Compliance and Enforcement in Environmental Law Toward More Effective Implementation

About this book

Compliance 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, Compliance and Enforcement in Environmental Law 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 Compliance and Enforcement in Environmental Law valuable.

Contents

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 Anel 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. Kotze
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
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
25. Compliance and Enforcement Related to Mandatory Corporate Reporting Requirements: Is There a Future? Karen Bubna-Litic

Index

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