Next-Generation Environmental Regulation: Law, Regulation, and Governance

Abstract

This article analyzes more than four decades of environmental law, regulation, and governance in various Anglo-Saxon and global jurisdictions. It shows how, after the heydays of law and command and control and the swing to economic instruments, voluntarism, and light-handed initiatives, new phases evolved-their most important manifestations being pluralistic regulation, new technologies, compliance, and new governance. It shows how each of the frameworks examined proposes its own solutions and has something valuable to offer, as well as its own limitations. The article concludes by discussing a fundamental challenge confronting the field, namely, how to orchestrate the many possible approaches and relationships available on the legal, regulatory, and governance spectrum.

Management of Ciguatoxin Risk in Eastern Australia

“…It can lead to increased insurance premiums and operating costs. It is acknowledged that co-operative arrangements where industry and regulators work together to minimize risk can be cost effective in addressing risk [ 52 ]. So, while establishment of a monitoring program for CTXs is not currently feasible, existing strategies for CFP risk management: traceability; recall and education could be reviewed by both regulators and industry to identify improvements that could further reduce risk to consumers.…”

Earth System Law for the Anthropocene

“…This challenge specifically arises from: the new regulatory reality presented by the Anthropocene trope; the disconnect between the demands of this new regulatory reality and the diminishing regulatory abilities of international environmental law; shifting and intertwined global governance priorities (evidenced by the Sustainable Development Goals); the emergence of new global governance actors at all levels (e.g.,. Extinction Rebellion and Fridays for Future climate actions); intensifying patterns of global socio-ecological decay (evidenced by the projected Sixth Mass Extinction) [50]; and new understandings of organizational norms, collective action initiatives, and complexly uncertain multi-scalar and temporal challenges that interconnect as a single socio-ecological system [51].…”

Employment and the role of workers and employers in a green economy

“…It shows what it means for enterprises to become green and how sustainability makes business sense, with implications for the entire value chain and specific challenges for micro-, small and medium-sized enterprises (MSMEs). However, although the voluntary action taken by enterprises so far is welcome, it is not enough to ensure environmental sustainability, which suggests that governments need to provide overall direction, targets, guidance, incentives, norms, monitoring and enforcement (Gunningham and Holley, 2016). As discussed in Chapter 3, social dialogue and collective agreements can help enterprises embrace sustainability.…”

“…During the 1990s, reliance on information disclosure, social licences and price signals to guide profit-seeking activity and other voluntary schemes offered only limited incentives for enterprises to adopt environmental practices. Smart regulation can enhance the motivation of current businesses to achieve sustainability, and stimulate the necessary motivation in other cases (Gunningham and Holley, 2016). In the United States, a US$ 40 tax per CO 2 eq ton emitted, coupled with border tax adjustments, could help to meet the Paris Agreement target, reduce the burden of emissions regulation and improve the well-being of most citizens (Bailey and Bookbinder, 2017;Baker et al, 2017).…”