Compliance and Enforcement in Environmental Law

‘This volume presents a comprehensive coverage of the challenges in ensuring effective compliance and enforcement in environmental law from the international to the local level. It will make a significant contribution to the growing body of literature in this area and be of interest to practitioners, scholars and administrators alike. The IUCN Academy of Environmental Law is proud to join with Edward Elgar in the publication of this seminal work as the first in a new series based on the annual Colloquia of the Academy.’
– Rob Fowler, University of South Australia

‘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.’
– Michael G. Faure, Maastricht University, the Netherlands

The nations of the world are building the legal rules to stop pollution, protect biodiversity and promote sustainable development. But there is a gap between the rules and their compliance that must be closed if we are to protect the environmental foundation of our prosperity. This important collaboration between the IUCN Environmental Law Programme and INECE provides evidence and insights that will help judges, prosecutors, investigators and all who care about the planet, close the compliance gap.’
– Antonio Herman Benjamin, Justice, High Court of Brazil (STJ), Catholic University of Brasilia Law School, INECE and IUCN Commission

Contributors: S. Abed, P. Barreto, K. Bosselmann, B. Brito, K. Bubna-Litic, D. Craig, J.C. Cruden, A. du Plessis, W. du Plessis, B.S. Gelber, Y. Huaguo, M.I. Jeffery, C. Justice, M.A. Kaidonis, E. Kasimbazi, K. Khoday, L.J. Kotzé, S. Kravchenko, N. Li, Z. Lipman, F. Lu, M.J. Lynch, L.A. Malone, P.E. Manoa, H. McLeod-Kilmurray, J.G. Miller, A. Mumma, J. Nel, M. Peeters, B.J. Preston, G. Rose, D. Qun, M.M. Stahl, P.B. Stretesky, N.P. Stoianoff, C.F. Tamasang, Y. Tomtavala, X. Wang

Contents:

Introduction
Sheila Abed

PART I: COMPLIANCE WITH MULTI-LATERAL ENVIRONMENTAL AGREEMENTS
1. Interlinkages between Multi-Lateral Environmental Agreements: International Compliance Cooperation
Gregory Rose

2. Compliance and Enforcement of International Environmental Conventions in Australia
Zada Lipman

3. The Environmental Jurisprudence of International Tribunals: Does Sustainability Make a Difference?
Klaus Bosselmann

4. Giving the Public a Voice in MEA Compliance Mechanisms
Svitlana Kravchenko

5. Enforcing International Environmental Law through Domestic Law Mechanisms in the United States: Civil Society Initiatives Against Global Warming
Linda A. Malone

PART II: COMPLIANCE AND ENFORCEMENT STRATEGY
6. Doing What’s Important: Setting Priorities for Environmental Compliance and Enforcement Programs
Michael M. Stahl

PART III: COMPLIANCE AND ENFORCEMENT TOOLS
7. Organizational Liability for Environmental Crimes in Civil and Common Law Systems
Jeffrey G. Miller and Caroline Justice

8. Federal Civil Environmental Enforcement in the United States: Process, Players, and Priorities
John C. Cruden and Bruce S. Gelber

9. Does Self-Policing Improve Environmental Compliance?
Paul B. Stretesky and Michael J. Lynch

10. Solution to Compensation for Transboundary Pollution Damage: A Case Study on the Songhua River Pollution Accident
Wang Xi, Yang Huaguo and Fu Lu

11. Driving Compliance to and Enforcement of South African Legislation by Means of a Hybrid of ‘New’ Environmental Governance Instruments
Willemien du Plessis and Johan Nel

PART IV: ROLE OF THE COURTS
12. Lowering Barriers to Judicial Enforcement: Civil Procedure and Environmental Ethics
Heather McLeod-Kilmurray

13. Principled Sentencing for Environmental Offences
Brian J. Preston

PART V: ROLE OF LOCAL GOVERNMENT
14. Improving Environmental Protection in China: The Role of Green GDP in Encouraging Local Government Heads to Implement Environmental Law
Na Li

15. Environmental Compliance and Enforcement Measures: Opportunities and Challenges of Local Authorities in South Africa
Anél du Plessis

PART VI: ECONOMICS AND ECONOMIC INSTRUMENTS
16. The Enforcement of Greenhouse Gas Emissions Trading in Europe: Reliability Ensured?
Marjan Peeters

17. Globalization and the Evolution of Environmental Governance in China’s Socialist Market Economy
Kishan Khoday

PART VII: RESOURCE PROTECTION
18. Enforcement Against Illegal Logging in the Brazilian Amazon
Brenda Brito and Paulo Barreto

19. Judicial Enforcement of Liabilities and Responsibilities for Pollution Prevention and Remediation: No more ‘Business as Usual’ for South African Mines
Louis J. Kotzé

20. Legislation for Sustainable Forest Management in the Central African Sub-Region: What Prospects for Effective Implementation?
Christopher F. Tamasang

21. An Assessment of Marine Environmental Compliance and Enforcement in the Pacific Islands Region
Pio E. Manoa and Yoli Tomtavala

22. The Recognition and Enforcement of Indigenous Customary Law in Environmental Regimes and Natural Resource Management
Donna Craig and Michael I. Jeffery

PART VIII: CITIZEN SUITS AND PUBLIC INVOLVEMENT
23. Public Interest Litigation as a Mechanism for Enforcing Environmental Rights and Duties in Uganda
Emmanuel Kasimbazi

22. Legislation, Citizens’ Rights, and the Self-Determination of a Developing Country: A Papua New Guinean Case Study
Mary A. Kaidonis and Natalie P. Stoianoff

23. Environmental Public Participation in China: A New Force for Environmental Law Compliance and Enforcement?
Qun Du

24. The Role of Local Communities in Environmental and Natural Resources Management: The Case of Kenya
Albert Mumma

PART IX: CORPORATE REPORTING
25. Compliance and Enforcement Related to Mandatory Corporate Reporting Requirements: Is There a Future?
Karen Bubna-Litic

Index