Implementing Environmental Law

Edited by Paul Martin, Director of the Australian Centre for Agriculture and Law, University of New England, Australia, and co-chair of the IUCN Academy of Environmental Law Research Committee and Amanda Kennedy, Professor of Law, Faculty of Law, Queensland University of Technology, Australia

'The effective implementation as distinct from the enforcement of environmental laws depends upon a range of discrete factors. These include institutional, cultural, social, economic, political as well as traditional legal influences and perspectives. This series of essays explains and analyses the theoretical underpinnings of the relationship between all of these factors and the methodology appropriate to determining in practice whether environmental laws are being implemented so that their objectives are being achieved. This involves a review of the growing theoretical literature and a discussion of a significant number of examples, international, regional, national and local, which assess the extent of effective implementation of the relevant legal rules. The strength of these essays is two fold: the depth of the theoretical discourse and the breadth of the indicative practical examples. These essays will add considerable grist to the intellectual mill of those interested in the perception of environmental governance as an emerging global system.'

• Contents:Introduction: A Jurisprudence of Environmental Governance?Paul Martin and Amanda Kennedy1. Accelerating the Evolution of Environmental Law through Continuous Learning from Applied ExperiencePaul Martin and Donna Craig 2. Assessing Environmental Governance of the Hudson River Valley: Application of an IPPEP ModelWang Xi, Richard L. Ottinger, Nicholas A. Robinson, Albert K. Butzel, Marla E. Wieder, John Louis Parker, Taryn L. Rucinski, Radina R. Valova and Wang Pianpian 3. Putting the Train of Environmental Protection on Track: Nova Scotia's Experiment in Using Legislation to Strengthen Environmental Law Meinhard Doelle and William Lahey4. Has Environmental Impact Assessment (EIA) Lost Credibility? Recent Concerns from Australia and CanadaWayne Gumley5. Contamination and the Polluter Pays PrincipleEmma Lees6. Possible Legal Obligations to ConsultTanya Howard and Solange Teles Da Silva 7. Implementing International Water AgreementsAlistair Rieu-Clarke and Josefin Gooch 8. Fouling Adam's Eden: A Legal Analysis of the Collective Action Challenge in Lake VictoriaOmondi Robert Owino 9. Marine Protection Treaties in Antarctic Waters: Fragmentation or Coordination in International Treaty ImplementationGregory Rose10. The Effectiveness of Instrument Mixes in Environmental Law: Insights from Ship-source PollutionJavier de Cendra11. Implementing Environmental Law and Collaborative GovernanceCameron Holley and Andrew Lawson 12. Private Environmental Enforcement: Using Supply Chain Requirements to Achieve Better Environmental OutcomesLeRoy Paddock and Molly Masterton 13. Hybrid Governance and ‘Wicked’ Natural Resource RisksPaul Martin and Peter Noble 14. Regulators Networks: Collaborative Agency Approaches to the Implementation and Enforcement of Environmental LawGrant Pink and Robyn BartelIndex