The Effectiveness Of Environmental Law

This book is the third volume in the European Environmental Law Forum (EELF) book series. The EELF is a non-profit initiative of environmental law scholars and practitioners from across Europe aiming to support intellectual exchange on the development and implementation of international, European and national environmental law in Europe. One of the activities of the EELF is an annual conference. This book is comprised of fifteen contributions presented at the Third EELF Conference in Aix-en-Provence, hosted by the Central European Research Infrastructure Consortium, at Aix-Marseille University, September 2015. The central topic of the book is the effectiveness of environmental law. The impressive development in environmental law has not always been matched by corresponding improvements in environmental quality. The threats to our environment and, by extension, to our health have never been so numerous or serious. But paradoxically, the effectiveness of environmental law has been a long-neglected issue. This book offers a fruitful and stimulating dialogue between practitioners and academics, from varied countries and varied fields, combining empirical and theoretical approaches. The contributions go from classical-but still necessary-tools (control, criminal, administrative, civil sanctions, liability rules, strengthening of the regulatory structure, and the role of judges), to more innovative ones (public participation, effectiveness of instrument mixes, collaborative governance, hybrid governance, and private environmental enforcement). (Series: European Environmental Law Forum, Vol. 3) Subject: Environmental Law, European Law]

This insightful book explores why implementation of environmental law is too often ineffective in achieving effective environmental governance. It provides careful analysis and innovative proposals to help improve the practical effectiveness of legal i

This cutting-edge book invites readers to rethink environmental law and its critical role in ensuring a sustainable future for all. Illustrating narratives of successful developments in environmental law, contributors draw out key lessons and practices for effective reform and highlight opportunities by which we can respond to environmental challenges facing the planet.

This anthology discusses important issues surrounding environmental law and economics and provides an in-depth analysis of its use in legislation, regulation and legal adjudication from a neoclassical and behavioural law and economics perspective. Environmental issues raise a vast range of legal questions: to what extent is it justifiable to rely on markets and continued technological innovation, especially as it relates to present exploitation of scarce resources? Or is it necessary for the state to intervene? Regulatory instruments are available to create and maintain a more sustainable society: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, etc. If regulation in a certain legal field is necessary, which policies and methods will most effectively spur sustainable consumption and production in order to protect the environment while mitigating any potential negative impact on economic development? Since the related problems are often caused by scarcity of resources, economic analysis of law can offer remarkable insights for their resolution. Part I underlines the foundations of environmental law and economics. Part II analyses the effectiveness of economic instruments and regulations in environmental law. Part III is dedicated to the problems of climate change. Finally, Part IV focuses on tort and criminal law. The twenty-one chapters in this volume deliver insights into the multifaceted debate surrounding the use of economic instruments in environmental regulation in Europe.

Written by leading scholars and experts with extensive practice and teaching experience in the field, Comparative and Global Environmental Law and Policy offers a student-friendly approach to the study of a rapidly evolving and important area of law. Its multi-jurisdictional selection of judicial opinions and legal materials introduces students to the worldwide reach of environmental law. Through its substance, the book familiarizes students not only with governing and emerging legal principles but also demonstrates how legal norms are applied to specific issues and contexts, illustrating how law-on-the-books becomes law-in-action. Student understanding is reinforced by problem exercises and discussion questions. Professors and students will benefit from: A multi-jurisdictional selection of environmental law cases and regulatory materials from across the world, with many cases from the developing world and emerging economies. Separate chapters on rapidly evolving and critical topics such as rights of nature, sustainability, corporations and private environmental governance, human rights and the environment, and climate change. Presentation of basic background principles of environmental law, institutions, and governance and their operation in international, national and subnational systems, including indigenous governance systems. Emphasis across the book on issues of institutions and governance as well as enforcement and effectiveness. Judicial opinions providing an authoritative articulation of how legal principles are applied in various systems. Numerous problem exercises and discussion questions to introduce topics and reinforce concepts and materials. Integrated perspective on the relationship of international and transnational environmental law, national environmental law, environmental norms and principles in other settings such as in private environmental governance, and governance institutions.

"Report of the Global Consultation on the Development and Enforcement of International Environmental Law, with a special focus on the Preservation of Biodiversity and the International Environmental Law Conference"--Page opposite title page.

This is a detailed analysis of the rules and future trends of the law and policy for the protection of environment and natural resources, examining the current international environmental legislation and court decisions as well as various policymaking instruments.

"Although environmental laws are rarely able to provide the simple solutions that people want from them, they are essential for the future of our planet. This book explores how legal responses are shaped in response to the problems facing the environment today, and the socio-political conflicts facing environmental legislation."--Publisher's description.