ENVIRONMENTAL LAW & POLICY eJOURNAL
"Once and Future Nudges"
Missouri Law Review, Forthcoming
ARDEN ROWELL, University of Illinois College of Law
The nudge – a form of behaviorally-informed regulation that at-tempts to account for people’s scarce cognitive resources – has been explosively successful at colonizing the regulatory state. This Essay argues that the remarkable success of nudges as a species creates new challenges and opportunities for individual nudges that did not exist ten years ago, when nudges were new. These changes follow from the new fact that nudges must now interact with other nudges. This creates opportunities for nudge versus nudge battles, where nudges compete with other nudges for the scarce resource of public cognition; and for nudge & nudge symbiosis, where nudges work complementarily with other nudges to achieve greater good with fewer resources. Because of the potential for positive and negative interactions with other nudges, modern nudges should be expected to operate differently from ancestral nudges in important ways, and future nudges should be expected to operate more differently still. Policymakers should prepare to manage future positive and negative nudge-nudge interactions.
"Comparative Environmental Constitutionalism in South Asia"
PUSHPA KUMAR LAKSHMANAN, Nalanda University, Harvard University - Berkman Klein Center for Internet & Society, University of Delhi - Faculty of Law
The South Asian countries share many commonalities in terms of environmental problems and opportunities. Many of them share natural boundaries, biodiversity hotspots, inter-state water resources. The Himalayas influence the confluence of cultural and religious practices of Himalayan states. They also share socio-political and economic interests in many ways. Again, most of these countries were affected by colonial exploitation of their natural capital and they strive to come out of the impact of colonialism after independence. In this context, the Constitutions of these countries play a decisive role in shaping and directing their developmental priorities and environmental mandate. Many a time, they use the Constitution as a tool to protect the environment. The environmental judicial activism through public interest litigation in India, Sri Lanka, and Pakistan is a case in point. The Constitutions of all the South Asian Countries contain environmental obligations that pave the way for good environmental governance. Environmental constitutionalism provides a constitutional mandate to the State to protect and improve environment besides rolling out a rights-based approach for the citizens to live in a healthy environment. Against this backdrop, this chapter analyses the strategy of environmental constitutionalism in South Asian countries and examines their effectiveness and reach in shaping the pace of environmentally sustainable development in the South Asian region. This chapter also argues the relevance of ‘thick’ environmental constitutionalism vis-à-vis ‘thin’ environmental constitutionalism and suggests a strong regional cooperation through South Asian Association for Regional Cooperation (SAARC) and other initiatives.
"Globalization, Environment and Sustainable Development, in Global, European and Italian Perspectives"
MIRIAM ALLENA, Bocconi University - Department of Law
FABRIZIO FRACCHIA, Bocconi University - Department of Law
The paper focuses on the relationships between sustainable development and globalisation. In particular, after providing a definition of sustainable development, it shows that the duty of protection of future generations is not related merely with this concept, but with environmental law as a whole. As a consequence, solidarity of present generations vis-à-vis future ones represents a common theoretical substratum to both sustainable development and environmental law. Drawing upon ethics and environmental law research, the paper argues that sustainable development can be seen as a counterpart to globalisation, mitigating its effects and the biggest gap in the globalisation process, which is its lack of attention to human beings.
"A Legal Framework on Environmental Pollution Causes by Industries. Bangladesh Perspective"
MONIA HAQUE, South Asian University
Industrial pollution is a Buzzword of the present world. At the same time there needs industrial development along with the mitigation of pollution, but in practice, industries are increasing with pollutions although protection of pollution is lagging behind. The conservation of natural wealth is growing through the various processes without thinking about future. The abstract of this paper is to find out the present legal instruments regarding environmental pollutions, whether these are sufficient to prevent environmental pollutions or not. The reasons behind choosing this topic are that the industries of Bangladesh are increasing gradually although the existing legislations are not enough for protecting industrial pollutions; therefore there is no specific legislation under IEL to mitigate industrial pollutions. This paper tries to recapitulate both International and Domestic instruments of Bangladesh relating to the protection of the environment from industrial pollutions. As there are no specific legislations dealing with the industrial pollutions, so it tries to facilitate the need of specific legislation on this matter through mentioning critics of existing legislations.
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This eJournal distributes working and accepted paper abstracts dealing with research in the field of environmental law and policy.
Editors: Holly Doremus, University of California, Berkeley, and Peter S. Menell, University of California, Berkeley
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ENVIRONMENTAL & NATURAL RESOURCES LAW EJOURNALS
BERNARD S. BLACK
Northwestern University - Pritzker School of Law, Northwestern University - Kellogg School of Management, European Corporate Governance Institute (ECGI)
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Stanford Law School, Columbia Law School, European Corporate Governance Institute (ECGI)
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