Thesis (Ph. D.)--Ohio State University, 2001. / Includes bibliographical references (leaves 194-210).

Thesis (Ph. D.)--University of Southampton, Faculty of Law, 1986. / Typescript. Typescript Cover title. At head of title: University of Southampton, Faculty of Law. Includes bibliographical references (leaves 399-412).

Thesis (Ph.D.)--Aberdeen University, 2009. / Title from web page (viewed on June 26, 2009). Includes bibliographical references.

Thesis (Ph. D.)--Duke University, 2005. / Typescript. Vita. Includes bibliographical references (leaves 357-380).

Thesis (Ph. D.)--University of Wisconsin--Madison, 1981. / Typescript. Vita. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 121-130).

Thesis (Ph. D.)--Florida State University, 2006. / Advisor: Ted Chiricos, Florida State University, College of Criminology and Criminal Justice. Title and description from dissertation home page (viewed Sept. 21, 2006). Document formatted into pages; contains viii, 257 pages. Includes bibliographical references.

Thesis (Ph. D.)--University of Texas at Austin, 2007. / Vita. Includes bibliographical references.

This thesis offers a new conceptual framework - the environmental rule of law - to describe weaknesses in the development of Indian environmental law, and uses this description to critique the dominant discourse on environmental institutional reform. A secondary framework-fragmentation is also used to supplement the analysis of Indian environmental law. Part I develops the conceptual framework of the environmental rule of law by considering the special challenges that the inherent polycentric and interdisciplinary nature of environmental law present for commonly understood rule of law values such as clarity, certainty and consistency. It also relies on Jeremy Waldron's conception of articulated governance to demonstrate that the rule of law is linked to the principle of separation of powers. This conception lays emphasis on the role of the three institutions of government - the legislature, the executive and the judiciary - in strengthening or weakening the rule of law. To determine institutional contribution to the rule of law, I develop three broad indicators to assess the legal quality of the instruments of each of these institutions of government. These indicators are: a) capacity of statutes to guide executive and judicial behaviour by goal-setting and balancing competing interests; b) the ability of the executive to make flexible yet reasoned decisions grounded in primary legislation; and c) the use of statutory interpretation and consistent standards of judicial review by the courts as they give effect to environmental rights and principles. Through the use of case studies in Part II that span environmental impact assessment, forest conservation, and indigenous rights, I demonstrate that the lack of adherence to these indicators produces a body of environmental law that is fragmented i.e. one characterised by multiple overlapping yet self-contained legal regimes with conflicting provisions and the absence of unifying norms. In Part III, I use this understanding of fragmentation to critically analyse environmental legal and institutional reform proposals. I show that existing proposals address only the structure, rather than the process of functioning of the institutions of government. The rule of law framework that I develop also has potential for application to other areas of the law.

The reforms initiated in the global energy industry since the late 1980s have been seen as phenomenal and radical. In the main, the changes are perceived as the manifestation of the inexorable retreat of the state, apparently due to its failings, from the energy business. This thesis argues that the real position in the industry is not conterminous with that postulate. The unique character of the energy industry guarantees that the state's influence may change, but not swept away. Even when methods change, the objectives of state participation - efficiency, equity and stability - remain unalterable. This is demonstrated in three forms: First, domestic regulation of the industry, second, the exploitation of energy resource from a source shared by two or more countries, and third, international trade in energy. Indeed, the ubiquitous presence of the state in the energy industry has yielded varying results in different countries, and as in the case of Ghana, for different utilities. This thesis proposes that good governance is the critical variable that accounts for the difference. The need for stable governance, not characterised by the endurance of dictatorship, but exhibited in the form of competitive democracy, effective bureaucracy, rule of law, discretion and decentralisation, form the macro foundation for the efficient, equitable and stable operation of the energy business.

<p> Across the United States, at least 1,600 local governments in 40 states have enacted stormwater fees since the mid-1960s. Many of these local governments enacted stormwater fees to finance costly infrastructure upgrades required by increasingly stringent federal and state regulation of stormwater systems and combined sewer overflows. The sustained spread of stormwater fees across the United States over the past five decades reflects a significant shift of fiscal responsibility for operating, maintaining, and improving key public infrastructure systems to the local level. This dissertation investigates the emergence, diffusion, and form of stormwater fees enacted by local governments in the United States over the past 50 years. Structured by several theoretical frameworks and utilizing a combination of qualitative and quantitative methods, this research identifies key vertical and horizontal intergovernmental dynamics influencing the enactment of stormwater fees by local governments across the country. While underscoring the strong influence that federal and state regulation of municipal stormwater systems has played in popularizing stormwater fees among local governments in the United States, my research also highlights the crucial role that state-level statutory law, case law, and administrative approaches have had on expanding or contracting the options local governments have for implementing stormwater fees individually within their own jurisdictions and collectively across metropolitan regions. My case studies of stormwater fee form suggest that the challenges to broadly scoped collective action characterizing stormwater management and finance in highly fragmented metropolitan regions may present transaction cost barriers too high to be surmounted without coercive intervention from a higher level of government, but that collective action of more limited scope can be achieved in relatively self-organized manner. This research also demonstrates the enduring and important role that consulting firms and professional industry associations have played in influencing stormwater fee enactment by local governments across the United States over the past half-century.</p><p>