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Policy Instruments in Environmental Law

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Policy Instruments in Environmental Law

9781785365676 Edward Elgar Publishing
Edited by Kenneth R. Richards, Professor, O’Neill School of Public and Environmental Affairs, Indiana University, US and Josephine van Zeben, Professor and Chair, Law Group, Wageningen University, the Netherlands
Publication Date: 2020 ISBN: 978 1 78536 567 6 Extent: 464 pp
This volume of the Elgar Encyclopedia of Environmental Law provides a comprehensive guide to environmental policy instruments, examining their characteristics, applications, strengths and limitations, as well as giving an overview of the most significant issues related to their adoption and effectiveness. With entries written by leading international scholars, it delivers an indispensable insight into the cross-cutting issues that are common to discussions of such policy instruments.

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Critical Acclaim
Contributors
Contents
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Governments have at their disposal a broad range of policy instruments that they may use to influence behaviour and pursue environmental policy goals. This volume of the Elgar Encyclopedia of Environmental Law is a comprehensive guide to these environmental policy instruments, examining their characteristics, applications, strengths and limitations, as well as giving an overview of the most significant issues related to their adoption and effectiveness.

With entries written by leading international scholars, this incisive volume provides insight into the cross-cutting issues that are common to discussions of such policy instruments, including the legal bases for their use, how instruments can be compared for costs, distributional questions, and monitoring and enforcement. Contributions also explore hybrids and blends of policy instruments and explain the relationships between them, using case studies and examples from around the world, as well as providing succinct summaries of the substantial literature in the field.

Students and scholars in environmental law will find this volume to be an invaluable resource, for both its solid theoretical foundations and its analysis of undertreated issues in the field. Its discussion of how and why each policy tool might be used is particularly relevant for policymakers and practitioners.
Critical Acclaim
‘This is an impressive book, edited and written by many leading colleagues in the field internationally. It reflects upon the wide variety of policy instruments governments nowadays have at their disposal to develop and implement environmental, energy, climate and sustainability policies. Their work shows that many governments still have not managed to get their act together on this. This volume will therefore be a beacon of light in the dark.’
– Kurt Deketelaere, KU Leuven, Belgium

‘In this important volume, the editors – Kenneth Richards and Josephine van Zeben – have assembled an impressive set of entries that provide a remarkably comprehensive description and assessment of the diverse set of policy instruments which can be used by governments to achieve their environmental objectives in the face of market failures.’
– Robert N. Stavins, Harvard University, US
Contributors
Contributors: A.D.K. Abelkop, C. Coglianese, M.A. Cohen, D.H. Cole, C.M. Correa, N. de Sadeleer, R.C. Feiock, P.Z. Grossman, N. Gunningham, S. Hayes Richards, M. Howlett, S.-L. Hsu, B. Huber, O. Karassin, B.C. Karkkainen, S.E. Light, L.M.J. McCann, J.E. Milne, I. Mukherjee, E.W. Orts, O. Perez, K.R. Richards, T.M. Roberts, A. Rowell, S. Roy, J.P. Shimshack, H. Sigman, D. Sinclair, S. Starobin, S.E. Weishaar, E. Woerdman, H. Yi, J. van Zeben


Contents
Contents:

Foreword to the Encyclopedia

Foreword to Volume VIII

Introduction to Volume VIII: Instruments for environmental policy
Kenneth R. Richards and Josephine Van Zeben

PART 1 - General Issues in Environmental Policy Instruments
1. Governmental environmental action: legal bases And restraints
Josephine Van Zeben

2. Beyond compliance costs: comparing the total costs of alternative regulatory instruments
Daniel H. Cole and Peter Z. Grossman

3. Public and private interactions in global environmental governance
Orr Karassin and Oren Perez

4. Distributional concerns in environmental policy instruments
Suryapratim Roy

5. Monitoring, enforcement, and the choice of environmental policy instruments
Mark A. Cohen and Jay P. Shimshack

6. Designing public participation in the policy process: a critical review of procedural instrument theory
Michael Howlett and Ishani Mukherjee

7. Politics and policy instrument choice
Richard C. Feiock and Hongtao Yi

8. Behavioural instruments in environmental regulation
Arden Rowell

9. Transaction costs considerations in instrument choice, design and implementation
Laura M.J. McCann

PART 2 - Examining the Environmental Policy Instruments
10. The range of policy instruments
Kenneth R. Richards

Instruments to Change Behavior
11. Explaining the persistence of ‘command-and-control’ in US environmental law
Daniel H. Cole

12. Environmental taxes
Janet E. Milne

13. Prices versus quantities
Shi-Ling Hsu

14. Subsidies and the environment
Tracey M. Roberts

15. Public and private procurement in environmental governance
Sarah E. Light and Eric W. Orts

16. The role of tort law in environmental and public health governance
Adam D.K. Abelkop

17. Property rights
Bruce Huber

18. Emissions trading: design, diffusion and drawbacks
Edwin Woerdman

Instruments to Create and Disseminate Information
19. Patents as environmental policy instruments
Carlos M. Correa

20. Management-based regulation
Cary Coglianese and Shana Starobin

21. Mandated information – reporting
Bradley C. Karkkainen

Instrument Mixes, Hybrids, and Blends
22. Environmental offset programmes
Kenneth R. Richards

23. Regulatory pluralism and regulatory mix
Neil Gunningham and Darren Sinclair

24. Voluntary environmental agreements
Stephanie Hayes Richards and Kenneth R. Richards

25. Deposit-refunds
Hilary Sigman

International Issues in Policy Instruments
26. Linking of climate change policies
Stefan E. Weishaar

27. Environmental protection through legal acts and instruments by the European Union
Nicolas de Sadeleer

Index

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eISBN: 978 1 78536 568 3
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