Environmental Contractscomparative Approaches To Regulatory Innovation In The United States And Europe

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Environmental Contracts:Comparative Approaches to Regulatory Innovation in the United States and Europe

Author : Eric W. Orts
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041198210
Total Pages : 466 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Environmental Contracts:Comparative Approaches to Regulatory Innovation in the United States and Europe by : Eric W. Orts

Download or read book Environmental Contracts:Comparative Approaches to Regulatory Innovation in the United States and Europe written by Eric W. Orts and published by Kluwer Law International B.V.. This book was released on 2001-03-20 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Environmental Regulation Through Financial Organisations:Comparative Perspectives on the Industrialised Nations

Author : Benjamin Richardson
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041117350
Total Pages : 418 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Environmental Regulation Through Financial Organisations:Comparative Perspectives on the Industrialised Nations by : Benjamin Richardson

Download or read book Environmental Regulation Through Financial Organisations:Comparative Perspectives on the Industrialised Nations written by Benjamin Richardson and published by Kluwer Law International B.V.. This book was released on 2002-02-13 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Industrial Transformation

Author : Theo J. N. M. de Bruijn
Publisher : MIT Press
ISBN 13 : 9780262541817
Total Pages : 428 pages
Book Rating : 4.5/5 (418 download)

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Book Synopsis Industrial Transformation by : Theo J. N. M. de Bruijn

Download or read book Industrial Transformation written by Theo J. N. M. de Bruijn and published by MIT Press. This book was released on 2005 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative analysis of environmental policy innovations in the United States and Europe that use voluntary, collaborative, and information-based approaches.

Myths and Realities of Business Environmentalism

Author : Kurt A. Strasser
Publisher : Edward Elgar Publishing
ISBN 13 : 0857933183
Total Pages : 211 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Myths and Realities of Business Environmentalism by : Kurt A. Strasser

Download or read book Myths and Realities of Business Environmentalism written by Kurt A. Strasser and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

River Contracts and Integrated Water Management in Europe

Author : Maria Laura Scaduto
Publisher : Springer
ISBN 13 : 3319426281
Total Pages : 122 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis River Contracts and Integrated Water Management in Europe by : Maria Laura Scaduto

Download or read book River Contracts and Integrated Water Management in Europe written by Maria Laura Scaduto and published by Springer. This book was released on 2016-08-08 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Biodiversity Offsets Between Regulation and Voluntary Commitment

Author : Marianne Darbi
Publisher : Springer Nature
ISBN 13 : 3030255948
Total Pages : 363 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Biodiversity Offsets Between Regulation and Voluntary Commitment by : Marianne Darbi

Download or read book Biodiversity Offsets Between Regulation and Voluntary Commitment written by Marianne Darbi and published by Springer Nature. This book was released on 2020-05-20 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Quest for Environmental Regulatory Integration in the European Union

Author : Eberhard Bohne
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041120815
Total Pages : 662 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Quest for Environmental Regulatory Integration in the European Union by : Eberhard Bohne

Download or read book The Quest for Environmental Regulatory Integration in the European Union written by Eberhard Bohne and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Environmental Law

Author : Stuart Bell
Publisher : Oxford University Press
ISBN 13 : 0199583803
Total Pages : 845 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Environmental Law by : Stuart Bell

Download or read book Environmental Law written by Stuart Bell and published by Oxford University Press. This book was released on 2013-05-09 with total page 845 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The New Environmental Regulation

Author : Daniel J. Fiorino
Publisher : MIT Press
ISBN 13 : 0262062569
Total Pages : 305 pages
Book Rating : 4.2/5 (62 download)

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Book Synopsis The New Environmental Regulation by : Daniel J. Fiorino

Download or read book The New Environmental Regulation written by Daniel J. Fiorino and published by MIT Press. This book was released on 2006 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, 2007 Louis Brownlow Award presented by the National Academy of Public Administration (NAPA) and 2006 Best Book in Environmental Management and Policy, American Society for Public Administration. Environmental regulation in the United States has succeeded, to a certain extent, in solving the problems it was designed to address; air, water, and land, are indisputably cleaner and in better condition than they would be without the environmental controls put in place since 1970. But Daniel Fiorino argues in The New Environmental Regulationthat—given recent environmental, economic, and social changes—it is time for a new, more effective model of environmental problem solving. Fiorino provides a comprehensive but concise overview of U.S. environmental regulation—its history, its rationale, and its application—and offers recommendations for a more collaborative, flexible, and performance-based alternative. Traditional environmental regulation was based on the increasingly outdated assumption that environmental protection and business are irreversibly at odds. The new environmental regulation Fiorino describes is based on performance rather than on a narrow definition of compliance and uses such policy instruments as market incentives and performance measurement. It takes into consideration differences in the willingness and capabilities of different firms to meet their environmental obligations, and it encourages innovation by allowing regulated industries, especially the better performers, more flexibility in how they achieve environmental goals. Fiorino points to specific programs—including the 33/50 Program, innovative permitting, and the use of covenants as environmental policy instruments in the Netherlands—that have successfully pioneered these new strategies. By bringing together such a wide range of research and real world examples, Fiorino has created an invaluable resource for practitioners and scholars and an engaging text for environmental policy courses.

Securing Compliance

Author : Karen Yeung
Publisher : Bloomsbury Publishing
ISBN 13 : 1847312500
Total Pages : 306 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Securing Compliance by : Karen Yeung

Download or read book Securing Compliance written by Karen Yeung and published by Bloomsbury Publishing. This book was released on 2004-02-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bargaining, negotiation and civil penalty sanctions together constitute central techniques used by regulators in securing compliance with the law. This book is a timely exploration of these practices, constructing a principled framework for evaluating their legitimacy and thereby drawing into sharper focus the importance of the constitutional principles in regulatory compliance. Although Australian competition law provides the focal point of the book, its analysis and critique is equally applicable to other competition law regimes and to other areas of business regulation. While there are numerous empirical studies of regulatory enforcement, this book introduces a normative dimension to the debate by seeking to identify whether there are certain principled and ethical limits that inform and circumscribe the limits of legitimate enforcement practice. It is likely to be of interest to scholars in the fields of public law, criminology, economics, and regulation, and may also be of considerable assistance to legal practitioners in providing a principled, legal foundation from which to draw in their dealings with regulators.

Forging a Socio-Legal Approach to Environmental Harms

Author : Tiffany Bergin
Publisher : Taylor & Francis
ISBN 13 : 1317386000
Total Pages : 286 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Forging a Socio-Legal Approach to Environmental Harms by : Tiffany Bergin

Download or read book Forging a Socio-Legal Approach to Environmental Harms written by Tiffany Bergin and published by Taylor & Francis. This book was released on 2017-06-14 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental harms exert a significant toll and pose substantial economic costs on societies around the world. Although such harms have been studied from both legal and social science perspectives, these disciplinary-specific approaches are not, on their own, fully able to address the complexity of these environmental challenges. Many legal approaches, for example, are limited by their inattention to the motivations behind environmental offences, whereas many social science approaches are hindered by an insufficient grounding in current legislative frameworks. This edited collection constitutes a pioneering attempt to overcome these limitations by uniting legal and social science perspectives. Together, the book’s contributors forge an innovative socio-legal approach to more effectively respond to, and to prevent, environmental harms around the world. Integrating theoretical and empirical work, the book presents carefully selected illustrations of how legal and social science scholarship can be brought together to improve policies. The various chapters examine how a socio-legal approach can ultimately lead to a more comprehensive understanding of environmental harms, as well as to innovative and effective responses to such environmental offences.

Time and Environmental Law

Author : Benjamin J. Richardson
Publisher : Cambridge University Press
ISBN 13 : 110812741X
Total Pages : 439 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Time and Environmental Law by : Benjamin J. Richardson

Download or read book Time and Environmental Law written by Benjamin J. Richardson and published by Cambridge University Press. This book was released on 2017-08-03 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disciplined by industrial clock time, modern life distances people from nature's biorhythms such as its ecological, evolutionary, and climatic processes. The law is complicit in numerous ways. It compresses time through 'fast-track' legislation and accelerated resource exploitation. It suffers from temporal inertia, such as 'grandfathering' existing activities that limits the law's responsiveness to changing circumstances. Insouciance about past ecological damage, and neglect of its restoration, are equally serious temporal flaws: we cannot live sustainably while Earth remains degraded and unrepaired. Applying international and interdisciplinary perspectives on these issues, Time and Environmental Law explores how to align law with the ecological 'timescape' and enable humankind to 'tell nature's time'. Lending insight into environmental behaviour and impacts, this book pioneers a new understanding of environmental law for all societies, and makes recommendations for its reform. Minding nature, not the clock, requires regenerating Earth, adapting to its changes, and living more slowly.

Transnational Environmental Regulation and Governance

Author : Veerle Heyvaert
Publisher : Cambridge University Press
ISBN 13 : 1108415741
Total Pages : 315 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Transnational Environmental Regulation and Governance by : Veerle Heyvaert

Download or read book Transnational Environmental Regulation and Governance written by Veerle Heyvaert and published by Cambridge University Press. This book was released on 2018-11-22 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to the meaning of environmental regulation in an era of transnational cooperation for sustainability.

Price, Principle, and the Environment

Author : Mark Sagoff
Publisher : Cambridge University Press
ISBN 13 : 9780521545969
Total Pages : 298 pages
Book Rating : 4.5/5 (459 download)

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Book Synopsis Price, Principle, and the Environment by : Mark Sagoff

Download or read book Price, Principle, and the Environment written by Mark Sagoff and published by Cambridge University Press. This book was released on 2004-09-06 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mark Sagoff has written an engaging and provocative book about the contribution economics can make to environmental policy. Sagoff argues that economics can be helpful in designing institutions and processes through which people can settle environmental disputes. However, he contends that economic analysis fails completely when it attempts to attach value to environmental goods. It fails because preference-satisfaction has no relation to any good. Economic valuation lacks data because preferences cannot be observed. Willingness to pay is benchmarked on market price and thus may reflect producer cost not consumer benefit. Moreover, economists cannot second-guess market outcomes because they have no better information than market participants. Mark Sagoff's conclusion is that environmental policy turns on principles that are best identified and applied through political processes. Written with verve and fluency, this book will be eagerly sought out by students and professionals in environmental policy as well as informed general readers.

Market Integration: The EU Experience and Implications for Regulatory Reform in China

Author : Niels Philipsen
Publisher : Springer
ISBN 13 : 3662482738
Total Pages : 317 pages
Book Rating : 4.6/5 (624 download)

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Book Synopsis Market Integration: The EU Experience and Implications for Regulatory Reform in China by : Niels Philipsen

Download or read book Market Integration: The EU Experience and Implications for Regulatory Reform in China written by Niels Philipsen and published by Springer. This book was released on 2015-11-06 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between regulation and market integration, with a special focus on China. It pursues a Law and Economics and Comparative Law approach (China and EU) to analyze the current obstacles to market integration and domestic economic growth in China. Topics covered at the national level include competition law, public procurement rules and financial regulation. At the regional and local level, this book addresses questions related to administrative monopolies, self-regulation, legal services markets, and environmental law.

Environmental Law and Economics

Author : Michael G. Faure
Publisher : Cambridge University Press
ISBN 13 : 1108429483
Total Pages : 397 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Environmental Law and Economics by : Michael G. Faure

Download or read book Environmental Law and Economics written by Michael G. Faure and published by Cambridge University Press. This book was released on 2019-10-10 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed overview of the law-and-economics methodology developed and employed by environmental lawyers and policymakers.

The Balancing of Interests in Environmental Law in Africa

Author : Willemien Du Plessis
Publisher : PULP
ISBN 13 : 1920538054
Total Pages : 698 pages
Book Rating : 4.9/5 (25 download)

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Book Synopsis The Balancing of Interests in Environmental Law in Africa by : Willemien Du Plessis

Download or read book The Balancing of Interests in Environmental Law in Africa written by Willemien Du Plessis and published by PULP. This book was released on 2011 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Now that economic development is starting to pick up in many countries in Africa, the question arises how such development can be balanced with the need for adequate environmental protection. This crucial issue, inherent in the notion of sustainable development, is addressed in this innovative and path-breaking volume. For the first time, academics from seventeen African countries have joined forces to analyse the way in which economic and environmental interests are balanced in their legal systems. The authors all use a common framework to improve the comparability of the country studies. The different country-related chapters do not only provide insights into the formally applicable legal rules (law in the books), but given that the book brings together academics aware of the practice in Africa, they also describe the way in which environmental policy functions in practice (law in action). Many case studies, with conceptual analyses are provided of pollution incidents and the way in which administrative agencies or courts have on those occasions balanced the interests between the economy, society and the environment. A critical comparative analysis by the editors points at tendencies towards convergence and points of divergence between the African countries. Suggestions for policy reform are also formulated, showing African countries how they can benefit from experiences in the US and Europe. This thought provoking volume is a must for anyone (academic, policymaker or practitioner) interested in sustainable development generally and in Africa in particular."--P. [4] of cover.