Hardback
Global Environmental Governance
Law and Regulation for the 21st Century
9781781002520 Edward Elgar Publishing
This timely book brings much-needed clarity to the concept of ‘environmental governance’ as manifested in the global regulatory domain. The author argues that despite being used as a fashionable term by many – including economists, political scientists, environmentalists and, increasingly, lawyers – its theoretical contours and conceptual content remain unclear, incoherent, and inconsistent. In addressing this problem, the book begins by describing globalization as a general context of governance. It comprehensively interrogates and clarifies both the governance and global governance concepts, and then explains aspects and components of global environmental governance. Finally it investigates the role of law in global environmental governance.
More Information
Critical Acclaim
Contents
More Information
This timely book brings much-needed clarity to the concept of ‘environmental governance’ as manifested in the global regulatory domain. The author argues that despite being used as a fashionable term by many – including economists, political scientists, environmentalists and, increasingly, lawyers – its theoretical contours and conceptual content remain unclear, incoherent, and inconsistent. In addressing this problem, the book begins by describing globalization as a general context of governance. It comprehensively interrogates and clarifies both the governance and global governance concepts, and then explains aspects and components of global environmental governance. Finally it investigates the role of law in global environmental governance.
Providing a much-needed definition of environmental governance and global environmental governance, this comprehensive study will appeal to academics and researchers, post-graduate and under-graduate students, intergovernmental organizations such as UNEP, WTO, IUCN, as well as governments and governmental agencies involved with environmental regulation.
Providing a much-needed definition of environmental governance and global environmental governance, this comprehensive study will appeal to academics and researchers, post-graduate and under-graduate students, intergovernmental organizations such as UNEP, WTO, IUCN, as well as governments and governmental agencies involved with environmental regulation.
Critical Acclaim
‘. . . the book fills a long standing gap in environmental literature, or indeed legal literature pertaining to the environment. . . Practitioners specialising in environmental law, as well as international law – not to mention environmentalists in general – will find this book a useful and absorbing source of information and comment.’
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine
‘This book is recommended as a comprehensive survey and summary of commentary on global environmental governance and its component parts. . . Kotze has given us a valuable tool as we work towards achieving
effective global environmental governance.’
– Annecoos Wiersema, University of Denver
‘This book is a novel, sophisticated, broad ranging and insightful study of the idea of global environmental governance but from a legal dimension and perspective. While recognising that concepts and ideas used to describe governance are generally abstract, vague and slippery, this project brings clarity to the field by being theoretically informed, contextually sensitive and pragmatically circumscribed. Its conclusions and arguments open up a field of inquiry that has to be genuinely interdisciplinary and in that sense has great potential to contribute to a better understanding of environmental themes and issues. This book is destined to become a landmark for legal academics who will write about environmental governance in that its concern is with the global governance of nature rather than a text that uses the environment as a pretext for understanding governance. It is well written, easy and enjoyable to read and while it traverses through diverse bodies of literature it manages to effectively communicate with a variety of scholarly communities.’
– Afshin Akhtarkhavari, Griffith Law School, Australia
‘Fourth generation global environmental regulation attempts to address the complex realities of an interconnected environment, global environmental problems and collective regulatory responses. It merits conceptual clarity. Louis Kotzé reveals the legal contours and content of global environmental governance by chipping away such parts of the conceptual marble block as are not needed. For the environmental lawyer, it is a welcome – and much needed – process of elimination. This book provides a toolkit for lawyers to engage critically with the extra-legal concept of environmental governance. Its scrutiny and careful analysis contribute meaningfully to the environmental discourse.’
– Christine Voigt, University of Oslo, Norway
‘Global Environmental Governance is a truly important book. Drawing on a multitude of disciplines, award-winning environmental law Professor Louis Kotzé masterfully explains the emerging concept of “global environmental governance” and its elements of globalism, environmental law, regulation, and governance theory. He makes a compelling case that the world has outgrown the “sustainability” model and moved toward this more all-encompassing approach to environmental regulation. This admirable book makes global environmental governance theory understandable and pertinent so environmental leaders, lawyers, and regulators can engage comfortably with this new vision for an ecologically and economically healthy world.’
– George (Rock) Pring, University of Denver Sturm College of Law, US
‘This book, in examining the relationship between global environmental governance and environmental law, provides an important and timely contribution to the quest to fashion a more viable approach to regulating the relationship between humanity and the environment. While the term “governance” is much employed in international environmental law scholarship, its conceptual underpinnings have not, on the whole, been adequately addressed in the legal sphere and understanding of the symbiotic relationship between the two areas has suffered as a result. This book makes a welcome start to tackling these issues and, it is to be hoped, will trigger renewed vigour in this socially and legally vital area of inquiry.’
– Karen Morrow, University of Swansea, Wales, UK
‘For years, scholars of international law and international relations have developed parallel literatures. In Global Environmental Governance, Louis Kotzé offers a common conceptual, theoretical, and normative ground in the global environmental field. As a skillful lawyer, he dissects terminology, explains core assumptions, and constructs causal chains. But he does not stop there. His shrewd analysis of power and authority, individual incentives and collective action, management and regulation builds a bridge between law and politics as disciplines concerned about what global environmental governance is and how it can be improved.’
– Maria Ivanova, University of Massachusetts, US
‘In search of shelter from the buffeting blasts of climate change, biodiversity loss, resource depletion, famine and disease, states and public agencies, community representatives, resource users, advocacy networks and citizens huddle together under the vast and varied institutional umbrellas of environmental governance. Louis Kotzé’s innovative study systematically describes the role of environmental law as the springs, stretchers, ribs and handles of the decision-making umbrellas we so desperately hope will hold firm when they are opened up in times of need.’
– Jamie Benidickson, University of Ottawa, Canada
‘The concept of “global environmental governance” has been part of the lexicon in accounts of global environmental politics for some time. Yet to date it has escaped comprehensive assessment from a legal perspective. This groundbreaking work fills this gap in the literature. It offers a masterful analysis of the theoretical underpinnings of the environmental governance, and highlights the critical importance of environmental regulation in ensuring that environmental governance lives up to its promise as a means for achieving truly ecologically sustainable development.’
– Tim Stephens, University of Sydney, Australia
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine
‘This book is recommended as a comprehensive survey and summary of commentary on global environmental governance and its component parts. . . Kotze has given us a valuable tool as we work towards achieving
effective global environmental governance.’
– Annecoos Wiersema, University of Denver
‘This book is a novel, sophisticated, broad ranging and insightful study of the idea of global environmental governance but from a legal dimension and perspective. While recognising that concepts and ideas used to describe governance are generally abstract, vague and slippery, this project brings clarity to the field by being theoretically informed, contextually sensitive and pragmatically circumscribed. Its conclusions and arguments open up a field of inquiry that has to be genuinely interdisciplinary and in that sense has great potential to contribute to a better understanding of environmental themes and issues. This book is destined to become a landmark for legal academics who will write about environmental governance in that its concern is with the global governance of nature rather than a text that uses the environment as a pretext for understanding governance. It is well written, easy and enjoyable to read and while it traverses through diverse bodies of literature it manages to effectively communicate with a variety of scholarly communities.’
– Afshin Akhtarkhavari, Griffith Law School, Australia
‘Fourth generation global environmental regulation attempts to address the complex realities of an interconnected environment, global environmental problems and collective regulatory responses. It merits conceptual clarity. Louis Kotzé reveals the legal contours and content of global environmental governance by chipping away such parts of the conceptual marble block as are not needed. For the environmental lawyer, it is a welcome – and much needed – process of elimination. This book provides a toolkit for lawyers to engage critically with the extra-legal concept of environmental governance. Its scrutiny and careful analysis contribute meaningfully to the environmental discourse.’
– Christine Voigt, University of Oslo, Norway
‘Global Environmental Governance is a truly important book. Drawing on a multitude of disciplines, award-winning environmental law Professor Louis Kotzé masterfully explains the emerging concept of “global environmental governance” and its elements of globalism, environmental law, regulation, and governance theory. He makes a compelling case that the world has outgrown the “sustainability” model and moved toward this more all-encompassing approach to environmental regulation. This admirable book makes global environmental governance theory understandable and pertinent so environmental leaders, lawyers, and regulators can engage comfortably with this new vision for an ecologically and economically healthy world.’
– George (Rock) Pring, University of Denver Sturm College of Law, US
‘This book, in examining the relationship between global environmental governance and environmental law, provides an important and timely contribution to the quest to fashion a more viable approach to regulating the relationship between humanity and the environment. While the term “governance” is much employed in international environmental law scholarship, its conceptual underpinnings have not, on the whole, been adequately addressed in the legal sphere and understanding of the symbiotic relationship between the two areas has suffered as a result. This book makes a welcome start to tackling these issues and, it is to be hoped, will trigger renewed vigour in this socially and legally vital area of inquiry.’
– Karen Morrow, University of Swansea, Wales, UK
‘For years, scholars of international law and international relations have developed parallel literatures. In Global Environmental Governance, Louis Kotzé offers a common conceptual, theoretical, and normative ground in the global environmental field. As a skillful lawyer, he dissects terminology, explains core assumptions, and constructs causal chains. But he does not stop there. His shrewd analysis of power and authority, individual incentives and collective action, management and regulation builds a bridge between law and politics as disciplines concerned about what global environmental governance is and how it can be improved.’
– Maria Ivanova, University of Massachusetts, US
‘In search of shelter from the buffeting blasts of climate change, biodiversity loss, resource depletion, famine and disease, states and public agencies, community representatives, resource users, advocacy networks and citizens huddle together under the vast and varied institutional umbrellas of environmental governance. Louis Kotzé’s innovative study systematically describes the role of environmental law as the springs, stretchers, ribs and handles of the decision-making umbrellas we so desperately hope will hold firm when they are opened up in times of need.’
– Jamie Benidickson, University of Ottawa, Canada
‘The concept of “global environmental governance” has been part of the lexicon in accounts of global environmental politics for some time. Yet to date it has escaped comprehensive assessment from a legal perspective. This groundbreaking work fills this gap in the literature. It offers a masterful analysis of the theoretical underpinnings of the environmental governance, and highlights the critical importance of environmental regulation in ensuring that environmental governance lives up to its promise as a means for achieving truly ecologically sustainable development.’
– Tim Stephens, University of Sydney, Australia
Contents
Contents: Preface 1. Introduction 2. The Contemporary Context of Globalization 3. Framing Governance 4. Global Governance 5. Law and Governance 6. In Search of (Global) Environmental Governance 7. Mapping the Definitional Field of Global Environmental Governance 8. Law and Global Environmental Governance 9. Reconstructing Global Environmental Governance Bibliography Index
