Law, Trade and Finance
Asian Commercial, Financial and Economic Law and Policy series
Edited by Ross P. Buckley, Richard Weixing Hu and Douglas W. Arner
Chapter 3: Endemic Institutional Fragility in the Face of Dynamic Economic Integration in Asia: The Case of Transboundary Pollution in Hong Kong
* Miron Mushkat and Roda Mushkat INTRODUCTION Environmental degradation poses a serious challenge in Asia, albeit not in a uniform fashion because of divergences in socio-economic conditions and variations in policy responses. The problem typically has domestic origins and manifests itself on the home front. However, it often possesses an international dimension due to cross-border spillovers and the difficulties stemming from coordination in circumstances characterized by conflicting preferences and fragmented authority. The absence of effective regional institutions and, selectively, the proliferation of semiautonomous sub-national power centres aggravate the ecological strains emanating from that source.1 * Roda Mushkat wishes to thank the Kadoorie Institute for its research support, but the authors of this chapter are solely responsible for the views expressed herein. 1 For example see Ian Townsend-Gault, David Vander Zwaag and Robert Adamson, ‘Transboundary Ocean and Atmospheric Pollution in Southeast Asia’ in Amitav Acharya and Richard Stubbs (eds), New Challenges for ASEAN: Energy Policy Issues (Vancouver: University of British Columbia Press, 1995); San-Gon Lee, ‘Transboundary Pollution in the Yellow Sea’ in H. Edward English and David Runnals (eds), Environment and Development in the Pacific: Problems and Policy Options (Melbourne: Addison-Wesley Longman in association with the Australia–Japan Research Centre, the Australian National University, 1997), 117–30; Ben Boer, Ross Ramsey and Donald Rothwell, International Environmental Law in the Asia Pacific: Problems and Policy Options (London: Kluwer Law International, 1998), 52; Peter Eaton and Miroslav Radojevic (eds), 49 M2628 - BUCKLEY TEXT.indd 49 24/05/2011 15:39 50 East Asian economic integration The predicament...
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