Choosing a "best" Canadian environmental management strategy

2001 ◽  
Vol 28 (S1) ◽  
pp. 183-193
Author(s):  
Isobel W Heathcote

All human societies have laws, which may be written or unwritten. Those laws, and the mechanisms to enforce them, evolve as internal and external forces shape the society. Modern environmental regulatory frameworks are a complex mixture of traditional behavioural rules and newer benchmarks of environmental performance. Gradually, we have come to value the rules themselves above the goals they are intended to achieve. In fact, environmental improvement can be achieved in many ways, not just through traditional regulatory approaches. Traditional "command-and-control" regulation provides a useful backstop but is limited in its ability to encourage innovation. Newer approaches, including economic instruments, voluntary clean-up, and recognition programs, offer the means to encourage prevention, protection, and conservation, rather than resource wastage and reliance on end-of-pipe technology. A combination of command-and-control programs for minimum limits, coupled with economic incentives and voluntary compliance schemes for enhanced protection, may be the only viable environmental management strategy for the 21st century.Key words: environmental management, environmental law, pollution prevention, economic instruments, voluntary, compliance.

Author(s):  
Daniel Butt

This chapter examines the limitations of both command-and-control and market-based legal mechanisms in the pursuit of environmental justice. If the environment is to be protected to at least a minimally acceptable degree, approaches that focus on the coercive force of the state must be complemented by the development of an “ecological ethos,” whereby groups and individuals are motivated to act with non-self-interested concern for the environment. The need for this ethos means that the state is dependent on the cooperation of a wide range of non-state actors. Recent work on environmental governance emphasizes the delegation of aspects of governing to such actors and supports efforts to increase popular participation in governmental processes. The chapter therefore advocates a governance approach that seeks to rectify some of the limitations of state-led environmental law, while encouraging popular participation in a way that can encourage the development of an ecological ethos among the citizenry.


Author(s):  
Bettina Lange

This chapter examines the strengths and weaknesses of ‘command and control’ environmental standards. It argues that a key shortcoming of such standards is a ‘conceptualization gap’: i.e. limited conceptualizations of how the natural environment works, and how it is influenced by human actions. After considering a working definition of command and control standards, the chapter discusses their significance, how they are related to self-regulation and economic incentives, and their implementation deficit. The chapter then explains how applied science models that analyse environmental risks can help to close the ‘conceptualization gap’ that limits the significance and effectiveness of command and control environmental standards. It suggests that closing the conceptualization gap can involve to rely on integrated and harmonized standards, which, in turn, can be achieved by using the abstract, conceptual, and thus potentially trans-jurisdictional ‘language of science’. To this end, the chapter introduces the DPSIR (Drivers, Pressures, States, Impacts, and Responses) applied science model, describing its features and highlighting its limitations in providing an integrated view of environmental risks.


2009 ◽  
Vol 6 (1) ◽  
pp. 37-50 ◽  
Author(s):  
Michael Wenk

AbstractThe European Union's Eco-Management and Audit Scheme (EMAS) was envisioned as a panacea for the perceived ills facing the European Union (EU) at the time of its inception. Its manifest purpose was to more comprehensively administer environmental management and compliance, to help ensure a uniform set of environmental performance across the entire EU. The scheme, together with the Eco-Label, the other EU voluntary tool, was developed as a complement to traditional 'command-and-control' legislation. While noble and ambitious in its design, EMAS has failed to become the shining light of environmental management which it was designed to be, and instead has devolved into a second class citizen. While the ongoing revision, EMAS III, offers some hope for the future, the program as a whole remains burdened by inefficiency and impracticality. The Scheme must expand in scope, and include motivations and rewards for incorporating such pressing ideas as CSR, or it will be doomed to the ash heap of history.


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