Please use this identifier to cite or link to this item:
Title: Accelerating the evolution of environmental law through continuous learning from applied experience
Contributor(s): Martin, Paul  (author)orcid ; Craig, Donna (author)
Publication Date: 2015
DOI: 10.4337/9781783479313.00006
Handle Link:
Abstract: Objective understanding of whether a legal instrument is effective involves consideration of the purposes of the instrument and its realworld effects. This is at least partly an empirical enquiry, similar to policy evaluation. It requires factual evidence of outcomes and data to underpin hypotheses about the causes of outcomes. These empirical enquiries must go beyond instrument design and the actions of legal agencies. Practical outcomes will often reflect context issues like social and cultural receptivity to legal arrangements, politics, economic capacity and impacts, and the dynamics of socio-ecological systems. As well, the resources invested to support a legal instrument, and the implementation strategy, are often determinants of success. The question that this raises is whether our legal scholarship is suited to addressing implementation questions beyond doctrinal, procedural and philosophic/jurisprudential concerns. If legal scholarship is indeed concerned with improving the effectiveness of the environmental law system, this suggests the need for methodologies and knowledge that can illuminate the empirical questions: what works, when, and why?
Publication Type: Book Chapter
Source of Publication: Implementing Environmental Law, p. 27-49
Publisher: Edward Elgar Publishing Limited
Place of Publication: Cheltenham, United Kingdom
ISBN: 9781783479290
Fields of Research (FoR) 2008: 180111 Environmental and Natural Resources Law
Fields of Research (FoR) 2020: 480202 Climate change law
480203 Environmental law
480204 Mining, energy and natural resources law
Socio-Economic Objective (SEO) 2008: 960799 Environmental Policy, Legislation and Standards not elsewhere classified
Socio-Economic Objective (SEO) 2020: 190299 Environmental policy, legislation and standards not elsewhere classified
HERDC Category Description: B1 Chapter in a Scholarly Book
Publisher/associated links:
Series Name: IUCN Academy of Environmental Law Series
Editor: Editor(s): Paul Martin and Amanda Kennedy
Appears in Collections:Book Chapter
School of Law

Files in This Item:
3 files
File Description SizeFormat 
Show full item record


checked on May 20, 2023

Page view(s)

checked on Mar 8, 2023
Google Media

Google ScholarTM



Items in Research UNE are protected by copyright, with all rights reserved, unless otherwise indicated.