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Consensus is growing internationally that traditional
command-and-control approaches to environmental regulation have
borne much of their low-hanging fruit. Yet it is far from clear
what should complement or replace them. Regulatory agencies and
policy-makers are struggling with a lack of information about
regulatory reform, about what works and what doesn't, and about how
best to harness the resources of both government and non-government
stakeholders. Progress is being impeded unnecessarily by a lack of
shared knowledge of how similar agencies elsewhere are meeting
similar challenges and by a lack of data on the success or
otherwise of existing initiatives. Despite recent and valuable
attempts to deal with such problems in the European Union and North
America, these remain islands of wisdom in a sea of ignorance. For
example, when it comes to dealing with small and medium-sized
enterprises, very little is known, and what is known is not
effectively distilled and disseminated. Much the same could be said
about the roles of third parties, commercial and non-commercial, as
surrogate regulators, and more broadly of many current initiatives
to reconfigure the regulatory state. Based on the authors' work for
the OECD, Victorian Environmental Protection Authority and the
Western Australian Department of Environment Protection, Leaders
and Laggards addresses these problems by identifying innovative
regulatory best practice internationally in a number of specific
contexts, evaluating empirically the effectiveness of regulatory
reform and providing policy prescriptions that would better enable
agencies to fulfil their regulatory missions. Focusing primarily on
the differing requirements for both corporations and small and
medium-sized enterprises in North America and Europe, the book aims
to complement existing initiatives and to expand knowledge of
regulatory reform by showing: how existing experience can best be
put to practical use "on the ground"; by drawing lessons from
experiments in innovative regulation internationally; by reporting
and extrapolating on original case studies; and by advancing
understanding on which instruments and strategies are likely to be
of most value and why. The authors argue that the development of
theory has outstripped its application. In essence, Leaders and
Laggards aims to ground a myriad of theory on the reinvention of
environmental regulation into practice. The book will be essential
reading for environmental policy-makers, regulatory and other
government officials responsible for policy design and
implementation, academics and postgraduate students in
environmental management, environmental law and environmental
policy, and a more general readership within environmental policy
and management studies. It will also be of interest to those in
industry, such as environmental managers and corporate strategists,
who are considering the use of more innovative environmental and
regulatory strategies, and to environmental NGOs.
A bold and profoundly new way of governing environmental problems
is palpable around the globe and aims to overcome the limitations
of the interventionist state and its market alternative to offer
more effective and legitimate solutions to today's most pressing
environmental problems. The 'new environmental governance' (NEG)
emphasises a host of novel characteristics including participation,
collaboration, deliberation, learning and adaptation and 'new'
forms of accountability. While these unique features have generated
significant praise from legal and governance scholars, there have
been very few systematic evaluations of NEG in practice, and it is
still unclear whether NEG will in fact 'work', and if so, when and
how. This book offers one of the most rigorous research
investigations into cutting edge trends in environmental governance
to date. Focusing its inquiry around some of the most central,
controversial and/or under researched characteristics of NEG, the
book offers fresh insights into the conditions under which we can
best achieve successful collaboration, effective learning and
adaptation, meaningful participatory and deliberative governance
and effective forms of accountability. The book synthesizes its
findings to identify seven key pillars of 'good' NEG that are
central to its success and will provide useful guidance for
policymakers and scholars seeking to apply new governance to a wide
range of environmental and non-environmental policy contexts. The
book also advances our understanding of State governance and will
be a valuable reference for scholars, researchers and students
working in law and regulation studies - especially in the field of
environmental law.
Consensus is growing internationally that traditional
command-and-control approaches to environmental regulation have
borne much of their low-hanging fruit. Yet it is far from clear
what should complement or replace them. Regulatory agencies and
policy-makers are struggling with a lack of information about
regulatory reform, about what works and what doesn't, and about how
best to harness the resources of both government and non-government
stakeholders. Progress is being impeded unnecessarily by a lack of
shared knowledge of how similar agencies elsewhere are meeting
similar challenges and by a lack of data on the success or
otherwise of existing initiatives. Despite recent and valuable
attempts to deal with such problems in the European Union and North
America, these remain islands of wisdom in a sea of ignorance. For
example, when it comes to dealing with small and medium-sized
enterprises, very little is known, and what is known is not
effectively distilled and disseminated. Much the same could be said
about the roles of third parties, commercial and non-commercial, as
surrogate regulators, and more broadly of many current initiatives
to reconfigure the regulatory state. Based on the authors' work for
the OECD, Victorian Environmental Protection Authority and the
Western Australian Department of Environment Protection, Leaders
and Laggards addresses these problems by identifying innovative
regulatory best practice internationally in a number of specific
contexts, evaluating empirically the effectiveness of regulatory
reform and providing policy prescriptions that would better enable
agencies to fulfil their regulatory missions. Focusing primarily on
the differing requirements for both corporations and small and
medium-sized enterprises in North America and Europe, the book aims
to complement existing initiatives and to expand knowledge of
regulatory reform by showing: how existing experience can best be
put to practical use "on the ground"; by drawing lessons from
experiments in innovative regulation internationally; by reporting
and extrapolating on original case studies; and by advancing
understanding on which instruments and strategies are likely to be
of most value and why. The authors argue that the development of
theory has outstripped its application. In essence, Leaders and
Laggards aims to ground a myriad of theory on the reinvention of
environmental regulation into practice. The book will be essential
reading for environmental policy-makers, regulatory and other
government officials responsible for policy design and
implementation, academics and postgraduate students in
environmental management, environmental law and environmental
policy, and a more general readership within environmental policy
and management studies. It will also be of interest to those in
industry, such as environmental managers and corporate strategists,
who are considering the use of more innovative environmental and
regulatory strategies, and to environmental NGOs.
Traditionally, industry has been accused of sacrificing sustainable
development in the pursuit of short-term profit. Yet today, under
the banner of Corporate Environmental Responsibility (CER), a
growing number of business organizations are claiming to be part of
the solution rather than part of the problem. So, what is this
emerging phenomenon of CER and what does it aspire to achieve? How
pervasive is it and what are its implications for both business and
the environment? This collection of essential articles and papers
maps the development of the CER concept, traces the principal
debates concerning its contribution to environmental protection,
assesses the evidence as to what extent corporations are seeking to
"do well be doing good" and explains why some companies have gone
down this path when others, similarly situated, have been unwilling
to do so. In essence, it asks: what has CER accomplished, what can
it accomplish, and what is beyond its reach?
How much does regulation matter in shaping corporate behavior? This
pathbreaking, in-depth study of fourteen pulp manufacturing mills
in the United States, Canada, Australia, and New Zealand reveals
that steadily tightening regulatory standards have been crucial for
raising environmental performance. But while all firms have shown
improvement, some have improved more than others, many going
substantially beyond compliance. What explains the variation in
compliance? It's not necessarily the differences in regulation in
each country. Rather, variation is accounted for by the complex
interaction between tightening regulations and a social license to
operate (especially pressures from community and environmental
activists), economic constraints, and differences in corporate
environmental management style. Shades of Green provides the most
extensive and systematic empirical study to date of why firms
achieve the levels of environmental performance that they do.
How much does regulation matter in shaping corporate behavior? This
pathbreaking, in-depth study of fourteen pulp manufacturing mills
in the United States, Canada, Australia, and New Zealand reveals
that steadily tightening regulatory standards have been crucial for
raising environmental performance. But while all firms have shown
improvement, some have improved more than others, many going
substantially beyond compliance. What explains the variation in
compliance? It's not necessarily the differences in regulation in
each country. Rather, variation is accounted for by the complex
interaction between tightening regulations and a social license to
operate (especially pressures from community and environmental
activists), economic constraints, and differences in corporate
environmental management style. Shades of Green provides the most
extensive and systematic empirical study to date of why firms
achieve the levels of environmental performance that they do.
Drawing from experience internationally, on recent and important
developments in regulatory theory, and upon models and approaches
constructed during the author's empirical research, this book
addresses the question: how can law influence the internal
self-regulation of organisations in order to make them more
responsive to occupational health and safety concerns? In this
context, it is argued that Occupational Health and Safety
management systems have the potential to stimulate models of
self-organisation within firms in such a way as to make them
self-reflective and to encourage informal self-critical reflection
about their occupational health and safety performance. This book
argues for a two track system of regulation under which enterprises
are offered a choice between a continuation of traditional forms of
regulation and the adoption of a safety management system-based
approach on the other. The book concludes with a discussion of the
use of criminal and administrative sanctions to provide
organisations with incentives to adopt effective Occupational
Health and Safety management systems. The book proposes a wider
range of criminal sanctions and sentencing guidelines to ensure
employers receive sentencing discounts where they have introduced
effective management systems.
This volume assesses the legacy of the Robens Report, the
intellectual foundation of modern OHS law and practice in Australia
and many other countries, following the Reports 30th anniversary.
The authors confront the challenges facing OHS regulators and
stakeholders in a new and different world dominated by service
industries and globalisation rather than manufacturing industries
and protection. They explore new models of OHS regulation that take
account of gaps and deficiencies in the current arrangements. The
authors bring international expertise from the United Kingdom, New
Zealand and Scandinavia as well as Australia. They focus on the
kinds of regulatory strategies, including both OHS law and
enforcement policy, that are most likely to produce good OHS
outcomes in this changing world of work. Particular topics examined
are: the type, mix, content and coverage of OHS standards,
systematic OHS management and the development of organisational
capability, strategies for effective worker participation and
representation, strategies for effective worker participation and
representation, regulatory responses to changes in work
organisation, responsive enforcement and adapted inspection, and
restorative justice.
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