Environmental Regulation

Edited by John McEldowney, Professor of Law, University of Warwick, UK and Sharron McEldowney, Emeritus Fellow, formerly University of Westminster, UK

‘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.’

• ContentsAcknowledgementsIntroduction Regulating the Environment: 21st Century Challenges John McEldowney and Sharron McEldowneyPART IENVIRONMENTAL REGULATION, SUSTAINABLE DEVELOPMENTAND 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 fromNational Planning Efforts in Britain, China, and the USA’PART IIMODELS 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 IIIENVIRONMENTAL 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 VREGULATION 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 VIENVIRONMENTAL 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 VIIENVIRONMENTAL 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 VIII21ST 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’