Environmental Enforcement Networks
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Environmental Enforcement Networks

Concepts, Implementation and Effectiveness

9781783477395 Edward Elgar Publishing
Edited by Michael Faure, Professor, Maastricht University and Erasmus School of Law, the Netherlands and Chairman of the Flemish High Council of Environmental Enforcement (VHRM), Brussels, Belgium, Peter De Smedt, Attorney at Law, LDR, Ghent, Belgium and An Stas, Permanent Secretary, Flemish High Council of Environmental Enforcement (VHRM), Brussels, Belgium
Publication Date: May 2015 ISBN: 978 1 78347 739 5 Extent: 576 pp
Compliance and enforcement is a fundamental issue within environmental law. But despite its pertinence, it is an area that has been neglected in academic research. Addressing this gap, this timely book considers the circumstances under which networking can increase the effectiveness of environmental enforcement.

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Critical Acclaim
Contributors
Contents
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Compliance and enforcement is a fundamental issue within environmental law. But despite its pertinence, it is an area that has been neglected in academic research. Addressing this gap, this timely book considers the circumstances under which networking can increase the effectiveness of environmental enforcement.

Presenting a general theory of how and why networking can increase the effectiveness of environmental enforcement, expert contributors ascertain the potential benefits of environmental enforcement networks. Specific criteria and benchmarks are provided, indicating under which circumstances networking may increase the competency of environmental enforcement. The book explores theoretical and empirical discussions of the benefits of networks, offering a discerning assessment of enforcement networks’ influence on environmental protection. It also examines issue based examples of networks, such as networks dealing with transboundary waste or wildlife. In addition to this, environmental enforcement in particular areas, such as the US, Europe, Australia or Africa, is considered.

Academics in environmental law and policy will benefit from this thorough overview of an important phenomenon. In addition, practitioners and policy makers will appreciate the valuable insights presented.
Critical Acclaim
‘For some time now, environmental enforcement networks have been part of the very fabric of environmental law. Yet, academic research has somewhat neglected them. This book is a game-changer. It shows just how “smart” enforcement networks have become, and indeed need to be, in the never-ending struggle for effectiveness of environmental protection: they operate horizontally or vertically, locally and globally, top-down and bottom-up, often through citizens engagement and always in search for greater effectiveness. The book’s contributions from a wide range of environmental scholars and professionals give the impression of a fascinating new development, i.e. the increasing role of civil society in global environmental governance.’
– Klaus Bosselmann, University of Auckland, New Zealand

‘This book is a fascinating and original study of a little known phenomenon of environmental enforcement networks. In 26 chapters of this volume the reader is presented with ample examples of environmental enforcement networks in the world. The editors of this book achieved a great success in presenting this question in almost all continents. The contributing authors of this book, theorists and practitioners, present an in–depth overview of the role of networks in compliance with environmental obligations. It is a very well-informed and honest book, from which a very complex picture of enforcement networks emerges. This volume is one of the most important and indispensable contributions to understanding the problem of the enforcement of environmental law in general.’
– Malgosia Fitzmaurice, Queen Mary University of London, UK

‘This book describes and analyses the various ways in which networking can increase the effectiveness of environmental enforcement both nationally and internationally and the circumstances under which networks are most likely to be effective. In doing so it provides a valuable addition to the academic literature on the effectiveness of environmental enforcement, particularly where it provides multi-disciplinary and comparative perspectives.’
– Neil Gunningham, Australian National University, Australia
Contributors
Contributors: M. Angelov, B. Araba Adjei, G. Baldwin, K. Bergamini, S.E. Bromm, L. Cashman, T. Circelli, M. De Bree, H. De Haas, P. De Smedt, M. Faure, W. Fawcett, D. Fest Grabiel, J. Gemmell, J. Gerardu, F. Geysels, R.G. Heiss, E. Janssen, E.B. Kasimbazi, M. Koparova, D. Kopsick, L. Lavrysen, J. Lehane, X. Lu, G. Lubieniecki, K. Markowitz, P. Meerman, L. Mensah, J.C. Monckeberg, G. Opondo, L. Paddock, C. Pérez, G. Pink, H. Qin, H. Ruessink, Z. Savaşan, A. Stas, G.M. Vagliasindi, E. Van Asch, J. Yang, D. Zaelke

Contents
Contents:

PART I GENERAL THEORY
1. Environmental Enforcement Networks: Theory, Practice and Potential
Grant Pink

2. Better Regulation, Enforcement and Networking: Co-Dependency for the Global Environment
Campbell Gemmell

3. Connecting Cultures: Towards Sustainable Networking: Key Success Factors for Environmental Cooperation Across Cultures
Esther Janssen

4. The Role of Networks in Ensuring Compliance and Strengthening Coordination: A Comparative Analysis on INECE, ECENA, RENA and REC Turkey
Zerrin Savaşan

5. Evaluating and Assessing Environmental Enforcement Networks: Through Use of the Network Evaluation Matrix
Grant Pink and James Lehane

PART II BENEFITS OF NETWORKS
6. Towards a Critical Analysis of Environmental Enforcement Networks
James Lehane

7. Environmental Enforcement Networks: Their ‘Value Proposition’ During Times of Reducing Resources and Budgets
Grant Pink

8. Environmental Regulation and Enforcement Networks Operating in Tandem: A Very Effective Vehicle for Driving Efficiencies and Facilitating Knowledge Exchange and Transfer
Campbell Gemmell and Tony Circelli

9. Countering Transnational Organized Wildlife Crime: Regional and Sub-Regional Initiatives, Global Responses and the Need for More Effective Coordination
Edward Van Asch

10. Can Supervision and Enforcement Networks Make Self-Regulation Work?
Martin De Bree, Han De Haas and Paul Meerman

Part III THEMATIC NETWORKS
11. The Lusaka Agreement Task Force as a Mechanism for Enforcement Against Wildlife Crime
Emmanuel B. Kasimbazi

12. Huntington Geographic Enforcement/Compliance Initiative: A Case Study in Multi-Organisation Networking and Collaboration
Eugène Lubieniecki

13. The European Union Forum of Judges for the Environment
Luc Lavrysen

14. The Seaport Environmental Security Network: Facilitating International Enforcement Collaboration to Prevent Illegal Hazardous Waste Shipments Through Ports
Danielle F. Grabiel, Robert George Heiss, Meradith Koparova, Deborah Kopsick and Henk Ruessink

PART IV HORIZONTAL NETWORKS
15. North American Working Group on Environmental Enforcement and Compliance Cooperation: Moving from Capacity Building to Operational Activities
Deborah Kopsick and Susan Elizabeth Bromm

16. Informal Environmental Networking: The EPA Network Example
William Fawcett

17. Developing and Sustaining Environmental Compliance and Enforcement Networks: Lessons Learned from the International Network on Environmental Compliance and Enforcement
Jo Gerardu, Meredith Koparova, Kenneth Markowitz, Durwood Zaelke and Gunnar Baldwin, Jr

18. Environmental Inspections and Environmental Compliance Assurance Networks in the Context of European Union Environment Policy
Miroslav Angelov and Liam Cashman

19. Success and Failure Factors in Developing Effective Environmental Enforcement Networks: The Case of the East African Network for Environmental Compliance and Enforcement
Gerphas Opondo

PART V VERTICAL NETWORKS
20. Regional Environmental Enforcement Networks in the United States
LeRoy Paddock

21. Ghana’s Efforts at Environmental Enforcement Networks; Legal and Institutional Structures
Bernadette Araba Adjei and Larsey Mensah

22. Effective Networking, Formal versus Substantial Compliance, Conflicting Powers: Strength and Weakness of Environmental Criminal Provisions Enforcement Networks In Italy
Grazia Maria Vagliasindi

23. Domestic Environmental Enforcement Networks: The Practice of China
Xinyuan Lu, Hu Qin and Jun Yang

24. Environmental Enforcement Networking Efforts in Chile: Lessons Learnt and Challenges Ahead
Juan Carlos Monckeberg, Kay Bergamini and Cristian Pérez

25. Enforcement of Environmental Legislation by the Belgian Police
Frans Geysels

26. The Flemish High Council of Environmental Enforcement: The Role of an Environmental Enforcement Network in a New Coordinated Environmental Enforcement Landscape Within the Flemish Region, 2009-2014.
Michael Faure and An Stas

Concluding And Comparative Remarks
Michael Faure, An Stas and Peter De Smedt

Index




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