Description
Book SynopsisCompliance and enforcement are critical elements of assuring that international environmental treaties and domestic environmental laws actually produce desired environmental outcomes. This timely work provides a comprehensive worldwide perspective on how to assure compliance with and enforcement of environmental laws more effectively.
Bringing together both leading academics and environmental professionals from 15 countries, the book addresses a range of key issues including the enforcement of multilateral agreements, compliance strategies and tools, the role of courts and citizens, protection of natural resources, and compliance issues related to economic instruments.
This comprehensive resource will strongly appeal to environmental enforcement professionals working for governments or international organizations, who are seeking new ideas for compliance and enforcement programs. Academics researching environmental law and international affairs will also find this book valuable.
Trade Review’This is a remarkable collection of essays all focussing on compliance and enforcement in environmental law from different angles. The contributions provide important suggestions for increasing the effectiveness of environmental law and policy and the book will therefore undoubtedly be of great interest to anyone interested in increasing the effectiveness of environmental law.’ -- Michael G. Faure, Maastricht University, The Netherlands
’The nations of the world are building the legal rules to stop pollution, protect biodiversity and promote sustainable development. But there is a gap between the rules and their compliance that must be closed if we are to protect the environmental foundation of our prosperity. This important collaboration between IUCN and INECE provides evidence and insights that will help judges, prosecutors, investigators and all who care about the planet, close the compliance gap.’ -- Antonio Herman Benjamin, Justice, High Court of Brazil (STJ), Catholic University of Brasilia Law School, INECE and IUCN Commission on Environmental Law
’This volume presents a comprehensive coverage of the challenges in ensuring effective compliance and enforcement in environmental law from the international to the local level. It will make a significant contribution to the growing body of literature in this area and be of interest to practitioners, scholars and administrators alike. The IUCN Academy of Environmental Law is proud to join with Edward Elgar in the publication of this seminal work as the first in a new series based on the annual Colloquia of the Academy.’ -- Rob Fowler, University of South Australia
Table of ContentsContents: Introduction Sheila Abed PART I: COMPLIANCE WITH MULTI-LATERAL ENVIRONMENTAL AGREEMENTS 1. Interlinkages between Multi-Lateral Environmental Agreements: International Compliance Cooperation Gregory Rose 2. Compliance and Enforcement of International Environmental Conventions in Australia Zada Lipman 3. The Environmental Jurisprudence of International Tribunals: Does Sustainability Make a Difference? Klaus Bosselmann 4. Giving the Public a Voice in MEA Compliance Mechanisms Svitlana Kravchenko 5. Enforcing International Environmental Law through Domestic Law Mechanisms in the United States: Civil Society Initiatives Against Global Warming Linda A. Malone PART II: COMPLIANCE AND ENFORCEMENT STRATEGY 6. Doing What’s Important: Setting Priorities for Environmental Compliance and Enforcement Programs Michael M. Stahl PART III: COMPLIANCE AND ENFORCEMENT TOOLS 7. Organizational Liability for Environmental Crimes in Civil and Common Law Systems Jeffrey G. Miller and Caroline Justice 8. Federal Civil Environmental Enforcement in the United States: Process, Players, and Priorities John C. Cruden and Bruce S. Gelber 9. Does Self-Policing Improve Environmental Compliance? Paul B. Stretesky and Michael J. Lynch 10. Solution to Compensation for Transboundary Pollution Damage: A Case Study on the Songhua River Pollution Accident Wang Xi, Yang Huaguo and Fu Lu 11. Driving Compliance to and Enforcement of South African Legislation by Means of a Hybrid of ‘New’ Environmental Governance Instruments Willemien du Plessis and Johan Nel PART IV: ROLE OF THE COURTS 12. Lowering Barriers to Judicial Enforcement: Civil Procedure and Environmental Ethics Heather McLeod-Kilmurray 13. Principled Sentencing for Environmental Offences Brian J. Preston PART V: ROLE OF LOCAL GOVERNMENT 14. Improving Environmental Protection in China: The Role of Green GDP in Encouraging Local Government Heads to Implement Environmental Law Na Li 15. Environmental Compliance and Enforcement Measures: Opportunities and Challenges of Local Authorities in South Africa Anél du Plessis PART VI: ECONOMICS AND ECONOMIC INSTRUMENTS 16. The Enforcement of Greenhouse Gas Emissions Trading in Europe: Reliability Ensured? Marjan Peeters 17. Globalization and the Evolution of Environmental Governance in China’s Socialist Market Economy Kishan Khoday PART VII: RESOURCE PROTECTION 18. Enforcement Against Illegal Logging in the Brazilian Amazon Brenda Brito and Paulo Barreto 19. Judicial Enforcement of Liabilities and Responsibilities for Pollution Prevention and Remediation: No more ‘Business as Usual’ for South African Mines Louis J. Kotzé 20. Legislation for Sustainable Forest Management in the Central African Sub-Region: What Prospects for Effective Implementation? Christopher F. Tamasang 21. An Assessment of Marine Environmental Compliance and Enforcement in the Pacific Islands Region Pio E. Manoa and Yoli Tomtavala 22. The Recognition and Enforcement of Indigenous Customary Law in Environmental Regimes and Natural Resource Management Donna Craig and Michael I. Jeffery PART VIII: CITIZEN SUITS AND PUBLIC INVOLVEMENT 23. Public Interest Litigation as a Mechanism for Enforcing Environmental Rights and Duties in Uganda Emmanuel Kasimbazi 22. Legislation, Citizens’ Rights, and the Self-Determination of a Developing Country: A Papua New Guinean Case Study Mary A. Kaidonis and Natalie P. Stoianoff 23. Environmental Public Participation in China: A New Force for Environmental Law Compliance and Enforcement? Qun Du 24. The Role of Local Communities in Environmental and Natural Resources Management: The Case of Kenya Albert Mumma PART IX: CORPORATE REPORTING 25. Compliance and Enforcement Related to Mandatory Corporate Reporting Requirements: Is There a Future? Karen Bubna-Litic Index
