Advancing the Sovereign Trust of Government to Safeguard the Environment for Present and Future Generations (Part I): Ecological Realism and the Need for a Paradigm Shift
Modern environmental law has proved a colossal failure, despite the good intentions and the hard work of many citizens, lawyers, and government officials. Notwithstanding the most extensive and complex set of legal mandates the world has ever known, government is driving runaway greenhouse gas emissions and resource depletion. Agencies use the discretion in their statutes to allow continuing damage to the atmosphere and other natural resources. At a time when society faces catastrophic climate heating and ecological collapse, leading thinkers should be setting their sights on a transformational environmental law principle. This Article is the first of two companion Articles that identify the public trust doctrine as the most fundamental legal mechanism available to ensure governmental protection of natural resources necessary for public welfare and survival. At the core of the doctrine is the principle that every sovereign government holds vital natural resources in “trust” for the public – i.e., present and future generations of citizen beneficiaries. This Article proposes a paradigm shift away from the current system of natural resource management, a system driven by political discretion, to one that is infused with public trust principles and policies across all branches of government and at all jurisdictional levels. Section II of this Article explains the necessity for an emergency response to arrest the hemorrhage of natural systems and stabilize climate by bringing down atmospheric concentrations of greenhouse gas pollution. Section III explains the dysfunction of modern environmental law and the role of agencies in promoting natural damage. Section IV explores the depth of legal change needed to secure the resources essential to future survival and prosperity. Section V explains the role of government as trustee of natural resources. Section VI describes states and foreign nations as covenant trustees with respect to shared or transitory resources. Part II of this work presents the trust framework as it relates to the modern regime of statutory and administrative law.
環境法 = Environmental law
第１編 環境法の基礎（わが国の公害・環境法の歴史；環境問題と環境法の特色・体系；環境法の基本理念・原則、各主体の役割；環境政策の手法） 第２編 国境を越える環境問題への法的対応（国境を越える環境問題と国際環境法；主な地球環境問題に関する条約と国内的対応；貿易と環境に関する議論） 第３編 国内環境法（環境基本法と環境基本計画；環境影響評価に関する法；化学物質のリスク審査法；汚染排出の防止・消減に関する法；循環管理法；自然・文化環境保全法；環境保護の費用負担；公害・環境事件の司法・行政的解決；環境行政組織）
Project management education: The human skills imperative
Abstract This paper is intended to provide an insight into the importance of human skills in project management success and the apparent lack of emphasis placed on this within the context of university education. The discussion will call upon the viewpoints of many notable authors in respect to the human or ‘soft’ skills that are necessary in the management of projects. Against this background a review will be conducted into how well project management literature and university education equips potential project managers in the area of human skills. As the PMBOK ® Guide is one of the major recommended texts in Australian universities offering project management education, the paper will identify that it predominantly emphasises the required ‘hard (technical) skills’ at the expense of the ‘soft (human) skills’. Subsequent discussion will highlight the need for a balance between hard and soft skills within project management education in universities. It will conclude that educators within this discipline should recognise the importance of incorporating greater human skills aspects into their educational programs.