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Environmental Regulation

Edited by John McEldowney, Professor of Law, University of Warwick, UK and Sharron McEldowney, Principal Lecturer, Molecular and Applied Biosciences, University of Westminster, UK
Featuring an original introduction by the editors, this important collection of essays explores the main issues surrounding the regulation of the environment. The expert contributors illustrate that regulating the environment in the UK is conceptually complex, involves a diverse range of institutions, techniques and methodologies and crosses geographical and national boundaries. In the USA it is more formalised, juridical, adversarial and formally dependent upon legal rules. The articles highlight the fact that despite differences in the UK and the USA's regulatory styles, environmental regulation today has much in common with both traditions.
Extent: 924 pp
Hardback Price: £295.00 Web: £265.50
Publication Date: 2014
ISBN: 978 0 85793 820 6
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  • Economics and Finance
  • Environmental Economics
  • Environment
  • Environmental Economics
  • Environmental Governance and Regulation
  • Environmental Law
  • Environmental Sociology
  • Law - Academic
  • Environmental Law
Featuring an original introduction by the editors, this important collection of essays explores the main issues surrounding the regulation of the environment. The expert contributors illustrate that regulating the environment in the UK is conceptually complex, involves a diverse range of institutions, techniques and methodologies and crosses geographical and national boundaries. In the USA it is more formalised, juridical, adversarial and formally dependent upon legal rules. The articles highlight the fact that despite differences in the UK and the USA's regulatory styles, environmental regulation today has much in common with both traditions.
‘As editors of this wide-ranging and insightful volume, Professor John McEldowney and Sharron McEldowney have compiled an important collection of essays and leaned articles gleaned mainly from a selection of influential and authoritative academic journals from both sides of the Atlantic and worldwide as well. . . As part of the Elgar Research Collection, this is definitely a book for academics and scholars as well as environmental lawyers who will appreciate its comparative law orientation and emphasis. Also to be appreciated by researchers is the copious footnoting throughout, which contains a wealth of reference sources. In all, the book is a valuable and richly resourced contribution to the literature of environmental law.’
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine
34 articles, dating from 1986 to 2012
Contributors include: J. Black, R. Brownsword, P. Cullet, E. Fisher, N. Gunningham, J. Holder, M. Lee, M.C. Lemos, P. Lowe, R. MacRory, O.W. Pederson, T. Prosser, B. Richardson, C. Scott, J. Scott, D. Vogel


Contents
Acknowledgements
Introduction Regulating the Environment: 21st Century Challenges
John McEldowney and Sharron McEldowney

PART I ENVIRONMENTAL REGULATION, SUSTAINABLE DEVELOPMENT
AND CLIMATE CHANGE
1. Daniel Barstow Magraw and Lisa D. Hawke (2007), ‘Sustainable Development’
2. Daniel A. Farber (2011), ‘The Challenge of Climate Change Adaption: Learning from
National Planning Efforts in Britain, China, and the USA’

PART II MODELS OF REGULATION, PRECAUTION AND RISK
3. David Vogel (1986), ‘Government Regulation in Great Britain and the United States’
4. Neil Carter and Philip Lowe (1994), ‘Environmental Politics and Administrative Reform’
5. Neil Gunningham (2009), ‘Environmental Law, Regulation and Governance: Shifting Architectures’
6. Jonathan B. Wiener (2007), ‘Precaution’
7. Priscilla Schwartz (2010), ‘The Polluter-Pays Principle’
8. Elizabeth Fisher, Pasky Pascual and Wendy Wagner (2010), ‘Understanding Environmental Models in Their Legal and Regulatory Context’
9. Jane Holder (2004), ‘Tracking Environmental Assessment’

PART III ENVIRONMENTAL REGULATION, POLICY AND GOVERNANCE
10. Maria Carmen Lemos and Arun Agrawal (2006), ‘Environmental Governance’
11. Steven Bernstein (2005), ‘Legitimacy in Global Environmental Governance’
12. Elizabeth A. Kirk and Kirsty L. Blackstock (2011), ‘Enhanced Decision Making: Balancing Public Participation against “Better Regulation” in British Environmental Permitting Regimes’
13. Tony Prosser (2010), ‘The Environmental Agency’
14. Richard Macrory (2012), ‘Environmental Regulation as an Instrument of Constitutional Change’
15. Neil Gunningham (2011), ‘Enforcing Environmental Regulation’
16. Michael G. Faure and Katarina Svatikova (2012), ‘Criminal or Administrative Law to Protect the Environment? Evidence from Western Europe’
17. Benjamin J. Richardson (2009), ‘Climate Finance and its Governance: Moving to a Low Carbon Economy Through Socially Responsible Financing?’

PART IV ENVIRONMENTAL REGULATION ACROSS SECTORS
18. Veerle Heyvaert (2011), ‘Governing Climate Change: Towards a New Paradigm for Risk Regulation’
19. Hans Vedder (2010), ‘The Treaty of Lisbon and European Environmental Law and Policy’
20. Gerd Winter (2010), ‘The Climate is No Commodity: Taking Stock of the Emissions Trading System’
21. William Howarth (2009), ‘Aspiration and Realities under the Water Framework Directive: Proceduralisation, Participation and Practicalities’
22. Joanne Scott (2009), ‘REACH: Combining Harmonization and Dynamism in the Regulation of Chemicals’
23. Jill Wakefield (2012), ‘Common Fisheries Policy Reform and Sustainability’

PART V REGULATION AND ENVIRONMENTAL HUMAN RIGHTS
24. Jan Hancock (2003), ‘The Human Right to Natural Resources’
25. Ole W. Pedersen (2010), ‘Environmental Principles and Environmental Justice’,

PART VI ENVIRONMENTAL REGULATION AND NEW TECHNOLOGIES
26. Roger Brownsword (2010), ‘The Age of Regulatory Governance and Nanotechnologies’
27. Colin Scott (2007), ‘Rethinking Regulatory Governance for the Age of Biotechnology’
28. Maria Lee (2008), ‘GMOs in the EU: The Scope of the Debate’

PART VII ENVIRONMENTAL REGULATION AND ECONOMIC DEVELOPMENT
29. Philippe Cullet (2010), ‘Environment and Development – The Missing Link’
30. Jingchen Zhao (2012), ‘The Harmonious Society, Corporate Social Responsibility and Legal Responses to Ethical Norms in Chinese Company Law’
31. V.K. Agarwal (2005), ‘Environmental Laws in India: Challenges for Enforcement’
32. Rohan Mukherjee and David M. Malone (2011), ‘Global Responsibilities: India’s Approach’

PART VIII 21ST CENTURY CHALLENGING ENVIRONMENTAL REGULATION
33. Elizabeth Fisher, Bettina Lange, Eloise Scotford and Cinnamon Carlarne (2009), ‘Maturity and Methodology: Starting a Debate about Environmental Law Scholarship’
34. Julia Black (2012), ‘Paradoxes and Failures: “New Governance”, Techniques and the Financial Crisis’