Implementing environmental law and collaborative governance

Title
Implementing environmental law and collaborative governance
Publication Date
2015
Author(s)
Holley, Cameron
Lawson, Andrew
( author )
OrcID: https://orcid.org/0000-0001-8509-1885
Email: mlawson6@une.edu.au
UNE Id une-id:mlawson6
Editor
Editor(s): Paul Martin & Amanda Kennedy
Type of document
Book Chapter
Language
en
Entity Type
Publication
Publisher
Edward Elgar Publishing Limited
Place of publication
Cheltenham, United Kingdom
Edition
1
Series
IUCN Academy of Environmental Law Series
DOI
10.4337/9781783479313.00016
UNE publication id
une:20776
Abstract
Traditionally, statutory regulation was viewed as the primary mechanism for achieving environmental and social change. Its uniform system and top down implementation was expected to engineer social and environmental change at every location.1 However, this vision never constituted an entirely satisfactory empirical account of the realities of environmental governance, and there is significant variance in how communities and governments seek to resolve environmental challenges.2 The last four decades have seen an expansion in environmental governance by non-state actors,3 often in response to the perceived inefficiencies and limits of traditional legal regulation (that is, hierarchical government control, detailed and rigid state rules and judicial enforcement). While legal regulation has had some success in curbing point source pollution, it has fallen far short in addressing complex challenges such as biodiversity, water extraction and diffuse pollution from agriculture. To tackle these 'wicked problems', business, civil society and governments have developed a range of tools such as market instruments, voluntarism, self-regulation and (importantly for this chapter), collaboration.
Link
Citation
Implementing Environmental Law, p. 238-259
ISBN
9781783479290
9781783479313
Start page
238
End page
259

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