Abstract

http://ssrn.com/abstract=2367104
 


 



Environmental Law Enforcement Alliances in Middle Income Countries


Benjamin Van Rooij


University of California, Irvine School of Law; University of Amsterdam - Faculty of Law

Lesley K. McAllister


University of California, Davis - School of Law

December 12, 2013

Law and Development of Middle Income Countries, edited by Tom Ginsburg and R.P. Peerenboom. Cambridge: Cambridge University Press, 2014, Forthcoming
UC Irvine School of Law Research Paper No. 2014-4

Abstract:     
This paper studies environmental enforcement innovations in China, Brazil, Mexico and Indonesia. It shows how in each of the five cases studied, the original enforcement authority was expanded as the enforcement authorities forged alliances with other private and public actors. The alliances have had different levels of success and offer hope that a broader approach to law enforcement in which administrative agencies are not replaced but rather made part of an alliance supporting the enforcement of environmental law may work well to overcome structural obstacles to environmental enforcement in MICs. The paper analyses both under what conditions alliances emerged, as well as their limits in the different socio-economic and political contexts of the MICs studied here. Finally, the paper analyses alliances in MICs and HICs comparatively finding that although the type of alliance may be similar, its goals and context of operation are not. This has important implications for the transfer of HIC ideas about new regulation, such as responsive regulation, co-regulation, or beyond compliance regulation, which were developed to deal with HIC problems and require adaptation in MICs.

Number of Pages in PDF File: 39

Keywords: environmental law, law and development, law enforcement, comparative law

JEL Classification: K32, K42

Accepted Paper Series





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Date posted: December 15, 2013 ; Last revised: March 18, 2014

Suggested Citation

van Rooij, Benjamin and McAllister, Lesley K., Environmental Law Enforcement Alliances in Middle Income Countries (December 12, 2013). Law and Development of Middle Income Countries, edited by Tom Ginsburg and R.P. Peerenboom. Cambridge: Cambridge University Press, 2014, Forthcoming; UC Irvine School of Law Research Paper No. 2014-4. Available at SSRN: http://ssrn.com/abstract=2367104

Contact Information

Benjamin Van Rooij (Contact Author)
University of California, Irvine School of Law ( email )
535A Administration
Irvine, CA 92697-1000
United States
University of Amsterdam - Faculty of Law ( email )
Oudemanhuispoort 4-6
Amsterdam, 1012CN
Netherlands
0031 20 525 3472 (Phone)
HOME PAGE: http://jur.uva.nl/nclc
Lesley K. McAllister
University of California, Davis - School of Law ( email )
400 Mrak Hall Dr
Davis, CA 95616-5201
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