scholarly journals Law, Governance, and the Ecological Ethos

2015 ◽  
Author(s):  
Daniel Butt
Keyword(s):  
Coercive Force ◽  
Environmental Justice ◽  
Recent Work ◽  
Environmental Governance ◽  
Environmental Law ◽  
Command And Control ◽  
The State ◽  
Popular Participation ◽  
Wide Range ◽  
And Control

This chapter examines the limitations of both command-and-control and market-based legal mechanisms in the pursuit of environmental justice. If the environment is to be protected to at least a minimally acceptable degree, approaches that focus on the coercive force of the state must be complemented by the development of an “ecological ethos,” whereby groups and individuals are motivated to act with non-self-interested concern for the environment. The need for this ethos means that the state is dependent on the cooperation of a wide range of non-state actors. Recent work on environmental governance emphasizes the delegation of aspects of governing to such actors and supports efforts to increase popular participation in governmental processes. The chapter therefore advocates a governance approach that seeks to rectify some of the limitations of state-led environmental law, while encouraging popular participation in a way that can encourage the development of an ecological ethos among the citizenry.

Trading Schemes, Risks, and Costs: The Cases of the European Union Emissions Trading Scheme and the Renewables Obligation

2008 ◽  
Vol 26 (5) ◽  
pp. 938-953 ◽  
Author(s):  
David Toke
Keyword(s):  
European Union ◽  
Environmental Governance ◽  
Emissions Trading ◽  
Command And Control ◽  
False Belief ◽  
The European Union ◽  
Governance Systems ◽  
Emissions Trading Scheme ◽  
Trading Scheme ◽  
And Control

The appropriateness and importance of market-based environmental governance systems vary according to different cases. Although so-called ‘market trading’ regimes can be useful in some circumstances, a false belief in the inevitability of their cost-effectiveness compared with so-called ‘command and control’ systems has allowed policy distortions to occur. So-called ‘command and control’ policies are being underemphasised, despite the fact that they may achieve reductions in carbon emissions that are cheaper than those likely to be achieved through emissions (or ‘certificate’) trading regimes. I address theoretical arguments which I then place in context with analysis of some features of the British Renewables Obligation and the European Union Emissions Trading Scheme.

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.

Prospects for E-Collaboration with Artificial Partners

2011 ◽  
pp. 493-498
Author(s):  
Kathleen Keogh ◽  
Liz Sonenberg
Keyword(s):  
Recent Work ◽  
Independent Living ◽  
Disaster Recovery ◽  
Online Auctions ◽  
Command And Control ◽  
Space Missions ◽  
Pedagogical Agents ◽  
Artificial Agents ◽  
Collaborative Teams ◽  
And Control

Recent work shows that there is interest in how individual artificial agents can work in successful competitive and collaborative teams including people and other agents. Applications involving competing agents include online auctions. Applications for collaborative teams include remote space missions, disaster recovery (e.g., to coordinate a rescue mission) and helping organize appointments for a team of people (Pynadath & Tambe, 2003); as an aid to independent living developing teams of health carers, including artificial carers (Wagner, Guralnik, & Phelps, 2002); in command and control as coordination and communication assistants (Fan et al., 2005); and pedagogical agents in teaching systems (e.g., Shaw, Ganeshan, Johnson & Millar, 1999; Feng, Shaw, Kim & Hovy, 2006).

Choosing a "best" Canadian environmental management strategy

2001 ◽  
Vol 28 (S1) ◽  
pp. 183-193
Author(s):  
Isobel W Heathcote
Keyword(s):  
Environmental Management ◽  
Management Strategy ◽  
Environmental Law ◽  
Complex Mixture ◽  
Pollution Prevention ◽  
Command And Control ◽  
Economic Incentives ◽  
Economic Instruments ◽  
Voluntary Compliance ◽  
And Control

All human societies have laws, which may be written or unwritten. Those laws, and the mechanisms to enforce them, evolve as internal and external forces shape the society. Modern environmental regulatory frameworks are a complex mixture of traditional behavioural rules and newer benchmarks of environmental performance. Gradually, we have come to value the rules themselves above the goals they are intended to achieve. In fact, environmental improvement can be achieved in many ways, not just through traditional regulatory approaches. Traditional "command-and-control" regulation provides a useful backstop but is limited in its ability to encourage innovation. Newer approaches, including economic instruments, voluntary clean-up, and recognition programs, offer the means to encourage prevention, protection, and conservation, rather than resource wastage and reliance on end-of-pipe technology. A combination of command-and-control programs for minimum limits, coupled with economic incentives and voluntary compliance schemes for enhanced protection, may be the only viable environmental management strategy for the 21st century.Key words: environmental management, environmental law, pollution prevention, economic instruments, voluntary, compliance.

Part VI Actors, Ch.35 The State

2021 ◽  
Author(s):  
Marauhn Thilo
Keyword(s):  
Environmental Governance ◽  
Environmental Law ◽  
The State ◽  
International Environmental Law ◽  
Role Of The State ◽  
Starting Point ◽  
International Legal System ◽  
Changing Role ◽  
Freedom Of Action

This chapter assesses the role of the state in international environmental law. The starting point is the Westphalian notion of states' unimpaired freedom of action, increasingly revealed as a ‘myth’. The chapter then considers ideas of contemporary statehood—an element of a global system of environmental governance. Contemporary statehood and its relevance for international environmental law can best be illuminated by focusing on the roles assumed by states as authors, addressees, and guardians of international law. Finally, the chapter discusses the changing role of states in light of ongoing transformations in the international legal system, including the growing plurality of actors, norms, and institutions, as well as the growth of inter-linked networks of states and other actors.

II. SURVEYING THE STATE OF EU ENVIRONMENTAL LAW: MUCH BARK WITH LITTLE BITE?

2013 ◽  
Vol 62 (4) ◽  
pp. 965-982 ◽  
Author(s):  
Suzanne Kingston
Keyword(s):  
Fast Moving ◽  
Environmental Governance ◽  
Environmental Law ◽  
The State ◽  
Environmental Concerns ◽  
Environmental Action ◽  
Eu Law ◽  
Eu Policy ◽  
Action Programme ◽  
Energy Law

In the three years since last surveyed in the Quarterly,1 EU environmental law has continued to justify its reputation as one of the most fast-moving fields of EU law, with a large number of highly significant legislative and jurisprudential developments. This review selects some of the most important areas of development in the field in recent years: in particular, the EU's new environmental action programme for 2013–20, EU climate and energy law, environmental governance and enforcement, and integration of environmental concerns into other EU policy areas.

‘Fiat and Forbearance’: The Challenge of Capturing Plurality and Diversity in Environmental Governance

2012 ◽  
Vol 1 (1) ◽  
pp. 33-45
Author(s):  
A. Damodaran
Keyword(s):  
Environmental Governance ◽  
Command And Control ◽  
Environmental Issues ◽  
Governance System ◽  
Global Commons ◽  
Multi Level ◽  
Environmental Goals ◽  
Local Commons ◽  
Multi Stakeholder ◽  
And Control

A close reading of India’s Constitution indicates that the ideals of pluralism and diversity underpin our basic approach to environmental issues. All the same, the past record of environmental governance in the country suggests that the twin ideals have not been adequately captured through appropriate policies and programmes. Part of the reason for this situation has been the predominant use of command and control instruments for realizing environmental goals. This article argues that the future of environmental governance in India lies in pursuing the principles of pluralism and diversity through balanced approaches to issues. This would imply having an open mind towards ‘command and control’ and ‘market based instruments’, pursuing economic and social development within the ambit of environmental policies, conserving the diversity of landscapes and nurturing a network of public spheres that can create plural viewpoints on environmental issues. In the light of the current environmental scenario in the country, where local commons and global commons fight for space, it is argued that an enlightened ‘fiat and forbearance regime’ that balances the ‘global’ with the ‘local’ offers the best hope for promoting plurality and diversity in environmental governance. The article unfolds the architecture of an enlightened fiat and forbearance regime for India in its local, regional, national and global dimensions. It is argued that a multi-level, multi-stakeholder governance system, if backed by certain enabling principles, can help India realize the paradigm of ‘enlightened fiat and forbearance regime’ in the realm of environment.

scholarly journals Deforestation forecasts in the Legal Amazon using intervention models

2021 ◽  
Vol 10 (4) ◽  
pp. e8710413787
Author(s):  
Anderson da Silva Costa ◽  
Joaquim Carlos Barbosa Queiroz ◽  
Larissa Steiner Chermont ◽  
Osmar Alves Lameira ◽  
Everaldo Barreiros de Souza ◽  
...  
Keyword(s):  
Monitoring System ◽  
Environmental Governance ◽  
Command And Control ◽  
Governance Structure ◽  
Amazon Region ◽  
Conservation Units ◽  
Intervention Models ◽  
Deforestation Rates ◽  
Governmental Institutions ◽  
And Control

In this paper, it was used the Box-Jenkins methodology to assess the historical deforestation data generated by PRODES in the Brazilian Legal Amazon region from 1988 to 2018, in order to acquire deforestation forecasts. Considering that the model achieved an acceptable performance, forecasts were estimated for the next seven years (2019 to 2023). If there is no significant intervention in the series, deforestation rates are expected to remain ranging from 7,559.97 km2 to 7,730.88 km2, with a mean around 7,625.12 km2. In the case of an intervention, these quantities may vary from 10,429.28 km2 to 28,669.75 km2, with a mean near to 16,766.71 km2, indicating an increase of 119% on deforestation rates. In this sense, this article reinforces the need for maintenance and expansion of the environmental governance structure for the Brazilian Legal Amazon, according to what has happened in the last decade, especially based on the instruments of Command and Control related, for example, to expansion of Conservation Units, institution of the Rural Environmental Registry (CAR), inducing land regularization, improvement of the detection and monitoring system of burning and deforestation, such as PRODES and DETER, and also ostensive operations to combat illegal deforestation governmental institutions.

Natural Resources and Environmental Justice

2017 ◽  
Keyword(s):  
Environmental Management ◽  
Environmental Justice ◽  
Natural Resources ◽  
Animal Rights ◽  
Environmental Governance ◽  
Social Impact ◽  
Law And Economics ◽  
Current Knowledge ◽  
Environmental Law ◽  
Justice Research

Environmental management involves making decisions about the governance of natural resources such as water, minerals or land, which are inherently decisions about what is just or fair. Yet, there is little emphasis on justice in environmental management research or practical guidance on how to achieve fairness and equity in environmental governance and public policy. This results in social dilemmas that are significant issues for government, business and community agendas, causing conflict between different community interests. Natural Resources and Environmental Justice provides the first comprehensive, interdisciplinary examination of justice research in Australian environmental management, identifying best practice and current knowledge gaps. With chapters written by experts in environmental and social sciences, law and economics, this book covers topical issues, including coal seam gas, desalination plants, community relations in mining, forestry negotiations, sea-level rise and animal rights. It also proposes a social justice framework and an agenda for future justice research in environmental management. These important environmental issues are covered from an Australian perspective and the book will be of broad use to policy makers, researchers and managers in natural resource management and governance, environmental law, social impact and related fields both in Australia and abroad.

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