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 10: The effectiveness of instrument mixes in environmental law: insights from ship-source pollution

Javier de Cendra

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


Javier de Cendra 1. INTRODUCTION This book addresses the implementation of environmental laws. This chapter shall explore a specific instance of this challenge, the impact that the choice of environmental policy instruments has on the effectiveness of environmental laws through which those instruments are adopted.1 That is: how does the choice of a specific instrument, or a combination of instruments, affect the effectiveness of the law through which they become part of the body of environmental legislation? New instruments to deal with a specific environmental problem never exist in a vacuum, but rather are part of a complex regulatory and economic framework that is embedded in cultural and social practices, which may need to change for the environmental problem to be addressed. It is obvious that cultures and social practices must impact on the effectiveness of environmental instruments, and thus the design of instrumental strategies needs to take into account sociocultural realities underpinning the practices that they intend to change. This suggests that the effectiveness of one instrument can seldom be analysed in isolation from pre-existing instruments, nor from the society within which they are expected to work. These issues will be explored in this chapter using a case-study of a specific environmental problem, ship-source pollution in the European Union, 1 This chapter is based in work carried out in the context of the following project: Milieu Ltd, Evaluation study on the Implementation of Directive 2009/123/EC on amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for...

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