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Author: Carolyn Abbot Publisher: Bloomsbury Publishing ISBN: 1847315097 Category : Law Languages : en Pages : 292
Book Description
Monitoring and enforcement issues must be analysed when determining the effectiveness of pollution control regulation, and clearly influence choices about how to regulate. This book demonstrates how an economic analysis of law enforcement can generate important insights into how best to enforce pollution control regulation. It seeks to provide a clear and accessible way into the law and economics literature on enforcement. More specifically, it uses Gary Becker's deterrence model which, by differentiating between two enforcement variables (namely the probability of apprehension and conviction and the severity of sanction), facilitates a comparison of the effectiveness of different enforcement tools in inducing desirable behaviour. As such, it provides a valuable analytical tool in considering how best to pursue cost-effective enforcement. Major themes to be addressed include Becker's deterrence model and expansions thereof, reasons for compliance, environmental enforcement strategies and the importance of a deterrence threat and formal pollution control law enforcement mechanisms such as prosecution and criminal sanctions, administrative mechanisms and civil liability. The book argues that in pursuing cost-effective enforcement much can be learned from examining enforcement practices in different jurisdictions, and to this end the author examines pollution control laws, enforcement strategies and sanctions in Australia, Canada and England and Wales. The book makes an important contribution to existing literature on environmental law enforcement, but its value extends beyond this. The theoretical framework adopted and the range of issues discussed make it of interest to regulatory and public law scholars more generally.
Author: Carolyn Abbot Publisher: Bloomsbury Publishing ISBN: 1847315097 Category : Law Languages : en Pages : 292
Book Description
Monitoring and enforcement issues must be analysed when determining the effectiveness of pollution control regulation, and clearly influence choices about how to regulate. This book demonstrates how an economic analysis of law enforcement can generate important insights into how best to enforce pollution control regulation. It seeks to provide a clear and accessible way into the law and economics literature on enforcement. More specifically, it uses Gary Becker's deterrence model which, by differentiating between two enforcement variables (namely the probability of apprehension and conviction and the severity of sanction), facilitates a comparison of the effectiveness of different enforcement tools in inducing desirable behaviour. As such, it provides a valuable analytical tool in considering how best to pursue cost-effective enforcement. Major themes to be addressed include Becker's deterrence model and expansions thereof, reasons for compliance, environmental enforcement strategies and the importance of a deterrence threat and formal pollution control law enforcement mechanisms such as prosecution and criminal sanctions, administrative mechanisms and civil liability. The book argues that in pursuing cost-effective enforcement much can be learned from examining enforcement practices in different jurisdictions, and to this end the author examines pollution control laws, enforcement strategies and sanctions in Australia, Canada and England and Wales. The book makes an important contribution to existing literature on environmental law enforcement, but its value extends beyond this. The theoretical framework adopted and the range of issues discussed make it of interest to regulatory and public law scholars more generally.
Author: Jamie Benidickson Publisher: Kluwer Law International B.V. ISBN: 9403518952 Category : Law Languages : en Pages : 234
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to legislation and practice concerning the environment in Canada. A general introduction covers geographic considerations, political, social and cultural aspects of environmental study, the sources and principles of environmental law, environmental legislation, and the role of public authorities. The main body of the book deals first with laws aimed directly at protecting the environment from pollution in specific areas such as air, water, waste, soil, noise, and radiation. Then, a section on nature and conservation management covers protection of natural and cultural resources such as monuments, landscapes, parks and reserves, wildlife, agriculture, forests, fish, subsoil, and minerals. Further treatment includes the application of zoning and land-use planning, rules on liability, and administrative and judicial remedies to environmental issues. There is also an analysis of the impact of international and regional legislation and treaties on environmental regulation. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for environmental lawyers handling cases affecting Canada. Academics and researchers, as well as business investors and the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative environmental law and policy.
Author: David R. Boyd Publisher: UBC Press ISBN: 0774851953 Category : Law Languages : en Pages : 489
Book Description
While governments assert that Canada is a world leader in sustainability, Unnatural Law provides extensive evidence to refute this claim. A comprehensive assessment of the strengths and weaknesses of Canadian environmental law, the book provides a balanced, critical examination of Canada's record, focusing on laws and policies intended to protect water, air, land, and biodiversity. Three decades of environmental laws have produced progress in a number of important areas, such as ozone depletion, protected areas, and some kinds of air and water pollution. However, Canada's overall record remains poor. In this vital and timely study, David Boyd explores the reasons why some laws and policies foster progress while others fail. He ultimately concludes that the root cause of environmental degradation in industrialized nations is excessive consumption of resources. Unnatural Law outlines the innovative changes in laws and policies that Canada must implement in order to respond to the ecological imperative of living within the Earth's limits. The struggle for a sustainable future is one of the most daunting challenges facing humanity in the 21st century. Everyone - academics, lawyers, students, policy-makers, and concerned citizens - interested in the health of the Canadian and global environments will find Unnatural Law an invaluable source of information and insight. For more information on Unnatural Law visit David Boyd's site, www.unnaturallaw.com.
Author: Robert Boardman Publisher: Oxford University Press, USA ISBN: Category : Nature Languages : en Pages : 406
Book Description
Now in its second edition, this book focuses on the character and significance of the politics and processes that underlie policy-making on the environment. It has been redesigned to reflect major trends and changes in environmental policy during the 1990s, such as the effects of budgetary restraints on environmental policy and the growing importance of the provinces as environmental policy actors.
Author: David R. Boyd Publisher: UBC Press ISBN: 0774824158 Category : Law Languages : en Pages : 338
Book Description
Canada has abundant natural wealth -- beautiful landscapes, vast forests, and thousands of rivers and lakes. The land defines Canadians as a people, yet the country has one of the worst environmental records in the industrialized world. Building on his previous book, The Environmental Rights Revolution (2012), David R. Boyd, one of Canada’s leading environmental lawyers, describes how recognizing the constitutional right to a healthy environment could have a transformative impact by empowering citizens, holding governments and industry accountable, and improving Canada’s green record. The overwhelming majority of the world’s nations now recognize environmental rights through laws, constitutions, treaties, or court decisions. Boyd explores Canada’s history of failed efforts to do the same within this international context and offers three pathways to constitutional recognition of the right to a healthy environment. This important and provocative book provides a blueprint for renewed leadership in protecting human health, the well-being of the planet, and the interests of future generations.
Author: Anneke Smit Publisher: UBC Press ISBN: 0774829346 Category : Social Science Languages : en Pages : 335
Book Description
At a time when pollution, urban sprawl, and condo booms are leading municipal governments to adopt prescriptive laws and regulations, this book lays the groundwork for a more informed debate between those trying to preserve private property rights and those trying to assert public interests. Rather than asking whether community interests should prevail over the rights of private property owners, Public Interest, Private Property delves into the heart of the argument to ask key questions. Under what conditions should public interests take precedence? And when they do, in what manner should they be limited? Drawing on case studies from across Canada, the contributors examine the tensions surrounding expropriation, smart growth, tree bylaws, green development, and municipal water provision. They also explore frustrations arising from the perceived loss of procedural rights in urban-planning decision making, the absence of a clear definition of “public interest,” and the ambiguity surrounding the controls property owners have within a public-planning system.
Author: Albert Breton Publisher: Edward Elgar Publishing ISBN: 1847209912 Category : Political Science Languages : en Pages : 679
Book Description
This book examines how different countries define and address environmental issues, specifically in relation to intergovernmental relations: the creation of institutions, the assignment of powers, and the success of alternative solutions. It also investigates whether a systemic view of the environment has influenced the policy-making process. The broad perspective adopted includes a detailed analysis of seventeen countries in six continents by scholars from a range of disciplines economics, political science, environmental science and law thus producing novel material that moves away from the conventional treatment of decentralisation and the environment in economic literature. Providing a comprehensive and up to date analysis of environmental governance worldwide, this book will be of great interest to researchers and students in environmental economics, environmental politics, governance and decentralisation. It will also appeal to practitioners and policymakers with responsibilities over the environment.
Author: Carolyn Abbot
Author: Carolyn Abbot
Author: Jamie Benidickson
Author: David R. Boyd
Author: Robert Boardman
Author: David R. Boyd
Author: Anneke Smit
Author: Environmental Emergencies Program (Canada)
Author: Albert Breton
Author: Canada. Parliament. House of Commons
Author: Canada. Environment Canada