Table of Contents

Implementing Environmental Law

Implementing Environmental Law

The IUCN Academy of Environmental Law series

Edited by Paul Martin and Amanda Kennedy

At the Rio +20 conference attention was focused upon the variable effectiveness of a large range of international instruments. The IUCN too has recently began to focus upon the effectiveness of legal arrangements for environmental governance. Both of these developments are representative of an increasing awareness that legal environmental governance arrangements frequently fail to achieve the desired outcomes, or give rise to perverse and unexpected effects. The reasons why this may be so include issues such as the limited commitment of the responsible government or its agents, issues of corruption or incapacity, problems arising from the choice of the governance instrument, or the design of the law. This book tackles the challenges of implementation of environmental law, drawing upon the expertise of an international cast of contributors and investigations across a range of jurisdictions.

Contents

Edited by Paul Martin and Amanda Kennedy

Subjects: environment, environmental governance and regulation, environmental law, environmental politics and policy, law - academic, environmental law

Extract

List of contributors Introduction: a jurisprudence of environmental governance? Paul Martin and Amanda Kennedy 1 Accelerating the evolution of environmental law through continuous learning from applied experience Paul Martin and Donna Craig 2 Assessing environmental governance of the Hudson River Valley: application of an IPPEP model Wang Xi, Richard L. Ottinger, Nicholas A. Robinson, Albert K. Butzel, Marla E. Wieder, John Louis Parker, Taryn L. Rucinski, Radina R. Valova and Wang Pianpian 3 Putting the train of environmental protection on track: Nova Scotia’s experiment in using legislation to strengthen environmental governance Meinhard Doelle and William Lahey 4 Has environmental impact assessment (EIA) lost credibility? Recent concerns from Australia and Canada Wayne Gumley 5 Contamination and the polluter pays principle Emma Lees 6 Possible legal obligations to consult Tanya Howard and Solange Teles Da Silva 7 Implementing international water agreements Alistair Rieu-Clarke and Josefin Gooch 8 Fouling Adam’s Eden: a legal analysis of the collective action challenge in Lake Victoria Omondi Robert Owino 9 Marine protection treaties in Antarctic Waters: fragmentation or coordination in international treaty implementation Gregory Rose vii 1 27 50 69 91 118 134 156 174 191 v Columns Design XML Ltd / Job: Martin-Implementing_Environmental_Law / Division: Prelims /Pg. Position: 1 / Date: 14/7 JOBNAME: Martin PAGE: 6 SESS: 5 OUTPUT: Tue Jul 14 16:12:02 2015 vi Implementing environmental law 10 The effectiveness of instrument mixes in environmental law: insights from ship-source pollution Javier de Cendra 11 Implementing environmental law and collaborative governance Cameron...