Design for Regulation: Integrating Sustainable Production into Mainstream Regulation

Forthcoming in Daniel R. Cahoy and Jamison E. Colburn (eds.), Law and the Transition to Business Sustainability, Springer International Publishing (2014).

UCLA School of Law Research Paper No. 14-05

24 Pages Posted: 26 Apr 2014

See all articles by Timothy F. Malloy

Timothy F. Malloy

University of California, Los Angeles (UCLA) - School of Law

Date Written: April 24, 2014

Abstract

This chapter asks what is needed to craft effective legal frameworks that take the notion of sustainable production seriously. Getting to an answer requires consideration of three questions. First, what do we mean by “sustainable production” in terms of a definition and fundamental principles? Here the chapter adopts a definition and examines three central principles: life cycle thinking, integration of environmental, social and economic concerns, and a preventive orientation. Second, what types of mandatory regulation can be used to advance sustainable production in accord with the fundamental principles? In response the chapter provides an overview of forms of sustainability-based regulation, and maps them onto five existing regulatory programs that to various degrees reflect sustainable production concepts. Third, which of those forms of regulation should be used to advance sustainable production? Recognizing the breadth of this normative question, the chapter does not attempt to identify the optimal regulatory approach. Instead it offers a set of factors that may influence regulatory design in this context.

Keywords: environmental regulation, sustainable production, sustainable development, regulatory programs

Suggested Citation

Malloy, Timothy F., Design for Regulation: Integrating Sustainable Production into Mainstream Regulation (April 24, 2014). Forthcoming in Daniel R. Cahoy and Jamison E. Colburn (eds.), Law and the Transition to Business Sustainability, Springer International Publishing (2014).; UCLA School of Law Research Paper No. 14-05. Available at SSRN: https://ssrn.com/abstract=2428877

Timothy F. Malloy (Contact Author)

University of California, Los Angeles (UCLA) - School of Law ( email )

385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States
310-794-5278 (Phone)

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