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Recent trends in the law and policy of bioenergy production, promotion and use









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    Recent trends in the law and policy of bioenergy production, promotion and use 2007
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    In recent years, there has been increasing recognition of the need for sound regulatory frameworks for bioenergy. Faced with high petroleum and natural gas prices, and increasingly aware of climate change and environmental concerns, many countries are implementing national policies and legislation to encourage bioenergy production and use. These developments stem from the desire to achieve energy security and self-sufficiency, the need to reduce reliance on foreign fossil fuel rese rves and the hope of providing increased trade opportunities for some agricultural commodities. Land use, and the competing needs of energy and food security, are key issues in the bioenergy debate. International and national regulatory frameworks will have to establish clear guidelines for the sustainable development of the bioenergy industry. This paper aims to stimulate discussion on the elements of appropriate national legal frameworks for bioenergy, particularly in developing countries. It provides legislators and policy-makers with a tool to assist in identifying areas of law which may affect bioenergy regulation, and in designing key elements of national bioenergy laws.
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    Recent trends in the law and policy of bioenergy production, promotion and use 2007
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    In recent years, there has been increasing recognition of the need for sound regulatory frameworks for bioenergy. Faced with high petroleum and natural gas prices, and increasingly aware of climate change and environmental concerns, many countries are implementing national policies and legislation to encourage bioenergy production and use. These developments stem from the desire to achieve energy security and self-sufficiency, the need to reduce reliance on foreign fossil fuel rese rves and the hope of providing increased trade opportunities for some agricultural commodities. Land use, and the competing needs of energy and food security, are key issues in the bioenergy debate. International and national regulatory frameworks will have to establish clear guidelines for the sustainable development of the bioenergy industry. This paper aims to stimulate discussion on the elements of appropriate national legal frameworks for bioenergy, particularly in developing countries. It provides legislators and policy-makers with a tool to assist in identifying areas of law which may affect bioenergy regulation, and in designing key elements of national bioenergy laws.
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    The "genuine link" concept in responsible fisheries: legal aspects and recent developments 2006
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    The analysis of the origins of the genuine link principle in international law and its evolution with regard to relevant court decisions clearly shows the reluctance of certain states to consider the genuine link between a ship and its flag state as a precondition to the registration of vessels. This is even truer when the link is intended as an economic connection, based on the nationality of the beneficial owner of the vessel. As a result, the alternative to circumvent such a political impasse has been to focus on the main objective pursued by the negotiators of the 1958 High Seas Convention, when the term was first adopted, namely the exercise of effective jurisdiction and control over vessels by their flag state. Flag state responsibility and the duties arising therefrom were extensively provided for in the soft and hard international instruments adopted in the nineties to counteract IUU fishing and reflagging. More recently, complementary enforcement measures are being elaborated to enhance cooperation among states in the implementation of responsible fisheries management. International attention is now not only on the duties of flag states, but also on trade-related measures, port state control, state control over nationals and information retrieval and exchange. Of course, regional fisheries organizations have a key role in the adoption of these and other measures to achieve responsible fisheries.

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