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Environmental Law Enforcement Alliances in Middle Income Countries

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

39 Pages Posted: 15 Dec 2013 Last revised: 18 Mar 2014

Benjamin van Rooij

University of California, Irvine School of Law

Lesley K. McAllister

University of California, Davis - School of Law

Date Written: December 12, 2013

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.

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

JEL Classification: K32, K42

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: https://ssrn.com/abstract=2367104

Benjamin Van Rooij (Contact Author)

University of California, Irvine School of Law ( email )

401 E. Peltason Dr.
Ste. 1000
Irvine, CA 92697-1000
United States

Lesley K. McAllister

University of California, Davis - School of Law ( email )

400 Mrak Hall Dr
Davis, CA CA 95616-5201

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