Compliance and Enforcement in Environmental Law
Toward More Effective Implementation
Published on 31. October 2012
Book
Paperback/Softback
712 pages
978-0-85793-738-4 (ISBN)
Description
Compliance and enforcement are critical elements of assuring that international environmental treaties and domestic environmental laws actually produce desired environmental outcomes. This timely work provides a comprehensive worldwide perspective on how to assure compliance with and enforcement of environmental laws more effectively.
Bringing together both leading academics and environmental professionals from 15 countries, the book addresses a range of key issues including the enforcement of multilateral agreements, compliance strategies and tools, the role of courts and citizens, protection of natural resources, and compliance issues related to economic instruments.
This comprehensive resource will strongly appeal to environmental enforcement professionals working for governments or international organizations, who are seeking new ideas for compliance and enforcement programs. Academics researching environmental law and international affairs will also find this book valuable.
Bringing together both leading academics and environmental professionals from 15 countries, the book addresses a range of key issues including the enforcement of multilateral agreements, compliance strategies and tools, the role of courts and citizens, protection of natural resources, and compliance issues related to economic instruments.
This comprehensive resource will strongly appeal to environmental enforcement professionals working for governments or international organizations, who are seeking new ideas for compliance and enforcement programs. Academics researching environmental law and international affairs will also find this book valuable.
Reviews / Votes
'This is a remarkable collection of essays all focussing on compliance and enforcement in environmental law from different angles. The contributions provide important suggestions for increasing the effectiveness of environmental law and policy and the book will therefore undoubtedly be of great interest to anyone interested in increasing the effectiveness of environmental law.' -- Michael G. Faure, Maastricht University, The Netherlands 'The nations of the world are building the legal rules to stop pollution, protect biodiversity and promote sustainable development. But there is a gap between the rules and their compliance that must be closed if we are to protect the environmental foundation of our prosperity. This important collaboration between IUCN and INECE provides evidence and insights that will help judges, prosecutors, investigators and all who care about the planet, close the compliance gap.' -- Antonio Herman Benjamin, Justice, High Court of Brazil (STJ), Catholic University of Brasilia Law School, INECE and IUCN Commission on Environmental Law 'This volume presents a comprehensive coverage of the challenges in ensuring effective compliance and enforcement in environmental law from the international to the local level. It will make a significant contribution to the growing body of literature in this area and be of interest to practitioners, scholars and administrators alike. The IUCN Academy of Environmental Law is proud to join with Edward Elgar in the publication of this seminal work as the first in a new series based on the annual Colloquia of the Academy.' -- Rob Fowler, University of South AustraliaMore details
Series
Language
English
Place of publication
Cheltenham
United Kingdom
Target group
College/higher education
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
ISBN-13
978-0-85793-738-4 (9780857937384)
Copyright in bibliographic data is held by Nielsen Book Services Limited or its licensors: all rights reserved.
Schweitzer Classification
Persons
Edited by Lee Paddock, Distinguished Professorial Lecturer in Environmental Law, The George Washington University Law School and Senior Advisor, International Network for Environmental Compliance and Enforcement, Environmental Law Institute, US, Du Qun, Research Institute of Environmental Law, Wuhan University, China, Louis J. Kotze, Research Professor, North-West University, South Africa and Senior Professorial Fellow in Earth System Law, University of Lincoln, UK, Kenneth J. Markowitz, Akin Gump, Strauss, Hauer & Feld, LLP, US and Durwood Zaelke, founder and President, Institute for Governance and Sustainable Development (IGSD), US
Content
Contents:
Introduction
Sheila Abed
PART I: COMPLIANCE WITH MULTI-LATERAL ENVIRONMENTAL AGREEMENTS
1. Interlinkages between Multi-Lateral Environmental Agreements: International Compliance Cooperation
Gregory Rose
2. Compliance and Enforcement of International Environmental Conventions in Australia
Zada Lipman
3. The Environmental Jurisprudence of International Tribunals: Does Sustainability Make a Difference?
Klaus Bosselmann
4. Giving the Public a Voice in MEA Compliance Mechanisms
Svitlana Kravchenko
5. Enforcing International Environmental Law through Domestic Law Mechanisms in the United States: Civil Society Initiatives Against Global Warming
Linda A. Malone
PART II: COMPLIANCE AND ENFORCEMENT STRATEGY
6. Doing What's Important: Setting Priorities for Environmental Compliance and Enforcement Programs
Michael M. Stahl
PART III: COMPLIANCE AND ENFORCEMENT TOOLS
7. Organizational Liability for Environmental Crimes in Civil and Common Law Systems
Jeffrey G. Miller and Caroline Justice
8. Federal Civil Environmental Enforcement in the United States: Process, Players, and Priorities
John C. Cruden and Bruce S. Gelber
9. Does Self-Policing Improve Environmental Compliance?
Paul B. Stretesky and Michael J. Lynch
10. Solution to Compensation for Transboundary Pollution Damage: A Case Study on the Songhua River Pollution Accident
Wang Xi, Yang Huaguo and Fu Lu
11. Driving Compliance to and Enforcement of South African Legislation by Means of a Hybrid of 'New' Environmental Governance Instruments
Willemien du Plessis and Johan Nel
PART IV: ROLE OF THE COURTS
12. Lowering Barriers to Judicial Enforcement: Civil Procedure and Environmental Ethics
Heather McLeod-Kilmurray
13. Principled Sentencing for Environmental Offences
Brian J. Preston
PART V: ROLE OF LOCAL GOVERNMENT
14. Improving Environmental Protection in China: The Role of Green GDP in Encouraging Local Government Heads to Implement Environmental Law
Na Li
15. Environmental Compliance and Enforcement Measures: Opportunities and Challenges of Local Authorities in South Africa
Anel du Plessis
PART VI: ECONOMICS AND ECONOMIC INSTRUMENTS
16. The Enforcement of Greenhouse Gas Emissions Trading in Europe: Reliability Ensured?
Marjan Peeters
17. Globalization and the Evolution of Environmental Governance in China's Socialist Market Economy
Kishan Khoday
PART VII: RESOURCE PROTECTION
18. Enforcement Against Illegal Logging in the Brazilian Amazon
Brenda Brito and Paulo Barreto
19. Judicial Enforcement of Liabilities and Responsibilities for Pollution Prevention and Remediation: No more 'Business as Usual' for South African Mines
Louis J. Kotze
20. Legislation for Sustainable Forest Management in the Central African Sub-Region: What Prospects for Effective Implementation?
Christopher F. Tamasang
21. An Assessment of Marine Environmental Compliance and Enforcement in the Pacific Islands Region
Pio E. Manoa and Yoli Tomtavala
22. The Recognition and Enforcement of Indigenous Customary Law in Environmental Regimes and Natural Resource Management
Donna Craig and Michael I. Jeffery
PART VIII: CITIZEN SUITS AND PUBLIC INVOLVEMENT
23. Public Interest Litigation as a Mechanism for Enforcing Environmental Rights and Duties in Uganda
Emmanuel Kasimbazi
22. Legislation, Citizens' Rights, and the Self-Determination of a Developing Country: A Papua New Guinean Case Study
Mary A. Kaidonis and Natalie P. Stoianoff
23. Environmental Public Participation in China: A New Force for Environmental Law Compliance and Enforcement?
Qun Du
24. The Role of Local Communities in Environmental and Natural Resources Management: The Case of Kenya
Albert Mumma
PART IX: CORPORATE REPORTING
25. Compliance and Enforcement Related to Mandatory Corporate Reporting Requirements: Is There a Future?
Karen Bubna-Litic
Index
Introduction
Sheila Abed
PART I: COMPLIANCE WITH MULTI-LATERAL ENVIRONMENTAL AGREEMENTS
1. Interlinkages between Multi-Lateral Environmental Agreements: International Compliance Cooperation
Gregory Rose
2. Compliance and Enforcement of International Environmental Conventions in Australia
Zada Lipman
3. The Environmental Jurisprudence of International Tribunals: Does Sustainability Make a Difference?
Klaus Bosselmann
4. Giving the Public a Voice in MEA Compliance Mechanisms
Svitlana Kravchenko
5. Enforcing International Environmental Law through Domestic Law Mechanisms in the United States: Civil Society Initiatives Against Global Warming
Linda A. Malone
PART II: COMPLIANCE AND ENFORCEMENT STRATEGY
6. Doing What's Important: Setting Priorities for Environmental Compliance and Enforcement Programs
Michael M. Stahl
PART III: COMPLIANCE AND ENFORCEMENT TOOLS
7. Organizational Liability for Environmental Crimes in Civil and Common Law Systems
Jeffrey G. Miller and Caroline Justice
8. Federal Civil Environmental Enforcement in the United States: Process, Players, and Priorities
John C. Cruden and Bruce S. Gelber
9. Does Self-Policing Improve Environmental Compliance?
Paul B. Stretesky and Michael J. Lynch
10. Solution to Compensation for Transboundary Pollution Damage: A Case Study on the Songhua River Pollution Accident
Wang Xi, Yang Huaguo and Fu Lu
11. Driving Compliance to and Enforcement of South African Legislation by Means of a Hybrid of 'New' Environmental Governance Instruments
Willemien du Plessis and Johan Nel
PART IV: ROLE OF THE COURTS
12. Lowering Barriers to Judicial Enforcement: Civil Procedure and Environmental Ethics
Heather McLeod-Kilmurray
13. Principled Sentencing for Environmental Offences
Brian J. Preston
PART V: ROLE OF LOCAL GOVERNMENT
14. Improving Environmental Protection in China: The Role of Green GDP in Encouraging Local Government Heads to Implement Environmental Law
Na Li
15. Environmental Compliance and Enforcement Measures: Opportunities and Challenges of Local Authorities in South Africa
Anel du Plessis
PART VI: ECONOMICS AND ECONOMIC INSTRUMENTS
16. The Enforcement of Greenhouse Gas Emissions Trading in Europe: Reliability Ensured?
Marjan Peeters
17. Globalization and the Evolution of Environmental Governance in China's Socialist Market Economy
Kishan Khoday
PART VII: RESOURCE PROTECTION
18. Enforcement Against Illegal Logging in the Brazilian Amazon
Brenda Brito and Paulo Barreto
19. Judicial Enforcement of Liabilities and Responsibilities for Pollution Prevention and Remediation: No more 'Business as Usual' for South African Mines
Louis J. Kotze
20. Legislation for Sustainable Forest Management in the Central African Sub-Region: What Prospects for Effective Implementation?
Christopher F. Tamasang
21. An Assessment of Marine Environmental Compliance and Enforcement in the Pacific Islands Region
Pio E. Manoa and Yoli Tomtavala
22. The Recognition and Enforcement of Indigenous Customary Law in Environmental Regimes and Natural Resource Management
Donna Craig and Michael I. Jeffery
PART VIII: CITIZEN SUITS AND PUBLIC INVOLVEMENT
23. Public Interest Litigation as a Mechanism for Enforcing Environmental Rights and Duties in Uganda
Emmanuel Kasimbazi
22. Legislation, Citizens' Rights, and the Self-Determination of a Developing Country: A Papua New Guinean Case Study
Mary A. Kaidonis and Natalie P. Stoianoff
23. Environmental Public Participation in China: A New Force for Environmental Law Compliance and Enforcement?
Qun Du
24. The Role of Local Communities in Environmental and Natural Resources Management: The Case of Kenya
Albert Mumma
PART IX: CORPORATE REPORTING
25. Compliance and Enforcement Related to Mandatory Corporate Reporting Requirements: Is There a Future?
Karen Bubna-Litic
Index