The Greater Yellowstone policy debate: What is the policy problem?

Yellowstone National Park and the surrounding mountainous region comprise the Greater Yellowstone Ecosystem (GYE), a 19 million acre area that is one of the few relatively intact ecosystems in the lower 48 states. Conservationists believe that continuation of present land management practices in the region will disrupt the ecological integrity of the GYE. Many authors have identified and described these threats, but as yet there has been no sustained effort to make sense of these threats in the context of the ongoing dynamic policy debate. We develop the foundation for such understanding by examining the implicit problem definitions that have emerged from this debate. They fall into three general categories: 1) a scientific definition, 2) an economic definition, and 3) a bureaucratic definition. This process produces an exploratory definition of the policy problem, which suggests a strategy for better understanding and policy design. We propose several intervention points at which substantive, one-the-ground improvements in the management of the GYE are possible.     

A bad trip for health-related human rights: implications of Momcilovic v The Queen (2011) 85 ALJR 957

Momcilovic v The Queen (2011) 85 ALJR 957; [2011] HCA 34 arose from a prosecution for drug trafficking brought under the Drugs, Poisons and Controlled Substances Act 1981 (Vic). The Australian High Court held that the Charter of Human Rights and Responsibilities Act 2006 (Vic) (the Charter) validly conferred a power on the Victorian Supreme Court and Court of Appeal to interpret legislation in a manner consistent with a defined list of human rights. By a slim majority it also held that the Charter validly created a judicial power to "declare" a law inconsistent with one or more enumerated human rights. In reaching its decision, however, the majority supported a narrow interpretation likely to undermine the intended capacity of the Charter to act as a remedial mechanism to reform laws, regulations and administrative practices which infringe human rights and freedoms. Although Momcilovic involved interpretation of a specific State human rights law, the High Court judgments allude to significant problems should the Federal Government seek to introduce a similar charter-based human rights system. Momcilovic, therefore, represents a risk to future efforts to develop nationally consistent Australian human rights jurisprudence. This has particular relevance to health and medically related areas such as the freedom from torture and degrading and inhuman treatment and, in future, enforceable constitutional health-related human rights such as that to emergency health care.     

Yield and turnover of illicit indoor cannabis (Cannabis spp.) plantations in Belgium

In prosecution, Belgian judiciary currently uses outdated yield figures (28.1g per plant, sold at € 3/g at grower level) for fining illicit indoor cannabis plantations. Using state-of-the-art cultivation techniques, our growth experiments showed that yield is better expressed in g/m(2) cultivated surface area rather than in g per plant, and that yield varies significantly between different cannabis strains. It was found that the lower-bound of the one-sided 95% confidence interval of the yield of an indoor cannabis plantation can be set at 575 g/m(2). Prices and pricing mechanisms were investigated using interviews with respondents selected through snowball sampling. Results reveal that (i) the Belgian cannabis market chain is highly complex; (ii) unit prices are predominantly determined by transaction sizes; but also (iii) a set of product- and socially-related price-fixing mechanisms have an equally important role. At grower level, respondents reported prices for 1 g of dry cannabis buds to range € 3.00-4.25.