Lessons for Environmental Harmonization: A Rising Tide That Lifts All Boats?

Abstract

How can harmonization successfully achieve the objective of being a "rising tide that lifts all boats" rather than a race to the bottom of regulatory protection in response to industry pressures to reduce "red tape" and the threat of forum shopping? The paper briefly maps the concept, using as a focus intra-state harmonization, and the promoted benefit of strengthening compliance. We identify the primary arguments for and against harmonization in its various forms, before describing two case studies, one from the United States and one from Australia, from which recommendations are drawn to enhance the potential for best practice in the area. It appears that successful harmonization depends on significant commitment by agencies involved, not only towards harmonization as an objective, but to best practice harmonization.