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The following paper was written for the 2014 International Union for the Conservation of Nature Academy of Environmental Law Colloquium in Tarragona, Spain. The paper was presented at the Colloquium, and an abridged version of the paper is being published in Energy, Governance and Sustainability: Contributions to 2014 Colloquium of the Academy of Environmental Law of the International Conservation of Nature Union. ** The following is the unabridged and updated version of the paper, which includes numerous additional examples and analyses. I.

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