Ted Janssen, Gervais Chapuis, and Marc de Boissieu
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780198567776
- eISBN:
- 9780191718335
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198567776.001.0001
- Subject:
- Physics, Crystallography
Until the 1970s, all materials studied consisted of periodic arrays of unit cells, or were amorphous. In the last decades a new class of solid state matter, called aperiodic crystals, has been found. ...
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Until the 1970s, all materials studied consisted of periodic arrays of unit cells, or were amorphous. In the last decades a new class of solid state matter, called aperiodic crystals, has been found. It is a long range ordered structure, but without lattice periodicity. It is found in a wide range of materials: organic and anorganic compounds, minerals (including a substantial portion of the earths crust), and metallic alloys, under various pressures and temperatures. Because of the lack of periodicity, the usual techniques for the study of structure and physical properties no longer work, and new techniques have to be developed. This book deals with the characterization of the structure, the structure determination, and the study of the physical properties, especially dynamical and electronic properties of aperiodic crystals. The treatment is based on a description in a space with more dimensions than three, the so-called superspace. This allows us to generalise the standard crystallography and to look differently at the dynamics. The three main classes of aperiodic crystals, modulated phases, incommensurate composites, and quasicrystals are treated from a unified point of view, which stresses the similarities of the various systems.Less
Until the 1970s, all materials studied consisted of periodic arrays of unit cells, or were amorphous. In the last decades a new class of solid state matter, called aperiodic crystals, has been found. It is a long range ordered structure, but without lattice periodicity. It is found in a wide range of materials: organic and anorganic compounds, minerals (including a substantial portion of the earths crust), and metallic alloys, under various pressures and temperatures. Because of the lack of periodicity, the usual techniques for the study of structure and physical properties no longer work, and new techniques have to be developed. This book deals with the characterization of the structure, the structure determination, and the study of the physical properties, especially dynamical and electronic properties of aperiodic crystals. The treatment is based on a description in a space with more dimensions than three, the so-called superspace. This allows us to generalise the standard crystallography and to look differently at the dynamics. The three main classes of aperiodic crystals, modulated phases, incommensurate composites, and quasicrystals are treated from a unified point of view, which stresses the similarities of the various systems.
Sergey V. Krivovichev
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199213207
- eISBN:
- 9780191707117
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199213207.001.1
- Subject:
- Physics, Crystallography
This book deals with the structural crystallography of inorganic oxysalts in general. A special emphasis is placed upon structural topology and the methods of its description. The latter include ...
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This book deals with the structural crystallography of inorganic oxysalts in general. A special emphasis is placed upon structural topology and the methods of its description. The latter include graph theory, nets, 2-D and 3-D tilings, polyhedra, etc. The structures considered range from minerals to organically templated oxysalts, for all of which this book provides a unified approach to structure interpretation and classification. Most of the structures are analysed and it is shown that they possess the same topological genealogy and relationships, sometimes despite their obvious chemical differences. In order to expand the range of oxysalts considered, the book offers traditional schemes and also alternative approaches such as anion topologis, anion-centered polyhedra and cation arrays. It also looks into the amazingly complex and diverse world of inorganic oxysalts.Less
This book deals with the structural crystallography of inorganic oxysalts in general. A special emphasis is placed upon structural topology and the methods of its description. The latter include graph theory, nets, 2-D and 3-D tilings, polyhedra, etc. The structures considered range from minerals to organically templated oxysalts, for all of which this book provides a unified approach to structure interpretation and classification. Most of the structures are analysed and it is shown that they possess the same topological genealogy and relationships, sometimes despite their obvious chemical differences. In order to expand the range of oxysalts considered, the book offers traditional schemes and also alternative approaches such as anion topologis, anion-centered polyhedra and cation arrays. It also looks into the amazingly complex and diverse world of inorganic oxysalts.
James Robert Allison III
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780300206692
- eISBN:
- 9780300216219
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300206692.001.0001
- Subject:
- Society and Culture, Native American Studies
This book shows how American Indians fulfilled the promise of Indian self-determination by reclaiming control over reservation resources. During America’s 1970s quest for energy independence, tribes ...
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This book shows how American Indians fulfilled the promise of Indian self-determination by reclaiming control over reservation resources. During America’s 1970s quest for energy independence, tribes possessing valuable minerals resisted massive mining projects threatening their indigenous communities. They also launched a national campaign to improve their tribal governments’ capacity to manage reservation land. Working with federal agencies tasked with increasing domestic energy production, these groups created the Council of Energy Resource Tribes to educate tribal leaders and broker deals that could provide energy to the nation and revenue for the tribes. Unfortunately, an antiquated legal structure hindered tribal efforts at development. Progressive-Era laws embedded with notions of Indian inferiority – namely, the 1938 Indian Mineral Leasing Act – denied tribes the right to control reservation mining, placing this authority instead with unprepared federal agents. By the early 1980s, however, increasingly sophisticated tribes demanded the legal authority to match their newfound capacity. Working with industry representatives, federal officials, and members of Congress, energy tribes thus constructed a new legal regime – anchored by the 1982 Indian Mineral Development Act – that recognized tribal, not federal, control over reservation development. But importantly, these efforts to restructure federal law also reshaped Indian Country. As tribes altered their governments to better manage resources, intense internal debates erupted over whether these new forms of governance were culturally “authentic.” In the end, efforts to increase tribal capacity and secure legal authority over reservation resources produced both expanded sovereignty and deeply divided communities.Less
This book shows how American Indians fulfilled the promise of Indian self-determination by reclaiming control over reservation resources. During America’s 1970s quest for energy independence, tribes possessing valuable minerals resisted massive mining projects threatening their indigenous communities. They also launched a national campaign to improve their tribal governments’ capacity to manage reservation land. Working with federal agencies tasked with increasing domestic energy production, these groups created the Council of Energy Resource Tribes to educate tribal leaders and broker deals that could provide energy to the nation and revenue for the tribes. Unfortunately, an antiquated legal structure hindered tribal efforts at development. Progressive-Era laws embedded with notions of Indian inferiority – namely, the 1938 Indian Mineral Leasing Act – denied tribes the right to control reservation mining, placing this authority instead with unprepared federal agents. By the early 1980s, however, increasingly sophisticated tribes demanded the legal authority to match their newfound capacity. Working with industry representatives, federal officials, and members of Congress, energy tribes thus constructed a new legal regime – anchored by the 1982 Indian Mineral Development Act – that recognized tribal, not federal, control over reservation development. But importantly, these efforts to restructure federal law also reshaped Indian Country. As tribes altered their governments to better manage resources, intense internal debates erupted over whether these new forms of governance were culturally “authentic.” In the end, efforts to increase tribal capacity and secure legal authority over reservation resources produced both expanded sovereignty and deeply divided communities.
Martin Shapiro
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199256488
- eISBN:
- 9780191600234
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199256489.003.0009
- Subject:
- Political Science, Comparative Politics
The two papers in Ch. 5 examine how lawyers and law professors, operating in private arenas, successfully revived a pre-modern legal system, the Lex Mercatoria – the international body of trade law ...
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The two papers in Ch. 5 examine how lawyers and law professors, operating in private arenas, successfully revived a pre-modern legal system, the Lex Mercatoria – the international body of trade law derived from merchant practice. Shapiro’s paper, which was originally published in The State and Freedom of Contract (ed. Harry Scheiber, Stanford University Press) in 1998) first introduces the Lex Mercatoria (the law of merchants) in relation to freedom of contract and contract law, and then discusses globalizing tendencies in contract law, doctrine, and jurisprudence, before moving on to globalizing tendencies in contract practice, using the legal doctrine of conflict of laws as a baseline for measurement of globalization tendencies. Here, Lex Mercatoria (or general principles of law) often play a substantial part in the resolution of contract disputes, particularly where arbitration is involved. Shapiro goes on to deal with the unification of private law in the United States in the 1920s (the trans-state harmonization of contract law), which he uses as a benchmark to assess the massive post-Second World War movement to a global law of contract. Aspects addressed include the globalization of contracting practice and law, the American-style contract (in relation to franchising law and mineral (non-oil) development contracts), and developments in business organization and law institutions.Less
The two papers in Ch. 5 examine how lawyers and law professors, operating in private arenas, successfully revived a pre-modern legal system, the Lex Mercatoria – the international body of trade law derived from merchant practice. Shapiro’s paper, which was originally published in The State and Freedom of Contract (ed. Harry Scheiber, Stanford University Press) in 1998) first introduces the Lex Mercatoria (the law of merchants) in relation to freedom of contract and contract law, and then discusses globalizing tendencies in contract law, doctrine, and jurisprudence, before moving on to globalizing tendencies in contract practice, using the legal doctrine of conflict of laws as a baseline for measurement of globalization tendencies. Here, Lex Mercatoria (or general principles of law) often play a substantial part in the resolution of contract disputes, particularly where arbitration is involved. Shapiro goes on to deal with the unification of private law in the United States in the 1920s (the trans-state harmonization of contract law), which he uses as a benchmark to assess the massive post-Second World War movement to a global law of contract. Aspects addressed include the globalization of contracting practice and law, the American-style contract (in relation to franchising law and mineral (non-oil) development contracts), and developments in business organization and law institutions.
Gregory P. Cheplick and Stanley H. Faeth
- Published in print:
- 2009
- Published Online:
- January 2009
- ISBN:
- 9780195308082
- eISBN:
- 9780199867462
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195308082.003.0002
- Subject:
- Biology, Ecology
In symbiotic associations, there is great variation in ecological outcomes shaped by the underlying coevolutionary process. Endophytic fungi of grasses have been shown to affect host growth and ...
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In symbiotic associations, there is great variation in ecological outcomes shaped by the underlying coevolutionary process. Endophytic fungi of grasses have been shown to affect host growth and reproduction, photosynthetic physiology, abiotic stress tolerance, and competitive ability. Although positive effects of endophytes on host growth in several grass-endophyte systems have been described, many studies have been done mostly on a limited set of species growing in controlled environments. Effects of endophytes on host sexual reproduction range from parasitic castration (e.g., sexual Epichloë endophytes which cause choke disease) to improved seed production (e.g. asexual Neotyphodium endophytes in tall fescue). Vertical transmission within seeds occurs in asexual endophytes and may favor the evolution of mutualistic symbioses. Most reports of improved tolerance of abiotic stresses, such as low soil water and/or minerals shown by infected hosts, have involved tall fescue or perennial ryegrass. The grass-endophyte interaction could represent an adaptive symbiosis in relation to at least some environmental stresses. Effects of elevated atmospheric CO2 on grass-endophyte interactions have not been clearly demonstrated. Although past workers have sometimes shown that endophytes increased the competitive ability of their hosts, recent analyses have not supported the contention that endophytes significantly improve host competitive ability.Less
In symbiotic associations, there is great variation in ecological outcomes shaped by the underlying coevolutionary process. Endophytic fungi of grasses have been shown to affect host growth and reproduction, photosynthetic physiology, abiotic stress tolerance, and competitive ability. Although positive effects of endophytes on host growth in several grass-endophyte systems have been described, many studies have been done mostly on a limited set of species growing in controlled environments. Effects of endophytes on host sexual reproduction range from parasitic castration (e.g., sexual Epichloë endophytes which cause choke disease) to improved seed production (e.g. asexual Neotyphodium endophytes in tall fescue). Vertical transmission within seeds occurs in asexual endophytes and may favor the evolution of mutualistic symbioses. Most reports of improved tolerance of abiotic stresses, such as low soil water and/or minerals shown by infected hosts, have involved tall fescue or perennial ryegrass. The grass-endophyte interaction could represent an adaptive symbiosis in relation to at least some environmental stresses. Effects of elevated atmospheric CO2 on grass-endophyte interactions have not been clearly demonstrated. Although past workers have sometimes shown that endophytes increased the competitive ability of their hosts, recent analyses have not supported the contention that endophytes significantly improve host competitive ability.
Malcolm Ausden
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780198568728
- eISBN:
- 9780191717529
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198568728.003.0011
- Subject:
- Biology, Biodiversity / Conservation Biology
Urban areas, gardens, and backyards can support a diverse range of wildlife, including a number of species rare in or absent from more semi-natural habitats. This chapter discusses the general ...
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Urban areas, gardens, and backyards can support a diverse range of wildlife, including a number of species rare in or absent from more semi-natural habitats. This chapter discusses the general principles of the management of these areas. It also briefly discusses management of mineral-extraction sites and developed land or buildings that are not currently in use, commonly known as brownfield or post-industrial sites. Mineral-extraction sites usually occur in the wider countryside, but are discussed here because of their similarity to brownfield sites.Less
Urban areas, gardens, and backyards can support a diverse range of wildlife, including a number of species rare in or absent from more semi-natural habitats. This chapter discusses the general principles of the management of these areas. It also briefly discusses management of mineral-extraction sites and developed land or buildings that are not currently in use, commonly known as brownfield or post-industrial sites. Mineral-extraction sites usually occur in the wider countryside, but are discussed here because of their similarity to brownfield sites.
James Robert Allison
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780300206692
- eISBN:
- 9780300216219
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300206692.003.0007
- Subject:
- Society and Culture, Native American Studies
After spending the 1970s developing the institutional capacity to effectively govern their resources, energy tribes now demanded that federal law recognize their authority to make development ...
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After spending the 1970s developing the institutional capacity to effectively govern their resources, energy tribes now demanded that federal law recognize their authority to make development decisions. This final chapter documents, once again, the pivotal role the Northern Cheyenne tribe played in this process. With Ronald Reagan’s massive budget cuts forcing tribes to look increasingly to private-tribal partnerships to extract their minerals and secure revenue, the Northern Cheyenne executed a 1982 agreement with the Atlantic Richfield Company. Federal officials, however, were reluctant to approve the deal because it did not conform to the 1938 Indian Mineral Leasing Act, exposing how embedded notions of Indian inferiority continued to hinder tribal development. In response, the Northern Cheyenne, the Council of Energy Resource Tribes, and their allies within the federal government and the energy industry, pushed to change the law. The result was the 1982 Indian Mineral Development Act that authorized tribes to enter into whatever type of resource development agreement they desired, subject only to final federal approval. This new law reversed the historic roles of federal and tribal governments, giving energy tribes primary authority to determine the fate of their resources.Less
After spending the 1970s developing the institutional capacity to effectively govern their resources, energy tribes now demanded that federal law recognize their authority to make development decisions. This final chapter documents, once again, the pivotal role the Northern Cheyenne tribe played in this process. With Ronald Reagan’s massive budget cuts forcing tribes to look increasingly to private-tribal partnerships to extract their minerals and secure revenue, the Northern Cheyenne executed a 1982 agreement with the Atlantic Richfield Company. Federal officials, however, were reluctant to approve the deal because it did not conform to the 1938 Indian Mineral Leasing Act, exposing how embedded notions of Indian inferiority continued to hinder tribal development. In response, the Northern Cheyenne, the Council of Energy Resource Tribes, and their allies within the federal government and the energy industry, pushed to change the law. The result was the 1982 Indian Mineral Development Act that authorized tribes to enter into whatever type of resource development agreement they desired, subject only to final federal approval. This new law reversed the historic roles of federal and tribal governments, giving energy tribes primary authority to determine the fate of their resources.
Ian W. McLean
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691154671
- eISBN:
- 9781400845439
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691154671.003.0009
- Subject:
- Economics and Finance, Economic History
This chapter explains how the higher level of prosperity attained during the second “golden age” was threatened during the late 1960s and early 1970s. Pressures for a significant restructuring in the ...
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This chapter explains how the higher level of prosperity attained during the second “golden age” was threatened during the late 1960s and early 1970s. Pressures for a significant restructuring in the economy arose from a boom in mineral production, the onset of Asian industrialization, and a spike in world energy prices. These forces eventually led to the adoption of more outward-oriented policies with respect to trade and capital flows and a more market-oriented approach to the regulation of the domestic economy—policies more akin to those pursued in the nineteenth century. In pursuit of enhanced levels of prosperity, the policy reforms during the 1980s and 1990s were numerous and significant, requiring the abolition or adaptation of some key economic institutions.Less
This chapter explains how the higher level of prosperity attained during the second “golden age” was threatened during the late 1960s and early 1970s. Pressures for a significant restructuring in the economy arose from a boom in mineral production, the onset of Asian industrialization, and a spike in world energy prices. These forces eventually led to the adoption of more outward-oriented policies with respect to trade and capital flows and a more market-oriented approach to the regulation of the domestic economy—policies more akin to those pursued in the nineteenth century. In pursuit of enhanced levels of prosperity, the policy reforms during the 1980s and 1990s were numerous and significant, requiring the abolition or adaptation of some key economic institutions.
Richard Pomfret
- Published in print:
- 2019
- Published Online:
- May 2019
- ISBN:
- 9780691182216
- eISBN:
- 9780691185408
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691182216.003.0002
- Subject:
- Business and Management, International Business
This chapter analyzes the first decade of Central Asia's independence and transition towards market-based economies. After December 1991, the new independent states had no alternative than to embark ...
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This chapter analyzes the first decade of Central Asia's independence and transition towards market-based economies. After December 1991, the new independent states had no alternative than to embark on the transition from central planning. Throughout Central Asia, the 1990s were a grim decade, with falling output and increased income inequality and poverty. The transitional recession was most moderate in Uzbekistan and most severe in Tajikistan, which suffered from civil war until 1997. Recovery began in the late 1990s, and in the first decade of the twenty-first century, Central Asia was one of the fastest growing parts of the world economy, buoyed by a mixture of recovery from recession and soaring world prices for key energy and mineral exports.Less
This chapter analyzes the first decade of Central Asia's independence and transition towards market-based economies. After December 1991, the new independent states had no alternative than to embark on the transition from central planning. Throughout Central Asia, the 1990s were a grim decade, with falling output and increased income inequality and poverty. The transitional recession was most moderate in Uzbekistan and most severe in Tajikistan, which suffered from civil war until 1997. Recovery began in the late 1990s, and in the first decade of the twenty-first century, Central Asia was one of the fastest growing parts of the world economy, buoyed by a mixture of recovery from recession and soaring world prices for key energy and mineral exports.
Richard Pomfret
- Published in print:
- 2019
- Published Online:
- May 2019
- ISBN:
- 9780691182216
- eISBN:
- 9780691185408
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691182216.003.0003
- Subject:
- Business and Management, International Business
This chapter examines the characteristics of the natural resources that are important for Central Asia. At independence, cotton was the most important commodity export from Central Asia, but cotton ...
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This chapter examines the characteristics of the natural resources that are important for Central Asia. At independence, cotton was the most important commodity export from Central Asia, but cotton did not share in the commodity boom, never repeating the 1995 peak price of over a dollar per pound. In the twenty-first century, cotton has been displaced by oil and gas and minerals. However, all the governments have shown concern about ongoing dependence on primary product exports, whose importance increased after independence despite plans for economic diversification. The chapter then reviews the resource curse literature that highlights why primary product dependence may be harmful. Resource curse outcomes are not inevitable, but resource-abundant countries do face significant obstacles if they want to avoid such an outcome.Less
This chapter examines the characteristics of the natural resources that are important for Central Asia. At independence, cotton was the most important commodity export from Central Asia, but cotton did not share in the commodity boom, never repeating the 1995 peak price of over a dollar per pound. In the twenty-first century, cotton has been displaced by oil and gas and minerals. However, all the governments have shown concern about ongoing dependence on primary product exports, whose importance increased after independence despite plans for economic diversification. The chapter then reviews the resource curse literature that highlights why primary product dependence may be harmful. Resource curse outcomes are not inevitable, but resource-abundant countries do face significant obstacles if they want to avoid such an outcome.
Ekaterina Pravilova
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691159058
- eISBN:
- 9781400850266
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691159058.003.0003
- Subject:
- History, Russian and Former Soviet Union History
The idea of private property, borrowed by Catherine the Great from Europe, was transplanted into an economic order based on serfdom and hierarchical patrimonial relations. Peasants were seen as being ...
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The idea of private property, borrowed by Catherine the Great from Europe, was transplanted into an economic order based on serfdom and hierarchical patrimonial relations. Peasants were seen as being attached to land—along with rivers, forests, and whatever else this land might contain on and beneath its surface. This chapter traces the transformation of property rights set off by the reforms of the 1860s and, most importantly, the emancipation of the serfs, through the analysis of two acute issues in the Russian economy—the preservation of forests and the exploitation of mineral resources. It analyzes how the emancipation of peasants in 1861 affected the system of property rights designed in different economic conditions. It shows which elements of Catherine's vision of property survived through the reform, and how her legacy affected the post-emancipation vision, practice, and politics of property.Less
The idea of private property, borrowed by Catherine the Great from Europe, was transplanted into an economic order based on serfdom and hierarchical patrimonial relations. Peasants were seen as being attached to land—along with rivers, forests, and whatever else this land might contain on and beneath its surface. This chapter traces the transformation of property rights set off by the reforms of the 1860s and, most importantly, the emancipation of the serfs, through the analysis of two acute issues in the Russian economy—the preservation of forests and the exploitation of mineral resources. It analyzes how the emancipation of peasants in 1861 affected the system of property rights designed in different economic conditions. It shows which elements of Catherine's vision of property survived through the reform, and how her legacy affected the post-emancipation vision, practice, and politics of property.
Anthony Scott
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780198286035
- eISBN:
- 9780191718410
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198286035.001.0001
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This book reacts to an economic literature which relies on theory to explain property rights. To correct this truistic approach the book traces the actual evolution by examining when, where, and how ...
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This book reacts to an economic literature which relies on theory to explain property rights. To correct this truistic approach the book traces the actual evolution by examining when, where, and how particular rights have acquired one or more of six characteristics. Coverage begins, for most resources, with rights acquired in the Norman Conquest, and examines their evolution in England and the US, as well as Canada and Australia. It is emphasized that it was the accumulation of these characteristics that made property rights more ‘complete’. The book is divided into four main parts. Each part surveys the history of individual rights held by owners and users of one of four natural resources: flowing water, fisheries, minerals, and timber. Coal and petroleum rights get their own chapter. Ocean fisheries' rights are an example. For centuries fishing had been ‘common property’. Government reinforced a public right of fishing with such enactments as Magna Carta. Nevertheless, since the nineteenth century most fishermen's rights have obtained some of the exclusivity characteristic. The book identifies episodes featuring a ‘demand’ for increases in a right's characteristics or/and a increase in ‘supply’ by courts, government, and custom. Half the resource chapters are devoted to rights to use public (Crown) lands; half are devoted to private rights on private lands. Less
This book reacts to an economic literature which relies on theory to explain property rights. To correct this truistic approach the book traces the actual evolution by examining when, where, and how particular rights have acquired one or more of six characteristics. Coverage begins, for most resources, with rights acquired in the Norman Conquest, and examines their evolution in England and the US, as well as Canada and Australia. It is emphasized that it was the accumulation of these characteristics that made property rights more ‘complete’. The book is divided into four main parts. Each part surveys the history of individual rights held by owners and users of one of four natural resources: flowing water, fisheries, minerals, and timber. Coal and petroleum rights get their own chapter. Ocean fisheries' rights are an example. For centuries fishing had been ‘common property’. Government reinforced a public right of fishing with such enactments as Magna Carta. Nevertheless, since the nineteenth century most fishermen's rights have obtained some of the exclusivity characteristic. The book identifies episodes featuring a ‘demand’ for increases in a right's characteristics or/and a increase in ‘supply’ by courts, government, and custom. Half the resource chapters are devoted to rights to use public (Crown) lands; half are devoted to private rights on private lands.
Anthony Scott
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780198286035
- eISBN:
- 9780191718410
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198286035.003.0008
- Subject:
- Economics and Finance, Development, Growth, and Environmental
Changes in mining rights on private lands came about in leasing contracts, court interpretations, and custom. By the nineteenth century English landowning families could set up mining operation ...
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Changes in mining rights on private lands came about in leasing contracts, court interpretations, and custom. By the nineteenth century English landowning families could set up mining operation themselves, call on free miners, or lease or sell mining rights to outsiders. Under changing property law, the family head might be impeachable for waste — for his family and his tenants his title might require that the estate's minerals and surface lands remain intact. Changes in tort law lawsuit decisions increased his exclusivity. They prevented him from interfering with his neighbours, his neighbours from harming him, and flooding. The courts in Rylands v Fletcher (1868) produced a spillover doctrine that was soon applied beyond mining. If the holding originating the flooding was doing something that was not ‘natural’ to its operations, it was liable to the victim. In the booming US mining, Rylands v Fletcher was cited frequently. The chapter mentions damage from surface collapse. The English courts were driven to an extreme: any surface landowner was absolutely entitled to support. The parties' contract could not waive this right. Instead of this for some decades some American courts followed a doctrine that when on one piece of land surface and mining interests were in physical conflict the miner's was always the ‘dominant’ estate.Less
Changes in mining rights on private lands came about in leasing contracts, court interpretations, and custom. By the nineteenth century English landowning families could set up mining operation themselves, call on free miners, or lease or sell mining rights to outsiders. Under changing property law, the family head might be impeachable for waste — for his family and his tenants his title might require that the estate's minerals and surface lands remain intact. Changes in tort law lawsuit decisions increased his exclusivity. They prevented him from interfering with his neighbours, his neighbours from harming him, and flooding. The courts in Rylands v Fletcher (1868) produced a spillover doctrine that was soon applied beyond mining. If the holding originating the flooding was doing something that was not ‘natural’ to its operations, it was liable to the victim. In the booming US mining, Rylands v Fletcher was cited frequently. The chapter mentions damage from surface collapse. The English courts were driven to an extreme: any surface landowner was absolutely entitled to support. The parties' contract could not waive this right. Instead of this for some decades some American courts followed a doctrine that when on one piece of land surface and mining interests were in physical conflict the miner's was always the ‘dominant’ estate.
James Robert Allison
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780300206692
- eISBN:
- 9780300216219
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300206692.003.0001
- Subject:
- Society and Culture, Native American Studies
If the Prologue presents the specific action that altered the state of reservation resource development, this first chapter explains how we got there. Opening with the federal government’s warm ...
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If the Prologue presents the specific action that altered the state of reservation resource development, this first chapter explains how we got there. Opening with the federal government’s warm embrace of the first energy proposals to the Northern Cheyenne tribe in the 1960s, the chapter describes the legal regime that placed federal, not tribal, officials in charge of reservation development. Tracking the ideological underpinnings of these laws back to the 1930s, it shows that while John Collier’s Indian New Deal ended the worst of federal Indian policies – such as allotment and forced assimilation – paternalistic assumptions of Indian inferiority remained in federal law. Further, the chapter demonstrates how laws governing reservation development were patterned off a dysfunctional legal regime used for leasing public minerals, which allowed energy companies to acquire vast amounts of resources on the cheap. Little of this, of course, was known to Cheyenne leaders in the 1960s, who collaborated with federal officials to secure the largest and most lucrative energy contracts possible.Less
If the Prologue presents the specific action that altered the state of reservation resource development, this first chapter explains how we got there. Opening with the federal government’s warm embrace of the first energy proposals to the Northern Cheyenne tribe in the 1960s, the chapter describes the legal regime that placed federal, not tribal, officials in charge of reservation development. Tracking the ideological underpinnings of these laws back to the 1930s, it shows that while John Collier’s Indian New Deal ended the worst of federal Indian policies – such as allotment and forced assimilation – paternalistic assumptions of Indian inferiority remained in federal law. Further, the chapter demonstrates how laws governing reservation development were patterned off a dysfunctional legal regime used for leasing public minerals, which allowed energy companies to acquire vast amounts of resources on the cheap. Little of this, of course, was known to Cheyenne leaders in the 1960s, who collaborated with federal officials to secure the largest and most lucrative energy contracts possible.
Neil E. Rowland
- Published in print:
- 2004
- Published Online:
- May 2009
- ISBN:
- 9780195162851
- eISBN:
- 9780199863891
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195162851.003.0019
- Subject:
- Neuroscience, Behavioral Neuroscience, Techniques
This chapter is organized around a construct of hydromineral homeostasis and focuses on water and mineral consumption in rats. It provides a brief overview of the main body fluid compartments, of how ...
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This chapter is organized around a construct of hydromineral homeostasis and focuses on water and mineral consumption in rats. It provides a brief overview of the main body fluid compartments, of how fluids are gained and lost by those compartments, and of relevant neural and hormonal signals. The test environment and sodium preference and appetite are also discussed.Less
This chapter is organized around a construct of hydromineral homeostasis and focuses on water and mineral consumption in rats. It provides a brief overview of the main body fluid compartments, of how fluids are gained and lost by those compartments, and of relevant neural and hormonal signals. The test environment and sodium preference and appetite are also discussed.
James Robert Allison
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780300206692
- eISBN:
- 9780300216219
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300206692.003.0002
- Subject:
- Society and Culture, Native American Studies
This chapter demonstrates the flawed minerals leasing regime in action. Postwar changes in global energy production and escalating demand from the booming Sunbelt South brought multinational energy ...
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This chapter demonstrates the flawed minerals leasing regime in action. Postwar changes in global energy production and escalating demand from the booming Sunbelt South brought multinational energy companies to the vast coal reserves of the American West. There, they exploited a legal regime that placed authority over public and tribal minerals in the hands of unprepared federal officials, who allowed energy firms to cheaply secure millions of tons of minerals. By 1971, this system was so dysfunctional that the federal government halted further leasing of public minerals, though Indian mineral development continued unabated. No group had more experience with this broken system than the Navajo and Hopi tribes. The second half of the chapter thus demonstrates how energy companies worked with federal agents and tribal leaders to lock up reservation minerals for minimum royalties. It discusses the pressure to develop exerted by federal officials, the inexperience of tribal leaders negotiating energy deals, and the lack of knowledge among ordinary tribal members about mining’s impacts. While some tribal members resisted development, that resistance came too little, too late. These southwestern fights, however, prepared a generation of tribal leaders and consultants for their more successful battle on the Northern Plains.Less
This chapter demonstrates the flawed minerals leasing regime in action. Postwar changes in global energy production and escalating demand from the booming Sunbelt South brought multinational energy companies to the vast coal reserves of the American West. There, they exploited a legal regime that placed authority over public and tribal minerals in the hands of unprepared federal officials, who allowed energy firms to cheaply secure millions of tons of minerals. By 1971, this system was so dysfunctional that the federal government halted further leasing of public minerals, though Indian mineral development continued unabated. No group had more experience with this broken system than the Navajo and Hopi tribes. The second half of the chapter thus demonstrates how energy companies worked with federal agents and tribal leaders to lock up reservation minerals for minimum royalties. It discusses the pressure to develop exerted by federal officials, the inexperience of tribal leaders negotiating energy deals, and the lack of knowledge among ordinary tribal members about mining’s impacts. While some tribal members resisted development, that resistance came too little, too late. These southwestern fights, however, prepared a generation of tribal leaders and consultants for their more successful battle on the Northern Plains.
Alyson Warhurst and Kevin Franklin
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780195125788
- eISBN:
- 9780199832927
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195125789.003.0012
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter discusses the effects of minerals development on biodiversity; land use and fragmentation; pollution resulting from mining operations; managing biological resources in minerals ...
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This chapter discusses the effects of minerals development on biodiversity; land use and fragmentation; pollution resulting from mining operations; managing biological resources in minerals development; emerging best practices; exploration; innovation for remediation and reuse throughout the mine operation; rehabilitation and decommissioning; national legislation; corporate social responsibility within the minerals sector; and the future challenges of minerals extraction and development.Less
This chapter discusses the effects of minerals development on biodiversity; land use and fragmentation; pollution resulting from mining operations; managing biological resources in minerals development; emerging best practices; exploration; innovation for remediation and reuse throughout the mine operation; rehabilitation and decommissioning; national legislation; corporate social responsibility within the minerals sector; and the future challenges of minerals extraction and development.
David N. Smith and Cyril F. Kormos
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780195125788
- eISBN:
- 9780199832927
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195125789.003.0015
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter discusses the environmental dimensions in mining and petroleum laws and contracts, obstacles to environmental and local community protection in resource legislation and contracts as ...
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This chapter discusses the environmental dimensions in mining and petroleum laws and contracts, obstacles to environmental and local community protection in resource legislation and contracts as related to conservation, and concession contracts. This chapter concludes with recommendation for governments, NGOs, companies, and international organizations.Less
This chapter discusses the environmental dimensions in mining and petroleum laws and contracts, obstacles to environmental and local community protection in resource legislation and contracts as related to conservation, and concession contracts. This chapter concludes with recommendation for governments, NGOs, companies, and international organizations.
Geoffrey Tweedale
- Published in print:
- 2001
- Published Online:
- October 2011
- ISBN:
- 9780199243990
- eISBN:
- 9780191697326
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199243990.001.0001
- Subject:
- Business and Management, Business History
Asbestos was once known as the ‘magic mineral’ because of its ability to withstand flames. Yet since the 1970s, it has become a notorious and feared ‘killer dust’ that is responsible for thousands of ...
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Asbestos was once known as the ‘magic mineral’ because of its ability to withstand flames. Yet since the 1970s, it has become a notorious and feared ‘killer dust’ that is responsible for thousands of deaths and an epidemic that continues into the new millennium. This book gives an account of the UK asbestos health problem, providing an in-depth look at the occupational health experience of one of the world's leading asbestos companies — British asbestos giant, Turner & Newall. Based on a company archive recently released in American litigation, it gives an insight into all aspects of the asbestos hazard — dust control, workmen's compensation, government regulation, and the development of medical knowledge. In particular, the book looks at the role of industrialists, doctors, factory inspectors, and trade unionists, highlighting the failures in regulation that allowed the commercial development of a material that has been known to be lethal since at least 1900.Less
Asbestos was once known as the ‘magic mineral’ because of its ability to withstand flames. Yet since the 1970s, it has become a notorious and feared ‘killer dust’ that is responsible for thousands of deaths and an epidemic that continues into the new millennium. This book gives an account of the UK asbestos health problem, providing an in-depth look at the occupational health experience of one of the world's leading asbestos companies — British asbestos giant, Turner & Newall. Based on a company archive recently released in American litigation, it gives an insight into all aspects of the asbestos hazard — dust control, workmen's compensation, government regulation, and the development of medical knowledge. In particular, the book looks at the role of industrialists, doctors, factory inspectors, and trade unionists, highlighting the failures in regulation that allowed the commercial development of a material that has been known to be lethal since at least 1900.
A.M. Stoneham
- Published in print:
- 2001
- Published Online:
- September 2007
- ISBN:
- 9780198507802
- eISBN:
- 9780191709920
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198507802.003.0022
- Subject:
- Physics, Condensed Matter Physics / Materials
The colours of many minerals are determined by transition metal impurities, and such impurities demonstrate a wide range of magnetic and optical behaviour. This chapter discusses the systematics of ...
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The colours of many minerals are determined by transition metal impurities, and such impurities demonstrate a wide range of magnetic and optical behaviour. This chapter discusses the systematics of the behaviour and the extent to which theory is effective in predicting what happens. It details coupling schemes, iron-group ions in cubic symmetry, the cubic field splitting, and rare-earth ions.Less
The colours of many minerals are determined by transition metal impurities, and such impurities demonstrate a wide range of magnetic and optical behaviour. This chapter discusses the systematics of the behaviour and the extent to which theory is effective in predicting what happens. It details coupling schemes, iron-group ions in cubic symmetry, the cubic field splitting, and rare-earth ions.
