Next-Generation Environmental Regulation: Law, Regulation, and Governance

Posted: 18 Nov 2016

See all articles by Neil Gunningham

Neil Gunningham

School of Regulation & Global Governance (RegNet)

Cameron Holley

UNSW Sydney, Faculty of Law, Connected Waters Initiative Research Centre, Global Water Institute; University of New South Wales (UNSW) - Faculty of Law

Date Written: October 2016

Abstract

This article analyzes more than four decades of environmental law, regulation, and governance in various Anglo-Saxon and global jurisdictions. It shows how, after the heydays of law and command and control and the swing to economic instruments, voluntarism, and light-handed initiatives, new phases evolved — their most important manifestations being pluralistic regulation, new technologies, compliance, and new governance. It shows how each of the frameworks examined proposes its own solutions and has something valuable to offer, as well as its own limitations. The article concludes by discussing a fundamental challenge confronting the field, namely, how to orchestrate the many possible approaches and relationships available on the legal, regulatory, and governance spectrum.

Suggested Citation

Gunningham, Neil and Holley, Cameron, Next-Generation Environmental Regulation: Law, Regulation, and Governance (October 2016). Annual Review of Law and Social Science, Vol. 12, pp. 273-293, 2016. Available at SSRN: https://ssrn.com/abstract=2870889 or http://dx.doi.org/10.1146/annurev-lawsocsci-110615-084651

Neil Gunningham (Contact Author)

School of Regulation & Global Governance (RegNet) ( email )

Canberra, Australian Capital Territory 0200
Australia

Cameron Holley

UNSW Sydney, Faculty of Law, Connected Waters Initiative Research Centre, Global Water Institute ( email )

UNSW
Sydney, New South Wales 2052
Australia

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

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