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Environmental regulation has come of age in recent decades as the blunt methods of command-andcontrol have been subjected to trenchant criticism from both economists and lawyers in the United States and Europe.As a result of this intellectual development, as well as continuing and increasing severity of environmental problems, there is a need for fresh thinking about regulatory methods that are rational from both economic and legal points of view.
This book focuses on the viability of one particular regulatory innovation—the use of agreements or contracts for environmental regulation—as it has been practised in the United States and Europe. The various contributions explore the general idea that certain kinds of environmental problems may best be addressed through contracts among interested parties, including representatives of various levels of government, business, local community and employment representatives, and public interest groups. The parties get together to discuss a particular problem and then agree to an agreement or contract designed to address key issues and interests. At least in some situations, this approach may yield greater flexibility, stronger commitment, and more creative outcomes than traditional command-and-control regulation. Experiments in the use of environmental contracts have begun on both sides of the Atlantic, a fact which makes the comparative study offered here especially timely and valuable.
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Environmental law has expanded drastically since its origins in the 1950s. Initially, it was the ratification of international treaties and conventions that provided environmental protections. However, in the 1970s, increased political and public concern spurred the European Community and the united States to create additional environmental protections by means of regulations, directives and statutes. Since that time, environmental law and policy-making has continued to grow into the impressive body of law it is today. This volume contains a comprehensive compilation of the most important international, European Community and US environmental law treaties and statutes. To promote comparative analysis and better law-making, the treaties and statutes are arranged thematically based on the ten most relevant points of action in today''s environmental policy: i.e., the general principles; environmental information, participation and justice; environmental and safety reports and classified installations; prevention and management of waste; atmospheric pollution; water pollution; noise pollution; nature conservation; environment and trade; environmental liability, labels and management systems.
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