Implementing Environmental Law and Collaborative Governance


Book Description

Traditionally, statutory regulation was viewed as the primary mechanism for achieving environmental and social change. Its uniform system and top down implementation was expected to engineer social and environmental change at every location. However, this vision never constituted an entirely satisfactory empirical account of the realities of environmental governance, and there is significant variance in how communities and governments seek to resolve environmental challenges. The last four decades have seen an expansion in environmental governance by non-state actors, often in response to the perceived inefficiencies and limits of traditional legal regulation (that is, hierarchical government control, detailed and rigid state rules and judicial enforcement). While legal regulation has had some success in curbing point source pollution, it has fallen far short in addressing complex challenges such as biodiversity, water extraction and diffuse pollution from agriculture. To tackle these 'wicked problems', business, civil society and governments have developed a range of tools such as market instruments, voluntarism, self-regulation and (importantly for this chapter), collaboration. While collaboration has a long history, only in the last two decades have collaborative natural resource approaches become an important instrument in the regulatory tool kit. Recognising that complex socio-ecological systems cannot be readily governed by a single actor (government), collaborative approaches to governance are distinctively polycentric - the state no longer plays the central role in governance. Non-state actors assume administrative, regulatory and implementing functions previously undertaken by the state.




The Challenges of Collaboration in Environmental Governance


Book Description

Collaborative approaches to governance are being used to address some of the most difficult environmental issues across the world, but there is limited focus on the challenges of practice. Leading scholars from the United States, Europe and Australia explore the theory and practice in a range of contexts, highlighting the lessons from practice, the potential limitations of collaboration and the potential strategies for addressing these challenges.




Collaborative Environmental Governance Frameworks


Book Description

This book takes a practical approach to understanding and describing collaborative governance for resolving environmental problems. It introduces a new collaborative governance assessment model and recognizes that collaborations are a natural result of organizations converging around complex issues. Rather than identifying actors by their type of organization, the actors are identified by the type of role they play. This approach is aligned with how individuals and organizations interact in practice, and their dependance on collaborations to solve emerging environmental problems. The book discusses real cases with governance issues and creates new frameworks for collaborations. Features: Addresses communities at all levels and scales that are gravitating toward collaborations to solve their environmental issues. Prepares and enables individuals to participate in collaborative governance and design collaborative governance frameworks. Introduces the first simplified and standardized model to assess governance using governance actors and styles. Explains governance in simple terms and builds governance frameworks from the individual’s perspective; the smallest, viable unit of governance in a collaboration. Describes "tools of convergence" for collaborative leaders to organize and align activities to create shared-governance outcomes and outputs.




Implementing Environmental Law


Book Description

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 Oxford Handbook of U.S. Environmental Policy


Book Description

Prior to the Nixon administration, environmental policy in the United States was rudimentary at best. Since then, it has evolved into one of the primary concerns of governmental policy from the federal to the local level. As scientific expertise on the environment rapidly developed, Americans became more aware of the growing environmental crisis that surrounded them. Practical solutions for mitigating various aspects of the crisis - air pollution, water pollution, chemical waste dumping, strip mining, and later global warming - became politically popular, and the government responded by gradually erecting a vast regulatory apparatus to address the issue. Today, politicians regard environmental policy as one of the most pressing issues they face. The Obama administration has identified the renewable energy sector as a key driver of economic growth, and Congress is in the process of passing a bill to reduce global warming that will be one of the most important environmental policy acts in decades. The Oxford Handbook of U.S. Environmental Policy will be a state-of-the-art work on all aspects of environmental policy in America. Over the past half century, America has been the world's leading emitter of global warming gases. However, environmental policy is not simply a national issue. It is a global issue, and the explosive growth of Asian countries like China and India mean that policy will have to be coordinated at the international level. The book will therefore focus not only on the U.S., but on the increasing importance of global policies and issues on American regulatory efforts. This is a topic that will only grow in importance in the coming years, and this will serve as an authoritative guide to any scholar interested in the issue.




Co-operative Environmental Governance


Book Description

New philosophies of environmental management are being put to the test in many countries.· New ideas are needed to replace or at least flank the old command and control approach, which has lost its credibility. One of the most interesting new avenues is co-operative environmental management, whereby public and private parties work together to tackle a problem. It is interesting because it seems to be well suited to handling complex environmental problems. This kind of management makes use of the policy instrument known as the Environmental Agreement. That tool is geared to the development of sustainable procedures for working out solutions. The Environmental Agreement provides scope to deal with some essential characteristics of current environmental problems. Indeed, one of the most vexing aspects of environmental problems is uncertainty, both in the ecological sphere and with respect to the economic effects of intervention. In short, this instrument takes the unknown into account.




The New Environmental Governance


Book Description

A bold and profoundly new way of governing environmental problems is palpable around the globe and aims to overcome the limitations of the interventionist state and its market alternative to offer more effective and legitimate solutions to today's most pressing environmental problems. The 'new environmental governance' (NEG) emphasises a host of novel characteristics including participation, collaboration, deliberation, learning and adaptation and 'new' forms of accountability. While these unique features have generated significant praise from legal and governance scholars, there have been very few systematic evaluations of NEG in practice, and it is still unclear whether NEG will in fact 'work', and if so, when and how. This book offers one of the most rigorous research investigations into cutting edge trends in environmental governance to date. Focusing its inquiry around some of the most central, controversial and/or under researched characteristics of NEG, the book offers fresh insights into the conditions under which we can best achieve successful collaboration, effective learning and adaptation, meaningful participatory and deliberative governance and effective forms of accountability. The book synthesizes its findings to identify seven key pillars of 'good' NEG that are central to its success and will provide useful guidance for policymakers and scholars seeking to apply new governance to a wide range of environmental and non-environmental policy contexts. The book also advances our understanding of State governance and will be a valuable reference for scholars, researchers and students working in law and regulation studies - especially in the field of environmental law.




Collaborative Environmental Management


Book Description

First Published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.




Collaborative Environmental Management


Book Description

Collaboration has become a popular approach to environmental policy, planning, and management. At the urging of citizens, nongovernmental organizations, and industry, government officials at all levels have experimented with collaboration. Yet questions remain about the roles that governments play in collaboration--whether they are constructive and support collaboration, or introduce barriers. This thoughtful book analyzes a series of cases to understand how collaborative processes work and whether government can be an equal partner even as government agencies often formally control decision making and are held accountable for the outcomes. Looking at examples where government has led, encouraged, or followed in collaboration, the authors assess how governmental actors and institutions affected the way issues were defined, the resources available for collaboration, and the organizational processes and structures that were established. Cases include collaborative efforts to manage watersheds, rivers, estuaries, farmland, endangered species habitats, and forests. The authors develop a new theoretical framework and demonstrate that government left a heavy imprint in each of the efforts. The work concludes by discussing the choices and challenges faced by governmental institutions and actors as they try to realize the potential of collaborative environmental management.




International Environmental Law and Governance


Book Description

The book analyzes the question of legitimacy and efficacy of certain organs created on the basis of Multilateral Environmental Agreements, i.e. Conferences and Meetings of the Parties. It analyzes their structure, new developments and collaborative efforts regarding the powers of these bodies in achieving desired goals of environmental protection. Contributors are: Michael Bowman, Edward J. Goodwin, Peter G.G. Davies, Feja Lesniewska and Philippe Cullet