Compliance and Enforcement in Environmental Law

Edited by Lee Paddock, Distinguished Professorial Lecturer in Environmental Law, The George Washington University Law School and Senior Advisor, International Network for Environmental Compliance and Enforcement, Environmental Law Institute, US, Du Qun, Research Institute of Environmental Law, Wuhan University, China, Louis J. Kotzé, Research Professor, North-West University, South Africa and Senior Professorial Fellow in Earth System Law, University of Lincoln, UK, Kenneth J. Markowitz, Akin Gump, Strauss, Hauer & Feld, LLP, US and Durwood Zaelke, founder and President, Institute for Governance and Sustainable Development (IGSD), US

’This is a remarkable collection of essays all focussing on compliance and enforcement in environmental law from different angles. The contributions provide important suggestions for increasing the effectiveness of environmental law and policy and the book will therefore undoubtedly be of great interest to anyone interested in increasing the effectiveness of environmental law.’

• Contents: IntroductionSheila AbedPART I: COMPLIANCE WITH MULTI-LATERAL ENVIRONMENTAL AGREEMENTS1. Interlinkages between Multi-Lateral Environmental Agreements: International Compliance CooperationGregory Rose2. Compliance and Enforcement of International Environmental Conventions in AustraliaZada Lipman 3. The Environmental Jurisprudence of International Tribunals: Does Sustainability Make a Difference?Klaus Bosselmann 4. Giving the Public a Voice in MEA Compliance MechanismsSvitlana Kravchenko5. Enforcing International Environmental Law through Domestic Law Mechanisms in the United States: Civil Society Initiatives Against Global WarmingLinda A. MalonePART II: COMPLIANCE AND ENFORCEMENT STRATEGY6. Doing What’s Important: Setting Priorities for Environmental Compliance and Enforcement ProgramsMichael M. Stahl PART III: COMPLIANCE AND ENFORCEMENT TOOLS7. Organizational Liability for Environmental Crimes in Civil and Common Law SystemsJeffrey G. Miller and Caroline Justice8. Federal Civil Environmental Enforcement in the United States: Process, Players, and PrioritiesJohn C. Cruden and Bruce S. Gelber9. Does Self-Policing Improve Environmental Compliance?Paul B. Stretesky and Michael J. Lynch10. Solution to Compensation for Transboundary Pollution Damage: A Case Study on the Songhua River Pollution AccidentWang Xi, Yang Huaguo and Fu Lu11. Driving Compliance to and Enforcement of South African Legislation by Means of a Hybrid of ‘New’ Environmental Governance InstrumentsWillemien du Plessis and Johan NelPART IV: ROLE OF THE COURTS12. Lowering Barriers to Judicial Enforcement: Civil Procedure and Environmental EthicsHeather McLeod-Kilmurray13. Principled Sentencing for Environmental OffencesBrian J. Preston PART V: ROLE OF LOCAL GOVERNMENT14. Improving Environmental Protection in China: The Role of Green GDP in Encouraging Local Government Heads to Implement Environmental LawNa Li15. Environmental Compliance and Enforcement Measures: Opportunities and Challenges of Local Authorities in South AfricaAnél du Plessis PART VI: ECONOMICS AND ECONOMIC INSTRUMENTS16. The Enforcement of Greenhouse Gas Emissions Trading in Europe: Reliability Ensured?Marjan Peeters17. Globalization and the Evolution of Environmental Governance in China’s Socialist Market EconomyKishan Khoday PART VII: RESOURCE PROTECTION18. Enforcement Against Illegal Logging in the Brazilian AmazonBrenda Brito and Paulo Barreto19. Judicial Enforcement of Liabilities and Responsibilities for Pollution Prevention and Remediation: No more ‘Business as Usual’ for South African MinesLouis J. Kotzé20. Legislation for Sustainable Forest Management in the Central African Sub-Region: What Prospects for Effective Implementation?Christopher F. Tamasang21. An Assessment of Marine Environmental Compliance and Enforcement in the Pacific Islands RegionPio E. Manoa and Yoli Tomtavala22. The Recognition and Enforcement of Indigenous Customary Law in Environmental Regimes and Natural Resource ManagementDonna Craig and Michael I. JefferyPART VIII: CITIZEN SUITS AND PUBLIC INVOLVEMENT23. Public Interest Litigation as a Mechanism for Enforcing Environmental Rights and Duties in UgandaEmmanuel Kasimbazi22. Legislation, Citizens’ Rights, and the Self-Determination of a Developing Country: A Papua New Guinean Case StudyMary A. Kaidonis and Natalie P. Stoianoff23. Environmental Public Participation in China: A New Force for Environmental Law Compliance and Enforcement?Qun Du24. The Role of Local Communities in Environmental and Natural Resources Management: The Case of KenyaAlbert MummaPART IX: CORPORATE REPORTING25. Compliance and Enforcement Related to Mandatory Corporate Reporting Requirements: Is There a Future?Karen Bubna-LiticIndex