Environmental Law and Economics

2017 ◽  
pp. 508-542 ◽  
Author(s):  
Michael A. Livermore ◽  
Richard L. Revesz
Keyword(s):  
Environmental Policy ◽  
Policy Making ◽  
Law And Economics ◽  
Environmental Law ◽  
Policy Decision ◽  
The United States ◽  
Decision Makers ◽  
Instrument Choice ◽  
Regulatory Instruments ◽  
Recent Developments

This chapter begins with a brief general overview of the economics of environmental law. It then focuses on recent developments in the field of environmental law and economics, with an emphasis on the experience of the United States. When setting environmental policy, decision makers must address two general types of questions. The first concerns the ends of environmental policy, and examines the socially desirable level of environmental quality. The second type of question concerns the means of policy making and focuses on the types of regulatory instruments that will be used and the allocation of responsibility between governmental actors. Section 2 addresses the first type of question concerning the goals of environmental policy. Sections 3 and 4 address the means of environmental policy, focusing on instrument choice and jurisdictional allocation, respectively.

Instrument Choice

2008 ◽  
Author(s):  
Richard B. Stewart
Keyword(s):  
Environmental Regulation ◽  
Environmental Governance ◽  
Environmental Law ◽  
International Environmental Agreements ◽  
Positive Theory ◽  
Instrument Choice ◽  
Control Regulation ◽  
Regulatory Instruments ◽  
And Performance ◽  
And Control

This article examines the different types of environmental regulatory instruments and their role in international environmental regulation. Environmental regulatory instruments are designed to implement public norms of environmental protection, and redress the limitations of private law, market ordering, and criminal law in securing appropriate behavioural changes on the part of these actors. The article looks at command and control regulation, economic instruments, information-based approaches, and hybrid regulatory approaches. It then focuses on the characteristics and performance of different environmental regulatory instruments, environmental regulatory instrument choice in the domestic context, environmental regulatory instrument choice in the international context, distinctive characteristics of international environmental regulation, international regulatory instruments governing interactions among states, domestic regulatory instruments to implement international environmental agreements, international agreements that do not specify domestic implementing instruments, functional characteristics and performance of different instruments, positive theory regarding instrument choice, environmental governance issues, and the evolution of international environmental law.

Public Policy Making and Public Policy Analysis

2017 ◽  
Author(s):  
Lee S. Friedman
Keyword(s):  
United States ◽  
Public Policy ◽  
Policy Analysis ◽  
Policy Making ◽  
The United States ◽  
Decision Makers ◽  
Policy Makers ◽  
Public Policy Analysis ◽  
Professional Class ◽  
The Many

This chapter reviews the development and growth of the policy-analytic profession. Historically, government decision makers have often called upon those with expertise to assist them in reaching their decisions. This chapter, however, concerns a new professional class of advisors that began developing during the 1950s in the United States. This new profession assists policy makers in understanding better their alternatives and relevant considerations for choosing among them. From here, the chapter offers some perspective on the research to date that has attempted to assess the effects of the profession—a perspective that emphasizes some important differences across the many types of governmental settings that utilize policy analysis, and the methodological difficulties that assessment efforts confront.

State and Local Opportunities in Environmental Policy: Cleaning up the Potomac and Anacostia Rivers

1997 ◽  
Vol 2 (2) ◽  
pp. 159-170 ◽  
Author(s):  
Troy D. Abel ◽  
J. Thomas Hennessey
Keyword(s):  
Environmental Policy ◽  
Local Governments ◽  
The United States ◽  
Public And Private ◽  
Policy Issues ◽  
Private Organizations ◽  
Recent Developments ◽  
State And Local Government ◽  
State And Local ◽  
National Environmental

Since 1970, much of state and local activity in environmental protection involved implementing or enforcing national mandates. Recent developments in the United States suggest that some subnational jurisdictions have taken and are taking significant steps to address local environmental problems within, and beyond, national mandates. This suggests that there may be opportunities for state and local governments to address emerging local environmental policy issues. With any opportunity to address emerging local environmental policy issues is the question, Can state and local governments effectively implement new strategies to address emerging environmental issues? This article examines two cases where state and local governments have taken and are taking a prominent role in addressing water quality problems. The cases, although different in time and focus, argue that state and local governments can, and have, provided leadership on such issues. Much of the early effort to push for national environmental mandates was based on the assumption that state and local governments were incapable of addressing the environmental challenges facing them. The two cases presented in this article suggest that more than national mandates are required to overcome local limits. Among the required components for successful state and local government efforts suggested by these cases are experimentation, innovative combinations of public and private organizations at the local and state levels, and flexible federal support for local action.

Trends and Perspectives of PRC's Energy Policy Making Institutions and Policies

2009 ◽  
Vol 12 (2) ◽  
pp. 111-124
Author(s):  
Chulwon Lee
Keyword(s):  
Decision Making ◽  
Energy Policy ◽  
Policy Making ◽  
Policy Decision ◽  
Decision Makers ◽  
Policy Debate ◽  
Wide Range ◽  
Policy Decision Making ◽  
Future Direction ◽  
The Impact

The future direction of China's approach to energy policy making is, of course, difficult to predict. This is due not only to the opaque and fragmented nature of Chinese energy policy decision-making, but also to the fact that energy policy is a new topic for China's leaders and the individuals they rely on for advice to master that impinges on the interests of actors throughout the Chinese bureaucracy. The wide range of participants in the energy policy debate indicates that more diversified views on it probably reach the top leadership. The impact of the multiplicity of opinions is two-fold. It can result in more informed decision-making, but it can also delay the process as decision makers must assess a larger number of competing and sometimes contradictory views.

scholarly journals Strategic Regulatory Instruments in Environmental Law of Russia

2020 ◽  
pp. 1671-1678
Author(s):  
Irina O. Krasnova ◽  
Valery N. Vlasenko
Keyword(s):  
Environmental Policy ◽  
Environmental Protection ◽  
Environmental Law ◽  
Environmental Security ◽  
Federal Law ◽  
Legal Nature ◽  
Regulatory Instruments ◽  
Environmental Relationship ◽  
The Moment ◽  
National Environmental

At the moment, there are new types of legal acts emerging in environmental law of Russia. Despite the vague legal nature of the strategic documents, they are gaining relevance in regulating environmental relationship though the regulation by strategic documents has become an uncontrolled and unpredictable process. This article reviews strategic and political documents addressing protection of the environment, environmental security and nature use. It points out the necessity to find their place within the system of environment-related legal acts to build a clear hierarchy in the system, to raise the efficiency of laws and to create a functional enforcement mechanism. The authors suggest two options: to adopt a separate legislative act on the national environmental policy or to introduce a separate chapter into the Federal Law “On Environmental Protection”, or alternatively, to carry out codification of the adopted strategic instruments

scholarly journals What is the impact of patient recruitment on offshoring of clinical trials?

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Maryam Kermanimojarad
Keyword(s):  
Clinical Trials ◽  
Human Subjects ◽  
Policy Decision ◽  
The United States ◽  
Decision Makers ◽  
Related Factors ◽  
Main Driver ◽  
Key Driver ◽  
The Impact ◽  
Insight Into

Abstract The issue of globalization of research is receiving considerable attention due to the increasing number of offshored R&D activities from the United States, Europe, and Japan. This paper explores this phenomenon and provides a model to analyze the factors that will likely contribute to a global transformation of clinical trials. By identifying the main characteristics of clinical trials, I aim to clarify the main driver of the relocation process of clinical research. I reviewed the relevant published articles to address the research questions. The results of this study challenge the traditional thinking of cost-related factors as the major reason for offshoring cilinical trials and show the importance of the recruitment of human subjects in trials. Consequently, this paper suggests that “recruitment crisis” in home country as the main contribution and a key driver to offshore R&D activities, has been underestimated by previous studies. In particular, this study provides policy-decision makers with a new insight into the development issue surrounding the pharmaceutical industry.

Conference report: 5th Lucerne Law and Economics Conference

elni Review ◽  
2016 ◽  
pp. 90-90
Author(s):  
Lynn Gummow
Keyword(s):  
United States ◽  
Law And Economics ◽  
Environmental Law ◽  
Conference Report ◽  
The United States ◽  
Law School ◽  
Environmental Challenges ◽  
The University

This paper reports on the 5th Lucerne Law and Economics Conference that took place at the University of Lucerne, Switzerland on the 15th and 16th of April, 2016. The conference, on the topic of “Environmental Law and Economics”, was organized by Prof. Dr. Klaus Mathis, in partnership with Prof. Bruce Huber from Notre Dame University Law School. With the ever-increasing pressure to tackle environmental challenges, the interest in this conference was substantial, with participants from all over Europe and the United States.

scholarly journals Influencing Holistic Health Policy

2007 ◽  
Vol 7 ◽  
pp. 1544-1552
Author(s):  
Erica Bell
Keyword(s):  
Health Policy ◽  
Social Services ◽  
Policy Making ◽  
Academic Research ◽  
Policy Decision ◽  
Holistic Health ◽  
Decision Makers ◽  
Relevant Research ◽  
Funding Agencies ◽  
Definition Of

Beliefs that health policy-making is an inherently ‘ideological’ or ‘irrational’ process appear to have worked to prevent researchers from developing better understandings of the kind of evidence that does work to influence policy. Without a model of policy-making that positions policy decision-makers as capable of being informed by specific forms of evidence that speak to policy contexts, it is difficult for research to begin to shape health policy. Recent years have seen the development of a research industry that focuses on developing and describing research approaches for shaping health and social services policy. This analysis paper offers a highly selective overview of generic features of policy-relevant research for holistic health. It aims to support efforts to develop better evidence for health policy by exploring elements of the genre of policy-relevant research, particularly as it applies to the challenges of holistic health policy-making. First, it offers a conceptual definition of holistic health policy-making, as well as research evidence for this kind of policy making, identifying some of the generic features of policy-relevant research. Second, it outlines some of the key practices for delivering sound evidence for health policy, in ways that highlight the salient differences between doing research for holistic health policy, and doing academic research in health. The paper concludes with directions for developing better evidence for holistic health policy-making that question the assumptions of quality which often inform elite funding agencies, calling for their diversification.

scholarly journals Dissenting Opinions in Constitutional Courts

2013 ◽  
Vol 14 (8) ◽  
pp. 1345-1371 ◽  
Author(s):  
Katalin Kelemen
Keyword(s):  
Policy Making ◽  
Law And Economics ◽  
The United States ◽  
Extensive Literature ◽  
Costs And Benefits ◽  
Constitutional Courts ◽  
History Of ◽  
Points Of View ◽  
The Relationship

Although long considered alien to the civil law tradition, the publication of separate dissenting or concurring opinions is now permitted by the majority of European constitutional courts, the only exceptions being the Austrian, Belgian, French, Italian, and Luxembourgish constitutional courts. The decades-long history of dissenting opinions in the practice of several European constitutional courts calls for an analysis. While there is an extensive literature in the United States regarding the use of dissenting opinions, comprehensive empirical research is still absent in Europe. American scholars have conducted research from several different points of view. Legal scholars have dealt primarily with the relationship between dissenting opinions and the doctrine of binding precedent, and have tried to solve the problem of the precedential value of plurality decisions, e.g. decisions lacking a reasoning shared by the majority of the judges. Political scientists, for their part, have studied the policy-making role of judges and strategic opinion-writing. Scholars of law and economics have analyzed the costs and benefits of writing separately. Even judges themselves have often expressed their own thoughts in essays or conference speeches on the matter.

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