Integration among Global Environmental Regimes: Lessons Learned from Climate Change Mitigation

2009 ◽  
Author(s):  
Meinhard Doelle
Keyword(s):  
Climate Change ◽  
Climate Change Mitigation ◽  
Lessons Learned ◽  
Environmental Regimes ◽  
Global Environmental ◽  
Change Mitigation

The Polluter Pays Principle as an Instrument of Municipal and Global Environmental Governance in Climate Change Mitigation Law: Lessons from China, India, and the United States

Climate Law ◽  
2020 ◽  
Vol 10 (1) ◽  
pp. 50-93
Author(s):  
Paul A. Barresi
Keyword(s):  
Climate Change ◽  
United States ◽  
Climate Change Mitigation ◽  
Environmental Governance ◽  
The United States ◽  
Global Environmental Governance ◽  
Global Environmental ◽  
Polluter Pays Principle ◽  
The Impact ◽  
Change Mitigation

The disparate fates of the polluter pays principle (ppp) as an instrument of municipal environmental governance in the environmental law of China, India, and the United States illustrate how institutions and culture can shape its use. In China, essential elements of the Chinese legal tradition and an institutionalized devolution of power from the central government to local governments essentially neutralized the Chinese variant of the ppp in one important context by mobilizing certain culturally defined behavioural norms at the local level. In India, the Supreme Court has behaved in accordance with the socially revolutionary role intended for it by the framers of India’s Constitution by recognizing a maximalist conception of the ppp as part of Indian law, although other features of India’s unique legal culture and institutions have reduced the impact of this development. In the United States, the institutionalized fragmentation of the law-making process within the Federal Government has undermined even the implicit implementation of the ppp, to which US environmental statutes do not refer. The implications of these developments for the ppp as an instrument of municipal but also global environmental governance in climate change mitigation law flow less from the nominal status of the ppp in the laws of China, India, and the United States than from the unique institutional and cultural conditions that prevail there. The result is a case study in how institutions and culture can transform the implementation of a principle of environmental governance that at first glance might seem to be a simple exercise in economic rationality into a different exercise that is not simple at all.

Sign in / Sign up

Export Citation Format

Share Document