Transnational Environmental Regulation and Governance: Purpose, Strategies and Principles

Description

A large and growing proportion of contemporary environmental regulation is transnational, which means that it is impossible to understand environmental governance without a firm grasp of the nature of transnational environmental regulation (TER). In this illuminating work, Veerle Heyvaert offers readers a comprehensive discussion of TER, including analysis of international environmental agreements, regional and EU regulation, private environmental regulation, and governance networks, arguing that TER is highly diverse but sufficiently cohesive to allow the identification of shared characteristics that establish TER as a model of regulation. The book uncovers the key features of TER, and analyses the various intentions of TER regulators, TER's governance principles and compliance strategies, using a newly developed activity-based methodology for regulatory analysis. This book should be read by anyone seeking to understand the strengths and weaknesses of transnational environmental governance and its contribution to sustainability. Cover Half-title Title page Copyright information Dedication Contents Preface Abbreviations 1 The Transformation of Environmental Regulation 1.1 The Quest for the Identity of Transnational Environmental Regulation 1.2 Drivers of Transnational Environmental Regulation 1.3 An Introduction to TER: The Case of Chemicals Control 1.4 Explanation of the Chosen Approach 1.5 The Transformation of Environmental Regulation: An Overview 2 The Concept of Transnational Environmental Regulation 2.1 Law and Regulation 2.2 When Are Law and Regulation Transnational? 2.3 Regulation in an Era of Transnational Governance 2.4 Five Continents of TER 2.4.1 Public TER Public/Public TER Public/Private TER 2.4.2 Private TER Private/Private TER Private/Public TER 2.4.3 Hybrid TER 2.5 Towards a Model of Transnational Environmental Regulation 3 Why Regulate beyond the State? 3.1 Why Regulate? 3.2 Why Regulate Transnationally? 3.3 The Intentions of Transnational Environmental Regulators 3.3.1 Overcoming Governance Challenges of National Environmental Regulation Collective Action TER Characteristics of Collective Action TER: Consensualism and a Bias Towards Lowest Common Denominator Decision Making Overcoming Consensualism in Collective Action TER: Institutionalisation, Managerialism and Hybridisation Profile 3.3.2 Trade Facilitation Trade Facilitation TER Characteristics of Trade Facilitation TER: Trading Up or Compromising? Trade Facilitation TER and the Challenge of Stagnation Profile 3.3.3 Addressing the State's Failure to Regulate Substitute TER Substitute TER and the Challenge of Vulnerability Responding to Vulnerability Through Bridging and Coalition-Building Strategies Profile 3.3.4 Risk Management Risk Management TER The Challenges of Risk Management TER: Lax Standard Setting; Managing Opportunities for Anti-Competitive Behaviour; and Compliance-Related Challenges Profile 3.3.5 Enhancing the Effectiveness of Environmental Regulation and Governance Enhancement TER Enhancement TER: The Challenges of Amplification, Complexity and Opacity Profile 3.4 Learning from the Regulator's Intentions 4 Strategies for Environmental Regulation: The Recursive Activities of Regulation 4.1 The Transformation of Environmental Regulatory Strategies 4.1.1 The Transformation of Regulatory Strategies: Development of the Standard Account 4.1.2 The Standard Account and Its Consequences 4.2 An Activity-Based Model of Regulatory Strategy 4.3 The Recursive Activities of Regulation 4.3.1 Defining Regulatory Goals 4.3.2 Normalisation Rules and Standards Variety in Standardisation Approaches Beyond Rules and Standards: Alternative Approaches to Standardisation; Entitlements; Allowances and Prices 4.3.3 Engagement: Communication, Bonding and Facilitation Communication Bonding Facilitation 4.3.4 Learning Feedback Assessment 4.3.5 Response Individualised Responses Systemic Responses Individualised and Systemic Responses as Strategic Alternatives 4.4 The Standard Account Retold 4.5 The Strengths of the Activity-Based Model of Regulation 5 The Activity-Based Model for TER Strategies Illustrated in Five Easy Pieces 5.1 The Paris Agreement 5.1.1 Goal Setting 5.1.2 Normalisation Principle-Based Standards Substantive Standards Procedural Standards Methodological Standards 5.1.3 Engagement 5.1.4 Learning 5.1.5 Response 5.2 The Fuel Quality Directive 5.2.1 Goal Setting 5.2.2 Normalisation 5.2.3 Engagement 5.2.4 Learning 5.2.5 Response 5.3 The Carbon Neutral Protocol 5.3.1 Goal Setting 5.3.2 Normalisation 5.3.3 Engagement 5.3.4 Learning 5.3.5 Response 5.4 The Compact of Mayors/Global Covenant of Mayors for Climate and Energy 5.4.1 Goal Setting 5.4.2 Normalisation 5.4.3 Engagement 5.4.4 Learning 5.4.5 Response 5.5 The Regional Greenhouse Gas Initiative 5.5.1 Goal Setting 5.5.2 Normalisation 5.5.3 Engagement 5.5.4 Learning 5.5.5 Response 5.6 Concluding Remarks 6 The Transformation of Environmental Regulatory Strategies 6.1 Transnational Environmental Networks of Regulation 6.2 The Complexity of Transnational Environmental Regulation 6.2.1 Rules, Standards, Allowances and Prices in TER 6.2.2 Engagement Strategies 6.2.3 Learning and Response in TER 6.3 Revisiting Assumptions about Environmental Regulation in the Light of Regulatory Complexity 6.4 Rethinking Compliance and Deterrence in the Transnational Sphere 6.5 Concluding Remarks 7 Transnational Environmental Regulation and the Challenge to Law 7.1 TER and the Challenge to Law Illustrated 7.2 Mapping the Impacts of Transnational Environmental Regulation on the Conventional Attributes of Law 7.2.1 Location: Transnational Environmental Regulation and the 'End of Geography' 7.2.2 Source: Transnational Environmental Regulation and the Triple Challenge to the State 7.2.3 Organisation: Transnational Environmental Regulation and the Dissolution of Disciplinary Divides 7.2.4 Function: Transnational Environmental Regulation and the Enhanced Reflexivity of Law 7.2.5 Structure: Transnational Environmental Regulation and Regime Polycentricity 7.3 Responding to Transnationalisation: Reclaiming, Reconstructing or Reconceptualising Law 7.3.1 Conservative and Defensive: Reclaiming Law Advantages and Disadvantages of Reclaiming Law 7.3.2 Conservative and Adaptive: Reconstructing Law Reconstructing Law: Strengths and Weaknesses 7.3.3 Creative and Adaptive: Reconceptualising Law The Organisation of Transnational Law The Plurality of Transnational Law The Functions and Structure of Transnational Law Reconceptualising Law: Strengths and Weaknesses 7.4 Concluding Remarks 8 Legal Principles for Transnational Environmental Regulation 8.1 The Challenges of Identifying Principles for TER 8.2 TER Principles: A Deductive Approach 8.2.1 International Environmental Law 8.2.2 Human Rights 8.2.3 Public Institutional Law: Constitutional Law, Administrative Law and International Public Law 8.3 TER Principles: An Inductive Approach 8.3.1 General Characteristics 8.3.2 Key TER Principles Transparency Participation Contestability Sound Science and Precaution Sustainability and Progression 8.4 A Managerial Turn in TER Governance 9 Environmental Regulation Transformed 9.1 The Identity of Transnational Environmental Regulation 9.2 TER and State Regulation 9.3 The Transformative Impact of TER: Reflections on Authority 9.4 The Transformative Impact of TER: Reflections on Legitimacy 9.5 The Transformative Impact of TER: Reflections on Effectiveness 9.6 Closing Remarks Bibliography Index