Pub Date : 2020-06-01DOI: 10.4337/9781785365683.VIII.13
Shi-Ling Hsu
Within the world of market mechanisms, two parallel ideas have been formative in the developing discourse on environmental policy: a "price instrument" through a Pigouvian tax, and a "quantity instrument" through a Dalesian emissions trading instrument. Over time, these simple theoretical ideas have developed variants out of political and administrative necessity, which have blurred distinctions and sometimes detracted from the environmental and economic advantages of market mechanisms. That said, a juxtaposition of price instruments with quantity instruments is useful for comparing the administrative and welfare implications. This chapter reviews the relative advantages and disadvantages of price and quantity instruments, with a special concern for climate policy.
{"title":"Chapter VIII.13: Prices versus quantities","authors":"Shi-Ling Hsu","doi":"10.4337/9781785365683.VIII.13","DOIUrl":"https://doi.org/10.4337/9781785365683.VIII.13","url":null,"abstract":"Within the world of market mechanisms, two parallel ideas have been formative in the developing discourse on environmental policy: a \"price instrument\" through a Pigouvian tax, and a \"quantity instrument\" through a Dalesian emissions trading instrument. Over time, these simple theoretical ideas have developed variants out of political and administrative necessity, which have blurred distinctions and sometimes detracted from the environmental and economic advantages of market mechanisms. That said, a juxtaposition of price instruments with quantity instruments is useful for comparing the administrative and welfare implications. This chapter reviews the relative advantages and disadvantages of price and quantity instruments, with a special concern for climate policy.","PeriodicalId":297115,"journal":{"name":"Elgar Encyclopedia of Environmental Law","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132338749","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-01DOI: 10.4337/9781785365669.VI.44
R. Kibugi
{"title":"Chapter VI.44: Common but differentiated responsibilities in a North-South context: assessment of the evolving practice under climate change treaties","authors":"R. Kibugi","doi":"10.4337/9781785365669.VI.44","DOIUrl":"https://doi.org/10.4337/9781785365669.VI.44","url":null,"abstract":"","PeriodicalId":297115,"journal":{"name":"Elgar Encyclopedia of Environmental Law","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122307422","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-01DOI: 10.4337/9781785365669.VI.33
S. Atapattu
{"title":"Chapter VI.33: Environmental law principles in Asia","authors":"S. Atapattu","doi":"10.4337/9781785365669.VI.33","DOIUrl":"https://doi.org/10.4337/9781785365669.VI.33","url":null,"abstract":"","PeriodicalId":297115,"journal":{"name":"Elgar Encyclopedia of Environmental Law","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121736318","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-01DOI: 10.4337/9781785365669.VI.3
T. Fajardo
{"title":"Chapter VI.3: Environmental law principles and general principles of international law","authors":"T. Fajardo","doi":"10.4337/9781785365669.VI.3","DOIUrl":"https://doi.org/10.4337/9781785365669.VI.3","url":null,"abstract":"","PeriodicalId":297115,"journal":{"name":"Elgar Encyclopedia of Environmental Law","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131959853","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-01DOI: 10.4337/9781785365669.vi.00005
M. Faure
It is a true pleasure for me to introduce this fascinating volume on the principles of environmental law. To assemble a volume on a topic which seems at first blush more theoretical, or even abstract, is by no means an easy task. Yet the editors and contributing authors have created an excellent collection of essays covering all relevant aspects of the principles of environmental law. Dealing with those principles is undoubtedly complicated. On the one hand, principles are by nature vague and not always concrete; on the other hand the principles of environmental law also constitute the foundations, the true backbone, on which the entire environmental legal system is built. In their Introduction the editors rightly mention that not only is environmental law a relatively young and new discipline, but the same is undoubtedly the case for environmental principles. A few decades ago, most of the principles were unheard of. As a result, it is only relatively recently that those principles have been elaborated and developed, largely as a result of legal doctrine, but partially also via case law from numerous jurisdictions. The present volume demonstrates the existence of no less than 25 principles of environmental law. For good reasons the editors did not limit themselves to such traditional and more familiar principles as prevention at source, or polluter pays, but also drew upon related domains including international cooperation and good governance, which have also contributed principles of crucial importance for environmental law and policy. The editors and contributors have, in the first instance, provided legal interpretation of the specific principles addressed in the volume. But they have gone further to present the principles in a broader context and to relate, for example, the polluter-pays principle to economic analysis and interpretation. Similarly, the precautionary principle is presented in the context of risk analysis. It is precisely through such a multi-disciplinary approach towards environmental law principles that a richer interpretation can be provided. The principles of environmental law can be found in various legal sources. To an important extent they have been incorporated in international environmental agreements, as is made clear in the chapters contained in Part 4 of this volume. Treaty makers appear to attach great attention to the principles in the context of international conventions. But in addition, as is made clear in Part 3, principles of environmental law can also be found at the domestic level. Valuable examples from six jurisdictions are provided to show how the principles have also been integrated in national settings. Critical voices could always ask to what extent principles are at all able to shape environmental policy in a concrete manner. The problem is that to a large extent environmental principles may guide the policy-maker in creating specific obligations in environmental law, even when no explicit referenc
{"title":"Foreword to Volume VI","authors":"M. Faure","doi":"10.4337/9781785365669.vi.00005","DOIUrl":"https://doi.org/10.4337/9781785365669.vi.00005","url":null,"abstract":"It is a true pleasure for me to introduce this fascinating volume on the principles of environmental law. To assemble a volume on a topic which seems at first blush more theoretical, or even abstract, is by no means an easy task. Yet the editors and contributing authors have created an excellent collection of essays covering all relevant aspects of the principles of environmental law. Dealing with those principles is undoubtedly complicated. On the one hand, principles are by nature vague and not always concrete; on the other hand the principles of environmental law also constitute the foundations, the true backbone, on which the entire environmental legal system is built. In their Introduction the editors rightly mention that not only is environmental law a relatively young and new discipline, but the same is undoubtedly the case for environmental principles. A few decades ago, most of the principles were unheard of. As a result, it is only relatively recently that those principles have been elaborated and developed, largely as a result of legal doctrine, but partially also via case law from numerous jurisdictions. The present volume demonstrates the existence of no less than 25 principles of environmental law. For good reasons the editors did not limit themselves to such traditional and more familiar principles as prevention at source, or polluter pays, but also drew upon related domains including international cooperation and good governance, which have also contributed principles of crucial importance for environmental law and policy. The editors and contributors have, in the first instance, provided legal interpretation of the specific principles addressed in the volume. But they have gone further to present the principles in a broader context and to relate, for example, the polluter-pays principle to economic analysis and interpretation. Similarly, the precautionary principle is presented in the context of risk analysis. It is precisely through such a multi-disciplinary approach towards environmental law principles that a richer interpretation can be provided. The principles of environmental law can be found in various legal sources. To an important extent they have been incorporated in international environmental agreements, as is made clear in the chapters contained in Part 4 of this volume. Treaty makers appear to attach great attention to the principles in the context of international conventions. But in addition, as is made clear in Part 3, principles of environmental law can also be found at the domestic level. Valuable examples from six jurisdictions are provided to show how the principles have also been integrated in national settings. Critical voices could always ask to what extent principles are at all able to shape environmental policy in a concrete manner. The problem is that to a large extent environmental principles may guide the policy-maker in creating specific obligations in environmental law, even when no explicit referenc","PeriodicalId":297115,"journal":{"name":"Elgar Encyclopedia of Environmental Law","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131581315","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-01DOI: 10.4337/9781785365669.VI.24
Elisa Morgera
This entry will discuss the widespread diffusion of the concept of fair and equitable benefit-sharing in different areas of international environmental law (notably, but not limited to, biodiversity) and its linkages with international human rights law. It will then suggest that notwithstanding different articulations of benefit-sharing in different areas of international law, a common normative core can be identified on the basis of converging interpretative materials. The entry will conclude by discussing the status of fair and equitable benefit-sharing in international law and identifying outstanding research questions.
{"title":"Chapter VI.24: Fair and equitable benefit-sharing","authors":"Elisa Morgera","doi":"10.4337/9781785365669.VI.24","DOIUrl":"https://doi.org/10.4337/9781785365669.VI.24","url":null,"abstract":"This entry will discuss the widespread diffusion of the concept of fair and equitable benefit-sharing in different areas of international environmental law (notably, but not limited to, biodiversity) and its linkages with international human rights law. It will then suggest that notwithstanding different articulations of benefit-sharing in different areas of international law, a common normative core can be identified on the basis of converging interpretative materials. The entry will conclude by discussing the status of fair and equitable benefit-sharing in international law and identifying outstanding research questions.","PeriodicalId":297115,"journal":{"name":"Elgar Encyclopedia of Environmental Law","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131781373","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-01DOI: 10.4337/9781785365669.VI.39
T. Stephens
{"title":"Chapter VI.39: Environmental principles and the International Court of Justice","authors":"T. Stephens","doi":"10.4337/9781785365669.VI.39","DOIUrl":"https://doi.org/10.4337/9781785365669.VI.39","url":null,"abstract":"","PeriodicalId":297115,"journal":{"name":"Elgar Encyclopedia of Environmental Law","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133708073","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-01DOI: 10.4337/9781785365669.VI.6
R. Lefeber
This article explores the content of the responsibility of a state not to cause transboundary (environmental) harm to other states and areas beyond the limits of national jurisdiction. It will consider whether the admissibility of an activity may be affected as a result of the hazardous nature of an activity, the environ¬mental impact of an activity in the normal course of its operation, or the magnitude of the risk of adverse environmental effects associated with an activity. In addition to the admissibility of activities, the tolerable levels of harm and the (due diligence) nature of the responsibility will be addressed.
{"title":"Chapter VI.6: Responsibility not to cause transboundary environmental harm","authors":"R. Lefeber","doi":"10.4337/9781785365669.VI.6","DOIUrl":"https://doi.org/10.4337/9781785365669.VI.6","url":null,"abstract":"This article explores the content of the responsibility of a state not to cause transboundary (environmental) harm to other states and areas beyond the limits of national jurisdiction. It will consider whether the admissibility of an activity may be affected as a result of the hazardous nature of an activity, the environ¬mental impact of an activity in the normal course of its operation, or the magnitude of the risk of adverse environmental effects associated with an activity. In addition to the admissibility of activities, the tolerable levels of harm and the (due diligence) nature of the responsibility will be addressed.","PeriodicalId":297115,"journal":{"name":"Elgar Encyclopedia of Environmental Law","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132945421","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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