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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.
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