective. By including both successful and less-effective strategies, it aims to inform professionals, graduate students, policy makers, and NGOs of the legal and socio-political challenges as well as the better practices from which others could learn.
Towards Sustainable Coastal Development
| Author | : Tony George Puthucherril |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 510 |
| Release | : 2014-10-02 |
| Genre | : Law |
| ISBN | : 9004282203 |
Coastal areas around the world are severely stressed due to a myriad of human activities and marine pollution. They are now detrimentally being affected by climate change and sea level rise as well. One major theater most acutely impacted by these phenomena is coastal South Asia, an overcrowded region with low adaptive capacities. Drawing on the experiences of coastal countries and regions beyond South Asia, Towards Sustainable Coastal Development: Institutionalizing Integrated Coastal Zone Management and Coastal Climate Change Adaptation in South Asia recommends operationalizing integrated coastal zone management and linking the same with coastal climate change adaptation under appropriately crafted coastal laws to facilitate a move towards sustainable coastal development.
Coastal Change, Ocean Conservation and Resilient Communities
| Author | : Marcha Johnson |
| Publisher | : Springer |
| Total Pages | : 175 |
| Release | : 2016-11-24 |
| Genre | : Nature |
| ISBN | : 3319419145 |
This collection of essays and design case studies explores a range of ideas and best practices for adapting to dynamic waterfront conditions while incorporating nature conservation in urbanized coastal areas. The editors have curated a selection of works contributed by leading practitioners in the fields of coastal science, community resilience, habitat restoration, sustainable landscape architecture and floodplain management. By highlighting ocean-friendly innovations and strategies being applied in coastal cities today, this book illustrates ways to cohabit with many other species who share the waterfront with us, feed in salt marshes, bury their eggs on sandy beaches, fly south over cities along the Atlantic Flyway, or attach themselves to an oyster reef. This book responds to the need for inventive, practical, and straightforward ways to weather a changing climate while being responsible shoreline stewards.
