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Private Regulation On The Environment
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Book Synopsis Private Regulation and Enforcement in the EU by : Madeleine de Cock Buning
Download or read book Private Regulation and Enforcement in the EU written by Madeleine de Cock Buning and published by Bloomsbury Publishing. This book was released on 2020-06-25 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalisation and technological innovation have been fuelling the need for increasing levels of trust in private actors, such as companies or special interest groups, to regulate and enforce significant aspects of people's daily lives: from environmental and social protection to the areas of food safety, advertising and financial markets. This book investigates the trust vested in private actors from the perspective of European citizens. It answers the question of whether private actors live up to citizens' expectations or whether more should be done as to the safeguarding of citizens' interests. Several cross-cutting studies explore how private regulation and enforcement are embedded in EU law. The book offers an innovative approach to private regulation and enforcement by focusing on the specific EU context which, unlike the national and transnational ones, has not yet been widely explored. This context merits a stand-alone analysis because of the unique normative framework of the EU, as a particular polity itself but also in relation to its Member States. With an overall analysis of the main aspects of private regulation and enforcement across different policy fields of the EU, the book adds a missing tile to the mosaic of public–private governance studies.
Book Synopsis Rethinking Private Authority by : Jessica F. Green
Download or read book Rethinking Private Authority written by Jessica F. Green and published by Princeton University Press. This book was released on 2013-12-22 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking Private Authority examines the role of non-state actors in global environmental politics, arguing that a fuller understanding of their role requires a new way of conceptualizing private authority. Jessica Green identifies two distinct forms of private authority--one in which states delegate authority to private actors, and another in which entrepreneurial actors generate their own rules, persuading others to adopt them. Drawing on a wealth of empirical evidence spanning a century of environmental rule making, Green shows how the delegation of authority to private actors has played a small but consistent role in multilateral environmental agreements over the past fifty years, largely in the area of treaty implementation. This contrasts with entrepreneurial authority, where most private environmental rules have been created in the past two decades. Green traces how this dynamic and fast-growing form of private authority is becoming increasingly common in areas ranging from organic food to green building practices to sustainable tourism. She persuasively argues that the configuration of state preferences and the existing institutional landscape are paramount to explaining why private authority emerges and assumes the form that it does. In-depth cases on climate change provide evidence for her arguments. Groundbreaking in scope, Rethinking Private Authority demonstrates that authority in world politics is diffused across multiple levels and diverse actors, and it offers a more complete picture of how private actors are helping to shape our response to today's most pressing environmental problems.
Book Synopsis Private Property Rights and the Environment by : Shelly Hiller Marguerat
Download or read book Private Property Rights and the Environment written by Shelly Hiller Marguerat and published by Springer. This book was released on 2018-11-11 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the current notion and definition of property, and its interpretation and implementation in relation to the environment. The author examines two primary problems: the degradation of land, natural resources and animal abuse; and the increasing erosion of private property rights from property owners by the arbitrary interference of state governments. Examining texts from antiquity to contemporary legislation, it portrays the historical development of the understanding of “nature” as “property” and discusses our obligations towards the environment. Drawing on the most influential political-philosophical texts from all periods of property rights history, the author analyzes modern national and international legislation and case law to offer legally-grounded evidence and explanations. This book advocates the incorporation of a formula that guarantees the protection of property rights into the legal system, and imposes clear and effective responsibility on property owners to limit the use of natural resources and the abuse of animals. This book will appeal to practitioners, researchers and students with an interest in environmental and private property law.
Book Synopsis Liability and Environment by : Lucas Bergkamp
Download or read book Liability and Environment written by Lucas Bergkamp and published by BRILL. This book was released on 2021-12-06 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liability and Environment analyzes the role of law, in particular civil liability, in controlling environmental pollution and risk. In modern environmental policy, liability has become a popular instrument. In this book, Prof. Bergkamp takes a fresh look at civil liability for environmental harm in an inter- and transnational context. Over the last decade, industry's liability exposure for environmental harm has expanded significantly. At the international, EC, and national level proposals for onerous strict environmental liability regimes are pending. The `polluter pays principle', which is an articulation of the `cost internalization' theory in the environmental area, is believed to justify such liability regimes. Applying an instrumental approach to legal instruments, Prof. Bergkamp aims to redefine the role of liability in the heavily regulated environmental area. He shows that liability for environmental harm is not justified by the polluter pays principle, is an uncertain and unreliable instrument for achieving prevention, results in an inefficient insurance scheme, and plays a dubious role in adjusting activity levels. Based on an analysis of the basic characteristics of alternative legal instruments, Prof. Bergkamp concludes that civil liability should play a more modest, limited role in an environmental law system dominated by public law. Where deterrence is not the objective, first party insurance, compensation funds, or other public law regimes should be preferred over liability rules. In addition to civil liability of private parties, Liability and Environment discusses State liability under international, EC, and national law. Under international law, breach of a primary obligation triggers a State's liability. Prof. Bergkamp argues that this rule should be applied also to liability of private parties. In the environmental area, a business' primary obligations are spelled out in detailed permit conditions, regulations, and statutes. According to Prof. Bergkamp, only if a primary obligation is breached, a private person should be liable for environmental harm. The system that Bergkamp advocates is an objective fault liability regime, in which public environmental law defines the standard of care for both government and industry. "In rebuilding our civil liability system, we should keep in mind that what is good for industry should be good for everyone (or it is not good for anyone), we should keep in mind that what is good for private parties should be good for the state (or it is not good for either). In rebuilding our civil liability system, the international law of State responsibility, which is unpolluted by risk spreading and activity level considerations, will guide us a long way." This book is aimed at advanced law students, academic scholars, and practitioners. In addition, it will be of interest to policy and legislative analysts, legislators, and government officials. Professor Bergkamp's book cannot be described as "solving" the problems of legal and regulatory control of environmental harm, whether within a nation or internationally. As suggested before, however, the very idea of a "solution" is illusory. All legal and regulatory regimes around the world are today and will remain for the future in a state of perpetually continuing development. The virtue of this fine book is that it moves the process of that development forward by a very substantial measure. from the Foreword by George L. Priest.
Book Synopsis Co-operative Environmental Governance by : P. Glasbergen
Download or read book Co-operative Environmental Governance written by P. Glasbergen and published by Springer Science & Business Media. This book was released on 1998-06-30 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: The common denominator of modern environmental governance is co-operation between public and private parties. Of course, co-operation is nothing new in itself. The novelty lies in its planned form. In co-operative environmental governance the parties commit themselves, through a more or less binding agreement, to resolve specific environmental difficulties. When co-operation is embedded in environmental policy, it becomes a means to achieve the environmental objectives of the state. The essays which make up this volume explore this new option in environmental governance: the nature of the approach, the preconditions and its chances of success. They take an interdisciplinary approach to the task, analyzing theoretical issues and practical experiences in a number of countries.
Book Synopsis Regulating from the Inside by : Cary Coglianese
Download or read book Regulating from the Inside written by Cary Coglianese and published by Resources for the Future. This book was released on 2001 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.
Book Synopsis The Oxford Handbook of Comparative Environmental Law by : Emma Lees
Download or read book The Oxford Handbook of Comparative Environmental Law written by Emma Lees and published by Oxford University Press. This book was released on 2019-04-25 with total page 1316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook is the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries from four vantage points: country studies from all continents, responses to common problems (including air pollution, water management, nature conservation, genetically modified organisms, climate change and energy, chemicals, waste), foundational components of environmental law systems (including principles, property rights, administrative and judicial organisation, command-and-control regulation, market mechanisms, informational techniques and liability mechanisms), and common interactions of environmental protection with the broader public, private, and criminal law contexts. The volume brings together the foremost authorities in this field from around the world to provide a concise, self-contained, and technically rigorous account of environmental law as a single overall system.
Book Synopsis Does Regulation Kill Jobs? by : Cary Coglianese
Download or read book Does Regulation Kill Jobs? written by Cary Coglianese and published by University of Pennsylvania Press. This book was released on 2014-01-06 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: As millions of Americans struggle to find work in the wake of the Great Recession, politicians from both parties look to regulation in search of an economic cure. Some claim that burdensome regulations undermine private sector competitiveness and job growth, while others argue that tough new regulations actually create jobs at the same time that they provide other benefits. Does Regulation Kill Jobs? reveals the complex reality of regulation that supports neither partisan view. Leading legal scholars, economists, political scientists, and policy analysts show that individual regulations can at times induce employment shifts across firms, sectors, and regions—but regulation overall is neither a prime job killer nor a key job creator. The challenge for policymakers is to look carefully at individual regulatory proposals to discern any job shifting they may cause and then to make regulatory decisions sensitive to anticipated employment effects. Drawing on their analyses, contributors recommend methods for obtaining better estimates of job impacts when evaluating regulatory costs and benefits. They also assess possible ways of reforming regulatory institutions and processes to take better account of employment effects in policy decision-making. Does Regulation Kills Jobs? tackles what has become a heated partisan issue with exactly the kind of careful analysis policymakers need in order to make better policy decisions, providing insights that will benefit both politicians and citizens who seek economic growth as well as the protection of public health and safety, financial security, environmental sustainability, and other civic goals. Contributors: Matthew D. Adler, Joseph E. Aldy, Christopher Carrigan, Cary Coglianese, E. Donald Elliott, Rolf Färe, Ann Ferris, Adam M. Finkel, Wayne B. Gray, Shawna Grosskopf, Michael A. Livermore, Brian F. Mannix, Jonathan S. Masur, Al McGartland, Richard Morgenstern, Carl A. Pasurka, Jr., William A. Pizer, Eric A. Posner, Lisa A. Robinson, Jason A. Schwartz, Ronald J. Shadbegian, Stuart Shapiro.
Book Synopsis Conservation Covenants by : Great Britain. Law Commission
Download or read book Conservation Covenants written by Great Britain. Law Commission and published by Stationery Office/Tso. This book was released on 2014 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this report, the Law Commission make recommendations for the introduction of a new statutory scheme of conservation covenants in England and Wales. The recommendations to introduce such a scheme would create a new legal tool, enabling landowners to protect land in order to conserve and restore our natural and built environment. Conservation covenants would allow landowners voluntarily to create binding obligations on their own land to meet a conservation objective, such as preserving woodland, cultivating a particular species of plant or protecting a habitat for an animal, or farming land in a certain way. The proposed statutory scheme would give individual landowners the opportunity, using private agreements, to contribute to conservation efforts being made across England and Wales. The scheme will create a versatile, simple and cost-effective legal tool capable of: unlocking currently missed conservation opportunities by overcoming the legal difficulties faced when creating binding obligations; facilitating better ways to deliver existing conservation objectives; and providing assurance of long-term conservation benefits. The report includes a draft Conservation Covenants Bill, which would introduce the conservation covenant scheme into the law of England and Wales.
Book Synopsis Private Regulation and Enforcement in the EU by : Madeleine de Cock Buning
Download or read book Private Regulation and Enforcement in the EU written by Madeleine de Cock Buning and published by Bloomsbury Publishing. This book was released on 2020-06-25 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalisation and technological innovation have been fuelling the need for increasing levels of trust in private actors, such as companies or special interest groups, to regulate and enforce significant aspects of people's daily lives: from environmental and social protection to the areas of food safety, advertising and financial markets. This book investigates the trust vested in private actors from the perspective of European citizens. It answers the question of whether private actors live up to citizens' expectations or whether more should be done as to the safeguarding of citizens' interests. Several cross-cutting studies explore how private regulation and enforcement are embedded in EU law. The book offers an innovative approach to private regulation and enforcement by focusing on the specific EU context which, unlike the national and transnational ones, has not yet been widely explored. This context merits a stand-alone analysis because of the unique normative framework of the EU, as a particular polity itself but also in relation to its Member States. With an overall analysis of the main aspects of private regulation and enforcement across different policy fields of the EU, the book adds a missing tile to the mosaic of public–private governance studies.
Book Synopsis Corporate Social Responsibility and the State by : Jane Lister
Download or read book Corporate Social Responsibility and the State written by Jane Lister and published by UBC Press. This book was released on 2011-05-23 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public concern about worsening global environmental and social conditions has spurred corporate participation in voluntary corporate social responsibility (CSR) programs. Such efforts are promising, but CSR participation has unfolded unevenly across the globe, leading to skepticism about the efficacy of CSR efforts, and to increased pressure on governments to get involved. Corporate Social Responsibility and the State examines CSR governance through the lens of forest certification in Canada, the US, and Sweden. Drawing on more than one hundred interviews with experts, Lister offers revealing new information on CSR governance, ultimately demonstrating the importance of voluntary CSR as a supplement to rather than a substitute for strong state regulation. One of the first studies to directly address the role of the public sector in CSR, this book provides much-needed theoretical and practical guidance for understanding a vital new governance approach to effective social and environmental stewardship.
Book Synopsis Private Governance and Public Authority by : Stefan Renckens
Download or read book Private Governance and Public Authority written by Stefan Renckens and published by Cambridge University Press. This book was released on 2020-04-02 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Develops a new theory of public regulatory interventions in private sustainability governance based on policymaking in the European Union.
Book Synopsis A Public Role for the Private Sector by : Virginia Haufler
Download or read book A Public Role for the Private Sector written by Virginia Haufler and published by Carnegie Endowment. This book was released on 2013-01-25 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasing economic competition combined with the powerful threat of transnational activism are pushing firms to develop new political strategies. Over the past decade a growing number of corporations have adopted policies of industry self-regulation—corporate codes of conduct, social and environmental standards, and auditing and monitoring systems. A Public Role for the Private Sector explores the phenomenon of industry self-regulation through three different cases—environment, labor, and information privacy—where corporate leaders appear to be converging on industry self-regulation as the appropriate response to competing pressures. Political and economic risks, reputational effects, and learning within the business community all influence the adoption of a self-regulatory strategy, but there are wide variations in the strength and character of it across industries and issue areas. Industry self-regulation raises significant questions about the place of the private sector in regulation and governance, and the accountability, legitimacy and power of industry at a time of rapid globalization.
Download or read book Chokepoints written by Natasha Tusikov and published by Univ of California Press. This book was released on 2017 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: In January 2012, millions participated in the now-infamous “Internet blackout” against the Stop Online Piracy Act, protesting the power it would have given intellectual property holders over the Internet. However, while SOPA’s withdrawal was heralded as a victory for an open Internet, a small group of corporations, tacitly backed by the US and other governments, have implemented much of SOPA via a series of secret, handshake agreements. Drawing on extensive interviews, Natasha Tusikov details the emergence of a global regime in which large Internet firms act as regulators for powerful intellectual property owners, challenging fundamental notions of democratic accountability.
Book Synopsis Private Standards and Global Governance by : Axel Marx
Download or read book Private Standards and Global Governance written by Axel Marx and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This book draws out the profound implications and transformational dynamics of multi-level global governance of natural resources, labour standards and particularly food safety. the hybrid private-public governance of these supply chains has in some contexts made large western retailer groups more dominant regulators than states. Yet the new regulatory governance is more pluralistic in its flux than a shift from state to retailer hegemony. Governance by contracts of global sway more than government by statutes of states drives regulatory innovation. Legal entrepreneurs and model mongers of many stripes inspire this innovation. Political theory is yet to come to grips with the significance of the shifts this thoughtful collection ably traces.' – John Braithwaite, Australian National University 'This edited volume represents a major contribution to scholarship on the role of private standards in global governance. It brings together a wealth of important new research written by a distinguished group of scholars. It is noteworthy not only for the breadth and depth of its case-studies, but by its extensive analysis of the legal dimensions of private standard setting and enforcement.' – David Vogel, University of California, Berkeley, US Private regulatory initiatives aim to govern supply chains across the globe according to a set of environmental, food safety and/or social standards. Until now, literature on the topic has been fragmented and divided by research fields. However, this unique and comprehensive book bridges these disciplinary and thematic research lines, bringing together an interdisciplinary group of leading scholars to identify key issues. the expert contributors assess the state-of-the-art with regard to private regulation of food, natural resources and labour conditions. They begin with an introduction to, and discussion of, several leading existing private standards, and go on to assess private food standards and their legitimacy and effectiveness in the context of the global trade regime. This truly multidisciplinary assessment of the scope and importance of private standards as a governance tool in a globalizing world will prove to be an enlightening read for a wide-ranging audience encompassing: academics, students, researchers, policymakers and analysts focusing on private forms of governance in several sectors including economics, law, politics, development, environment and agriculture.
Book Synopsis Wolf and Stanley on Environmental Law by : Susan Wolf
Download or read book Wolf and Stanley on Environmental Law written by Susan Wolf and published by Routledge. This book was released on 2012-10-02 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wolf and Stanley on Environmental Law provides law students, non-law students and professionals, such as Environmental Health Officers, with detailed but accessible coverage of environmental law in England and Wales.
Book Synopsis Harnessing Foreign Investment to Promote Environmental Protection by : Pierre-Marie Dupuy
Download or read book Harnessing Foreign Investment to Promote Environmental Protection written by Pierre-Marie Dupuy and published by Cambridge University Press. This book was released on 2013-03-14 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: Harnessing Foreign Investment to Promote Environmental Protection investigates the main challenges facing the implementation of environmental protection and the synergies between foreign investment and environmental protection. Adopting legal, economic and political perspectives, the contributing authors analyse the various incentives which encourage foreign investment into pro-environment projects (such as funds, project-finance, market mechanisms, payments-for-ecosystem services and insurance) and the safeguards against its potentially harmful effects (investment regulation, CSR and accountability mechanisms, contracts and codes of conduct).
