Environmental Contracts Comparative Approaches To Regulatory Innovation In The United States And Europe

Environmental regulation has come of age in recent decades as the blunt methods of command-and-control have been subjected to trenchant criticism from both economists and lawyers in the United States and Europe. As a result of this intellectual development, as well as continuing and increasing severity of environmental problems, there is a need for fresh thinking about regulatory methods that are rational from both economic and legal points of view. This book focuses on the viability of one particular regulatory innovation--the use of agreements or contracts for environmental regulation--as it has been practised in the United States and Europe. The various contributions explore the general idea that certain kinds of environmental problems may best be addressed through contracts among interested parties, including representatives of various levels of government, business, local community and employment representatives, and public interest groups. The parties get together to discuss a particular problem and then agree to an agreement or contract designed to address key issues and interests. At least in some situations, this approach may yield greater flexibility, stronger commitment, and more creative outcomes than traditional command-and-control regulation. Experiments in the use of environmental contracts have begun on both sides of the Atlantic, a fact which makes the comparative study offered here especially timely and valuable.

This book takes a comparative perspective of practice in the European Union, North America, Japan and Australasia, arguing that existing legal reforms to promote sustainable development are unlikely to be successful unless environmental policy can be diffused and embedded in the financial services sector. This sector plays a crucial role in creating the financial conditions that allow much economic development to proceed. Financial markets are already highly regulated in pursuance of various public policy objectives, and there is scope to adapt existing regulation to incorporate environmental aspects into the financial services sector. In terms of specific reforms, the book focuses on the role of corporate environmental reporting, economic instruments and liability rules to provide a proper context for engaging financial organisations with the environment, as well as reforms to the system of prudential regulation that currently governs this sector. Beyond the focus on the financial services sector, the book raises complex questions regarding the relationship between the state and market institutions in environmental policy, and will appeal to scholars from a wide range of disciplines interested in problems of environmental governance.

A comparative analysis of environmental policy innovations in the United States and Europe that use voluntary, collaborative, and information-based approaches.

Many businesses profess to be voluntarily taking steps to protect the environment, and going beyond compliance with environmental regulations to do so. Kurt Strasser evaluates these claims in this timely and cuttingedge inquiry.

This book aims to stimulate new thinking on the roles of river contracts in the protection and management of hydrographic resources and ecosystems and in the sustainable development of dependent territories and communities. Up-to-date information is provided on a range of topics relating to river contracts, including their relevance to implementation of the EU Water Framework Directive on integrated river basin management. The importance of river contracts for innovation in territorial planning and governance is explored with the aid of comparative analysis between France and Italy that encompasses water management policies, legislative frameworks, contents and procedures, and stakeholder rules and participation. This analysis is supported by enlightening case studies in urbanized and rural contexts within the two countries. The book will be of high interest for all who wish to understand the potential of river contracts to create innovative forums for dialogue and knowledge sharing between public/private stakeholders and local communities and to prompt a new form of governance of river ecosystems and territories that is compliant with the subsidiarity principle.

We are witnessing an alarming, global biodiversity crisis with an ongoing loss of species and their habitats. In response, a number of tools and approaches – including some that are contested – are being explored and promoted. Biodiversity offsets are one such approach, and deserve critical examination since the debate surrounding them has often been oversimplified and lacking practical evidence. As such, this study presents a refined typology including seven types of biodiversity offsets and taking into account different contexts, governance arrangements and drivers. It draws on a detailed analysis of theoretical concepts to explain the voluntary implementation of biodiversity offsets using an internet-based (netnographic) research approach. Furthermore it builds on a broad global explorative base of 72 practical examples and presents in-depth case studies for each type. The results reveal a number of global tendencies that allow recommendations to be made for different locations, contexts and stakeholders. They also encourage the expansion of this research field to respond to the pressing needs of policy and practice.

It is a commonplace that pollution knows no borders, and that environmental law must allow for cross-border implementation. The European Union specifies this principle in EC directives on integrated pollution prevention and control (IPPC), on environmental impact assessment (EIA), and on the control of major accident hazards involving dangerous substances (Seveso II). This is the first book to investigate from both empirical and normative perspectives the effectiveness of these directives at the national level. It provides by far the most extensive comparative analysis and evaluation of the industrial permitting and inspections, EIA, and major accident prevention in the EU. Offering an in-depth study of the transposition and implementation of EC environmental directives in eight EU member states (Denmark, France, Germany, Italy, the Netherlands, Spain, Sweden, and the United Kingdom), the author who has played a significant role in the formulation of environmental legislation and regulation at both the national (German) and EU levelsand¿provides a stable base for an assessment of the benefits and costs of the integrated approach to environmental protection. Among the factors considered are the following: key features of national constitutional, administraand¬tive, and judicial systems which provide the framework for environand¬mental regulations and their implementation in the eight countries under study; procedures and substantive requirements transposing the IPPC, EIA and Seveso II directives into national laws; and evaluation of national deficiencies and the extent of muddling through. The empirical part of Dr Bohne's analysis draws on 138 expert interviews with public and private actors, a survey of 178 public authorities, and document analyses of selected industrial permits and environmental impact statements. His comparative analysis of procedural, organizational, and substantive integration makes it possible to identify and compare national accomplishments in regulatory integration, and offers new insights into the effectiveness and limits of EC law. The study concludes with a discussion of the implications of the findings for European governance and better regulation after the enlargement of the EU. This thoroughly researched, rigorous, and insightful study will be of great interest and value to policymakers, regulators, business people, environmental NGOs, consultants, and lawyers, as well as to students of environmental policies and European governance.

This edition includes material on environmentalism and the law, international environmental law, access to environmental justice, noise pollution and new legislation on pollution prevention and new case law.