Overview

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 instruments for environmental governance.A growing number of organisations including the IUCN, UNEP and the Organisation of American States have voiced concerns that legal instruments that were developed to pursue more convincing environmental governance over the last 40 years are not creating a sufficiently potent system of environmental governance. In response to this challenge, this timely book explores how to bridge the significant implementation gap between the objectives of environmental law and the real-world outcomes of its application. Expert contributors discuss different forms of law, from international conventions down to inter-parties agreements, and non-government codes and standards. The overarching discussion highlights the diverse factors that impact upon implementing environmental law in practice, and considers the limitations and opportunities for constructive innovation in legal governance. This book is a comprehensive reference point for scholars and policy-makers, shedding light on how to achieve significant improvements in the effective application of environmental law. Contributors: R. Bartel, A.K. Butzel, J. de L. De Cendra, D. Craig, M. Doelle, J. Gooch, W. Gumley, C. Holley, T. Howard, A. Kennedy, W. Lahey, A. Lawson, E. Lees, P. Martin, M. Masterton, P. Noble, R.L. Ottinger, O.R. Owina, L. Paddock, J.L. Parker, W. Pianpian, G. Pink, A. Rieu-Clarke, N.A. Robinson, G. Rose, T.L Rucinski, S. Teles Da Silva, R.R. Valova, X. Wang, M.E. Wieder, W. Xi

Full Product Details

Author:   Paul Martin ,  Amanda Kennedy
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781783479306

ISBN 10:   1783479302
Pages:   384
Publication Date:   24 February 2017
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

Contents: Introduction: A Jurisprudence of Environmental Governance? Paul Martin and Amanda Kennedy 1. Accelerating the Evolution of Environmental Law through Continuous Learning from Applied Experience Paul Martin and Donna Craig 2. Assessing Environmental Governance of the Hudson River Valley: Application of an IPPEP Model Wang Xi, Richard L. Ottinger, Nicholas A. Robinson, Albert K. Butzel, Marla E. Wieder, John Louis Parker, Taryn L. Rucinski, Radina R. Valova and Wang Pianpian 3. Putting the Train of Environmental Protection on Track: Nova Scotia's Experiment in Using Legislation to Strengthen Environmental Law Meinhard Doelle and William Lahey 4. Has Environmental Impact Assessment (EIA) Lost Credibility? Recent Concerns from Australia and Canada Wayne Gumley 5. Contamination and the Polluter Pays Principle Emma Lees 6. Possible Legal Obligations to Consult Tanya Howard and Solange Teles Da Silva 7. Implementing International Water Agreements Alistair Rieu-Clarke and Josefin Gooch 8. Fouling Adam's Eden: A Legal Analysis of the Collective Action Challenge in Lake Victoria Omondi Robert Owino 9. Marine Protection Treaties in Antarctic Waters: Fragmentation or Coordination in International Treaty Implementation Gregory Rose 10. The Effectiveness of Instrument Mixes in Environmental Law: Insights from Ship-source Pollution Javier de Cendra 11. Implementing Environmental Law and Collaborative Governance Cameron Holley and Andrew Lawson 12. Private Environmental Enforcement: Using Supply Chain Requirements to Achieve Better Environmental Outcomes LeRoy Paddock and Molly Masterton 13. Hybrid Governance and 'Wicked' Natural Resource Risks Paul Martin and Peter Noble 14. Regulators Networks: Collaborative Agency Approaches to the Implementation and Enforcement of Environmental Law Grant Pink and Robyn Bartel Index

Reviews

'The effective implementation as distinct from the enforcement of environmental laws depends upon a range of discrete factors. These include institutional, cultural, social, economic, political as well as traditional legal influences and perspectives. This series of essays explains and analyses the theoretical underpinnings of the relationship between all of these factors and the methodology appropriate to determining in practice whether environmental laws are being implemented so that their objectives are being achieved. This involves a review of the growing theoretical literature and a discussion of a significant number of examples, international, regional, national and local, which assess the extent of effective implementation of the relevant legal rules. The strength of these essays is two fold: the depth of the theoretical discourse and the breadth of the indicative practical examples. These essays will add considerable grist to the intellectual mill of those interested in the perception of environmental governance as an emerging global system.' -- Douglas Fisher, Queensland University of Technology, Australia

Author Information

Edited by Paul Martin, Director of the Australian Centre for Agriculture and Law, University of New England, Australia, and co-chair of the IUCN Academy of Environmental Law Research Committee and Amanda Kennedy, Professor of Law, Faculty of Law, Queensland University of Technology, Australia

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