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.

Chapter 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 and John Louis Parker

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


Compliance with environmental law faces difficulties in all nations. This chapter seeks to define a methodology for assessing the requisites for determining whether or not a given state or nation is likely to succeed in protecting the environment. Studies at Shanghai Jiao Tong University have produced a model, described below as ‘Interactions of Parties in Process of Environmental Protection (IPPEP)’. The methodology of IPPEP permits evaluation of how governmental, economic and noneconomic public values interact. The IPPEP Model was tested in evaluating five case studies from the Hudson River Valley, in New York State (USA). The test shows that the IPPEP Model is a useful tool for understanding and assessing environmental governance in any given geographical or administrative area. The IPPEP Model refers to the situations of mutual influence among the parties when they develop, utilise or protect the environment. Environmental legislation establishes the rules for protection of ecological systems and public health. When all parties respect and observe this legislation, their relationships are in balance with each other. The equilateral triangle in the diagram expresses the Model. There are three parties or major players in the process of environmental protection: (1) government, being the state’s executive authority (which regulates and is subject to supervision or oversight by others in doing so); (2) economic enterprises (which are regulated, and often influence governments as well), and (3) The ‘Third Parties’ (such as citizens and environmental non-governmental organisations (NGOs), Courts and Congress), provide oversight and supervise the governmental regulatory and economic enterprise parties.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information