Opportunities for, and Impediments to, Natural Resource Governance Innovation Illustrated by the Biofuels Weed Risk Case Study

Abstract

This thesis is about innovation in natural resource governance. Established NRM models in either their command-and-control or deregulated market-based forms insufficiently achieve sustainable environmental outcomes and thus legal innovations are needed for protecting environmental values. Environmental law scholarship is mostly informed by a research paradigm which focuses upon individual instruments for environmental protection. By considering the broader governance system in which environmental and NRM governance models operate, this thesis argues that it is possible to: (i) design innovative environmental governance systems that can (in theory) better protect environmental values; (ii) mitigate the risks associated with innovative governance systems by better identifying them. However, the theoretical potential of policy innovation does not necessarily translate into feasibility. The second contribution of this research is to provide insights into the types of impediments that may inhibit practical implementation of innovative legal approaches. By using a pragmatic approach, this research aims to propose practical policy solutions to manage anthropogenic risks to environmental values and provide insights into theoretical tools to address NRM issues. This is illustrated with a case study focusing on the biofuel weed risk. While second-generation biofuel crops may produce bio-ethanol, help achieve a clean energy future, and help find the right balance between energy and food production, their use could also result in catastrophic biological infestations that may harm biodiversity values.