This book is the third volume in the European Environmental Law Forum (EELF) book series. The EELF is a non-profit initiative of environmental law scholars and practitioners from across Europe aiming to support intellectual exchange on the development and implementation of international, European and national environmental law in Europe. One of the activities of the EELF is an annual conference. This book is comprised of fifteen contributions presented at the Third EELF Conference in Aix-en-Provence, hosted by the Central European Research Infrastructure Consortium, at Aix-Marseille University, September 2015. The central topic of the book is the effectiveness of environmental law. The impressive development in environmental law has not always been matched by corresponding improvements in environmental quality. The threats to our environment and, by extension, to our health have never been so numerous or serious. But paradoxically, the effectiveness of environmental law has been a long-neglected issue. This book offers a fruitful and stimulating dialogue between practitioners and academics, from varied countries and varied fields, combining empirical and theoretical approaches. The contributions go from classical-but still necessary-tools (control, criminal, administrative, civil sanctions, liability rules, strengthening of the regulatory structure, and the role of judges), to more innovative ones (public participation, effectiveness of instrument mixes, collaborative governance, hybrid governance, and private environmental enforcement). (Series: European Environmental Law Forum, Vol. 3) Subject: Environmental Law, European Law]

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 i

The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.

Because environmental problems do not respect borders, their solutions often require international cooperation and agreements. The contributors to this book examine how international environmental agreements are put into practice. Their main concern is effectiveness -- the degree to which such agreements lead to changes in behavior that help to solve environmental problems. Their focus is on implementation -- the process that turns commitments into action, at both domestic and international levels. Implementation is the key to effectiveness because these agreements aim to constrain not just governments but a wide array of actors, including individuals, firms, and agencies whose behavior does not change simply because governments have made international commitments. The book is divided into two parts. Part I looks at international systems for implementation review, through which parties share information, review performance, handle noncompliance, and adjust commitments. Part II looks at implementation at the national level, with particular attention to participation by governmental and nongovernmental actors and to problems in states with economies in transition. The book includes fourteen case studies that cover eight major areas of international environmental regulation: conservation and preservation of fauna and flora, stratospheric ozone depletion, pollution in the Baltic Sea, pollution in the North Sea, trade in hazardous chemicals and pesticides, air pollution in Europe, whaling, and marine dumping of nuclear waste. ContributorsSteinar Andresen, Juan Carlos di Primio, Owen Greene, Ronnie Hjorth, Vladimir Kotov, John Lanchbery, Elena Nikitina, Kal Raustiala, Alexei Roginko, Jon Birger Skj�rseth, Eugene B. Skolnikoff, Olav Schram Stokke, David G. Victor, J�rgen Wettestad.Copublished with theInternational Institute for Applied Systems Analysis

This anthology discusses important issues surrounding environmental law and economics and provides an in-depth analysis of its use in legislation, regulation and legal adjudication from a neoclassical and behavioural law and economics perspective. Environmental issues raise a vast range of legal questions: to what extent is it justifiable to rely on markets and continued technological innovation, especially as it relates to present exploitation of scarce resources? Or is it necessary for the state to intervene? Regulatory instruments are available to create and maintain a more sustainable society: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, etc. If regulation in a certain legal field is necessary, which policies and methods will most effectively spur sustainable consumption and production in order to protect the environment while mitigating any potential negative impact on economic development? Since the related problems are often caused by scarcity of resources, economic analysis of law can offer remarkable insights for their resolution. Part I underlines the foundations of environmental law and economics. Part II analyses the effectiveness of economic instruments and regulations in environmental law. Part III is dedicated to the problems of climate change. Finally, Part IV focuses on tort and criminal law. The twenty-one chapters in this volume deliver insights into the multifaceted debate surrounding the use of economic instruments in environmental regulation in Europe.

Featuring an original introduction by the editors, this important collection of essays explores the main issues surrounding the regulation of the environment. The expert contributors illustrate that regulating the environment in the UK is conceptually complex, involves a diverse range of institutions, techniques and methodologies and crosses geographical and national boundaries. In the USA it is more formalised, juridical, adversarial and formally dependent upon legal rules. The articles highlight the fact that despite differences in the UK and the USA's regulatory styles, environmental regulation today has much in common with both traditions.

This is a detailed analysis of the rules and future trends of the law and policy for the protection of environment and natural resources, examining the current international environmental legislation and court decisions as well as various policymaking instruments.