Overview

This book aims to provide a comprehensive picture of UK and EC pollution regulation. Although written by a lawyer,it adopts an interdisciplinary approach to regulation, which seeks to move beyond the sociological and economic frameworks within which pollution regulation has typically been analysed in the UK. The UK and EC regulatory systems are examined within the context of ‘regulatory federalism’. The aim of this is to explore how and why regulatory decisions concerning pollution are taken at different levels of a federal regulatory hierarchy. The book begins with a discussion of the essentials of pollution regulation, including traditional economic justifications for regulation and non-economic ones based on environmental ethics. It goes on to examine subsidiarity and the appropriate level for regulation – a particularly topical issue in the light of recent devolution within the UK. Models of regulatory decision-making are then addressed, comparing the rigours of ‘ecologism’ with the cost-benefit based alternative of ‘economism’ and the more participatory style of ‘republicanism’. Other chapters include a comparison of the various regulatory techniques in terms of the values of accountability, equality, certainty, efficiency and effectiveness, and an examination of regulatory enforcement, covering issues such as accountability for enforcement decisions, corporate liability, strict liability and a critical analysis of the so-called ‘co-operative’ approach. CONTENTS 1 Regulatory Essentials 2 Privatisation, Liberalisation and Deregulation 3 Choosing the Level: Regulation and Federalism 4 The Institutional Legitimacy of Pollution Regulation 5 Deciding Regulatory Goals 6 Regulatory Techniques 7 Enforcement I: Enforcing National Command-and-control 8 Enforcement II: Enforcing EC Regulation, and Alternative Instruments 9 Pollution Regulation and Growth

Full Product Details

Author:   Christopher J Hilson
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 15.60cm , Height: 2.20cm , Length: 23.40cm
Weight:   0.560kg
ISBN:  

9781841130941

ISBN 10:   184113094
Pages:   288
Publication Date:   26 May 2000
Audience:   College/higher education ,  Undergraduate
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

Regulatory essentials - what is regulation?, why regulate?, who regulates?; privatisation, liberalisation and deregulations - privatisation, liberalisation, deregulation; choosing the level - regulation and federalism - the theoretical case for federal regulation, practice in the EU and UK, devolution in the UK; the institutional legitimacy of pollution regulations - legitimacy of the institutional arrangements for pollution regulation in the UK, legitimacy of the institutional arrangements for pollution, regulation in the EC, accountability; deciding regulatory goals - models of decision-making, UK and EC law and policy, conclusion; regulatory techniques - introduction, command-and-control, economic regulatory instruments, voluntary mechanisms, cost-effectiveness, equality, equity, effectiveness, certainty, conclusion; enforcement I - enforcing national command-and-control regulation - criminal offences, strict liability, cause, knowingly cause and knowingly permit, corporate liability, liability of employees, liability of directors, monitoring, enforcement tools, styles and approaches, descriptive explanations for the co-operative approach, normative arguments for the co-operative approach, enforcement policies, accountability for enforcement decisions; enforcement II - enforcing EC regulation and alternative instruments - enforcing EC regulations, enforcing alternative instruments; pollution regulation and growth - debates over growth, sustainable consumption, instruments for tackling A and P, conclusion.

Reviews

The breadth of reading is impressive, as was the mastery of many of the arguments of the academic literature and the clarity of the presentation. Damian Chalmers Public Law June 2002 A thorough review of methods for delegating state control, he makes it clear that different theories target different ends and processes. Hilsons review of the issues will be useful. Joel D. Wolfe British Politics Group Newsletter June 2002

Author Information

Chris Hilson is Professor of Law at The University of Reading.

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