The evaluation framework

Abstract

Governance relies on many mechanisms to shape human behaviour, particularly in relation to natural resources. These mechanisms include regulation, markets and social interventions. Each of these approaches has a legal component. Relevant laws include nation-state laws, international laws, binding customary or religious laws, enforceable private agreements, and other legally binding norms and rules. For effective governance the actions of citizens, civil society and business are no less important than those of governments. Legal aspects of governance should not be considered in isolation from other matters that shape environmental and social outcomes. Given the complexity of governance processes and mechanisms, there are several entry points for legal evaluation. This framework is based on evaluation of the effectiveness of legal principles relevant to natural resources governance. Legal principles prescribe the purpose and rationale of laws and their associated administrative and implementation arrangements. Legal principles can be definitively stated in authoritative sources, but this is not necessarily the case.11 Principles can also be deduced, inter alia, from international instruments, national legislation, judicial decisions or custom or policy statements. The existence, content or meaning of a principle of legal governance of the environment can be a matter for debate, and may vary by jurisdiction or situation. A great deal of environmental governance scholarship concerns whether a principle does or should exist, or what it means or should mean.