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Dissertations / Theses on the topic 'Environmental law'
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Mihalopoulos-Filippopoulos, Andreas. "Environment : autopoiesis, environmental law and the city." Thesis, Birkbeck (University of London), 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.271363.
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Lanegra, Quispe Iván Kriss. "Environmental damage in the General Environmental Law." Pontificia Universidad Católica del Perú, 2013. http://repositorio.pucp.edu.pe/index/handle/123456789/116482.
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This paper looks at environmental damage definition stipulated by Peruvian General Environmental Law as well as its implications for the environmental policy development. It also outlines complexities involved identifying environmental damage as much as designing and implementing public policies according to Peruvian legislation processing.El presente ensayo analiza la definición de daño ambiental querecoge la Ley General del Ambiente, así como sus implicancias para el desarrollo de la política ambiental. Describe las complejidades presentes en la identificación del daño ambiental así como en el diseño y aplicación de las políticas públicas relacionadas a su tratamiento en la legislación peruana.
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Huerta, Guerrero Luis Alberto. "Constitutionalization of environmental law." Pontificia Universidad Católica del Perú, 2013. http://repositorio.pucp.edu.pe/index/handle/123456789/116115.
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This article analyzes how Environmental Law can take intoconsideration some of fundamental rights study categories, by a constitutional point of view, particularly the right to a balanced and appropriate environment recognized in article 2, paragraph 22 of the 1993 Peruvian Constitution in order to develop policies oriented to implementation of constitutional legal status for environment rights and property.El presente trabajo analiza la manera en que el derecho ambiental puede tomar en consideración categorías propias del estudio de los derechos fundamentales desde una perspectiva constitucional, en particular del derecho al medio ambiente equilibrado y adecuado reconocido en el artículo 2, inciso 22, de la Constitución de 1993, con miras al desarrollo de las políticas orientadas a la concretización de los derechos y bienes jurídico constitucionales relacionados con el medio ambiente.
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Wang, Yu. "The making of Environmental law in China : The making of Environmental law in China." Thesis, Uppsala universitet, Institutionen för arkeologi och antik historia, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-309457.
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This thesis analyses the history of politics of environmental law in China and its applications today. Looking back at the formation of China's political system, from the administrative organ to the legal system, the thesis gives an overview of the long term roots in traditional political ideology in contemporary Chineses political practive. The history of enviromental law is discussed in detail and the complexity of central, provincial and local governments and legislative organizations is discussed, The negotiation between envoernment and enterprise, as a first part; through the environmental impact assessment law, and as a second part the relationship between government and individual referred to here as pubi participation is high lightened. I will analse in detail particular case studies such as the Xiamen PX project and the Tianjin explosions. As I will show although China's environmental protection department has regulatory responsibilities of unified supervision or nominal level and management of environmental protection this supervision exist only on a theoretical or nominal level and the negation betweeen different political interest on local, regional and national scale hampers the implementation of the environmental law in China.
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Мельник, Леонід Григорович, Леонид Григорьевич Мельник, Leonid Hryhorovych Melnyk, Вікторія Анатоліївна Лоза, Виктория Анатольевна Лоза, and Viktoriia Anatoliivna Loza. "The principles of environmental law." Thesis, Видавництво СумДУ, 2004. http://essuir.sumdu.edu.ua/handle/123456789/22950.
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Ellis, Jaye. "Soft law as topos : the role of principles of soft law in the development of international environmental law." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=37857.
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This dissertation addresses the impact of principles of soft law on the development of international regimes for environmental protection. It focuses on three such principles that have attracted a certain degree of consensus in international environmental law and are therefore influential in international environmental regimes: namely, the principle of common but differentiated obligations; the principle of common heritage of mankind and its corollary, the principle of common concern of humankind; and the precautionary principle. The regimes analysed are the Antarctic regime, the regime for control of trade in endangered species, the regime for protection of the stratospheric ozone layer, and the emerging regime governing conservation and management of straddling fish stocks. It is argued that these principles influence normative development in international environmental regimes through processes of discourse in which participants, both state and non-state actors, seek to determine the rules by which their mutual relations will be governed and their common interests protected. Such discourse also connects the evolution of legal rules with a broader set of concerns relating to the interest of human communities in achieving a certain level of environmental protection. In this respect, the legal rules may be contemplated within a moral framework in which members of international society seek to determine what they ought to do with respect to global environmental protection.
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K, Nilsson Annika. "Enforcing Environmental Responsibilities : A Comparative Study of Environmental Administrative Law." Doctoral thesis, Uppsala universitet, Juridiska institutionen, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-151797.
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This thesis is about the distrubution of responsibilities in the environmental law enforcement procedure, between the state and the individual environmental actor. The state and its public authorities have a fundamental environmental responsibility. This responsibility is nevertheless shared with the actors. Actor responsibilities include taking sufficient precautionary measures, and controling the own activities. This also covers responsibilities for knowledge and investigation, which are in focus in the thesis analysis. Such responsibilities are enforced by administrative authorities. Enforcement, however, also entails exercise of public power against the individual, and thus warrants proper procedure and safeguards of legal certainty. Such procedural responsibilities include ensuring decision making materials to support their exercise of authority. It also means that the authority has formulate clearly to the actor what their legal duties are, and what they need to do to avoid further enforcement. These administrative duties may entail the authority taking over the actor's information responsibilities under environmental law. Enforcement of actor responsibilities thus becomes inconsistent, or even contraproductive. This thesis comprises analysis of the meeting of environmental and administrative law in the enforcement situation. The analysis is focused on balancing effective implementation and enforcement of policy aims, and the safeguards of the individual's rights and freedoms. The aims is to find ways to coordingate instead of prioritising these objectives. The research is based on a comparative study and analysis of the enforcement systems of Sweden, the United Kingdom (England and Wales), and the Netherlands. The importance of distinguising between the different purposes and aims of the responsibilities is argued. Actor responsibilities for precaution and information should be recognised also in the enforcement procedure. A communicative enforcement procedure, and more purposive assessment of the proper distribution of responsibilities in the individual case may provide both effective enforcement and legal certainty.ENFORCE
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Azerrad, Cecilia. "Progresses and challenges of environmental law." Pontificia Universidad Católica del Perú, 2013. http://repositorio.pucp.edu.pe/index/handle/123456789/115466.
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Mehta, Dhvani. "The environmental rule of law in India." Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:730202ce-f2c4-4d2f-9575-938a728fe82a.
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This thesis offers a new conceptual framework - the environmental rule of law - to describe weaknesses in the development of Indian environmental law, and uses this description to critique the dominant discourse on environmental institutional reform. A secondary framework-fragmentation is also used to supplement the analysis of Indian environmental law. Part I develops the conceptual framework of the environmental rule of law by considering the special challenges that the inherent polycentric and interdisciplinary nature of environmental law present for commonly understood rule of law values such as clarity, certainty and consistency. It also relies on Jeremy Waldron's conception of articulated governance to demonstrate that the rule of law is linked to the principle of separation of powers. This conception lays emphasis on the role of the three institutions of government - the legislature, the executive and the judiciary - in strengthening or weakening the rule of law. To determine institutional contribution to the rule of law, I develop three broad indicators to assess the legal quality of the instruments of each of these institutions of government. These indicators are: a) capacity of statutes to guide executive and judicial behaviour by goal-setting and balancing competing interests; b) the ability of the executive to make flexible yet reasoned decisions grounded in primary legislation; and c) the use of statutory interpretation and consistent standards of judicial review by the courts as they give effect to environmental rights and principles. Through the use of case studies in Part II that span environmental impact assessment, forest conservation, and indigenous rights, I demonstrate that the lack of adherence to these indicators produces a body of environmental law that is fragmented i.e. one characterised by multiple overlapping yet self-contained legal regimes with conflicting provisions and the absence of unifying norms. In Part III, I use this understanding of fragmentation to critically analyse environmental legal and institutional reform proposals. I show that existing proposals address only the structure, rather than the process of functioning of the institutions of government. The rule of law framework that I develop also has potential for application to other areas of the law.
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Lin, Wei-Chung. "Defending the environment : civil society participation in resolving investment-related environmental claims." Thesis, University of Nottingham, 2016. http://eprints.nottingham.ac.uk/33652/.
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Today it is widely recognised that international investment activities can bring significant economic benefits for host countries. To promote a favourable investment climate, international organisations were set up to facilitate the settlement of foreign investment disputes, or to provide financial insurance for investors against non-commercial risks. Moreover, international financial institutions offer finance for governments or private enterprises to implement investment projects. States have also concluded international investment agreements to provide guarantees on the treatment and protection of foreign investors. Meanwhile, however, these investment activities can also create environmental problems for host countries and lead to human suffering. As states have been generally reluctant to take the initiative to secure effective implementation of environmental rules at the international level, allowing entities other than states to make environmental claims before international dispute settlement mechanisms offers practical approaches to protecting community interests and ensuring the fulfillment of international environmental standards in the course of international investment activities. This thesis considers the extent to which civil society organisations (CSOs) can promote, and have indeed promoted, environmental considerations in settling investment-related environmental claims through alternative means of dispute resolution on the international plane. It explores how CSOs have brought environmental perspectives in response to adverse impacts arising from investment activities. It also evaluates the implications of their claims for resolving relevant environmental issues and promoting compliance with international environmental standards during investment activities.
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Romson, Åsa. "Environmental Policy Space and International Investment Law." Doctoral thesis, Stockholms universitet, Juridiska institutionen, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-74521.
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This dissertation analyses the implications of international investment law on host states’ legal ability to protect the environment, regulate sustainable use of natural resources, and develop new approaches to manage environmental risks and uncertainties. ‘Environmental policy space’ is found to be a useful term when exploring the regulatory autonomy in this context. On one hand, investment law aims to ensure stability of the investment environment. On the other hand, environmental law needs flexibility to react to the degradation of the environment. It is found that those different aims do not have to be in conflict. There are useful mechanisms in national environmental law which provide for accessible, transparent and predictable decisions for the private actor. These mechanisms can fulfill the aim of stability in investment law. It is, however, concluded that core provisions of international investment treaties risk to put constraints to environmental law in a variety of ways. To diminish these risks, states, when concluding investment treaties, should make clear that constraining environmental regulation is not compatible with the overarching aim of sustainable development. Furthermore, the interpretation of provisions of investment protection must respect principles and instruments of environmental law not to continue being unbalanced towards investor interests. It is also concluded that allowing for investor – state arbitration, without the investor exhausting local remedies, will ignore the important national administrative review system of public environmental measures.
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Oraee-Mirzamani, Nikzad. "Sustainability, environmental law and rules-based systems." Thesis, Imperial College London, 2013. http://hdl.handle.net/10044/1/33129.
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The thesis aims to create a rule-based framework in order to facilitate corporate strategy making and regulatory drafting pertaining to sustainable development. To do so, the premise is set that business sustainability can be broadly categorised in four interdependent pillars, namely, Environmental, Economic and Social sustainability and Corporate Governance. Accordingly, four case studies are devised, each focusing on one of said areas of business sustainability in different industries and business sectors. The findings of each case study are instrumental to the final conclusions of the current thesis. Covering a vast array of examples in corporate behaviour with regards to business sustainability led to the understanding that industries and regulators suffer from a lack of a standardised approach to implement a common theme within sustainability. It is submitted that the current sustainability reporting standards do not distinguish between rules and advantageous reporting criteria. To alleviate this problem the thesis draws from the findings of each case study and devises a rules-based system which drafters of legislation and corporate sustainability strategists can benefit from as a set of guiding norms and principles to aid them in their implementing behaviours. These rules are discretionary in application and non-exhaustive; readers of said framework may choose which rules are most applicable and if so, how they would apply to their circumstances. Therefore, extensive opportunity for further research remains in order to complement the implementation of these rules.
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Williams, Angela. "The application of international environmental law for the achievement of environmentally sustainable tourism." Thesis, University of Nottingham, 2005. http://eprints.nottingham.ac.uk/13496/.
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This thesis analyses the relationship between tourism and the natural environment and explores ways in which the imbalance between the two may be redressed, with a view to achieving environmentally sustainable tourism. This involves a critical examination of the legal framework currently in place, so as to ascertain the relative effectiveness of presentday structures and organisations. First, both the tourism industry and the natural environment - as conceptual elements - are explored, including a review of their historical and comparative development over recent years. This provides a context within which the thesis can be placed and establishes the foundations upon which subsequent analysis may be built. Next, tourism is assessed in the context of the international legal system, in an attempt to evaluate how the international community has responded to the tourism phenomenon and, moreover, how the international legal system might apply to the various participants within the tourism industry. This provides a platform from which to evaluate, in greater detail, the applicability of international environmental law to tourism, assessing the relevant law currently regulating marine and atmospheric pollution, as well as species protection and habitat preservation. The final part of the thesis recognises the present ad hoc approach of international environmental law towards tourism, and questions whether there might exist some specific obligation for sustainable tourism within the international legal system. In order to assess this theory, the principle of sustainable development is employed as the framework concept from which sustainable tourism emanates, and allows for those various concepts which collectively constitute sustainable development to be analysed in light of sustainable tourism obligations. It is concluded that there are two primary areas where efforts to address tourism-generated environmental degradation should be concentrated. First, the World Tourism Organisation must adopt a stronger leadership position in respect of sustainable tourism and develop its role as a centralised mechanism for coordinating international and regional efforts to regulate and manage tourism activities. Secondly, there must be a concerted effort to further promote and develop the principle of `sustainable tourism', incorporating the legal rights and responsibilities embedded within this concept.
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Apolevič, Jolanta. "The Impact of the Principles of International Environmental Law on Nuclear Law." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2014~D_20140922_141136-97141.
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The thesis presents an investigation of the direct and indirect impact of environmental legal principles on international nuclear law and the regulation of nuclear activities, seeking to offer an up-to-date material for decision-making institutions and society on the main challenges that are necessary to overcome in order to reach the situation where nuclear energy could in the most effective way contribute to the implementation of environmental aims and where the environment could be adequately protected against any risks of the possible transboundary damage caused by nuclear activities developed for peaceful purposes (the analysis carried out in the thesis adopts an ecocentric rather than anthropocentric approach). The environmental legal principles chosen as an object for the analysis are those that provide for the guidelines and directions for the development of the international norms of nuclear law as well as lay down the regime for protecting natural environment (environmental safeguards) and international liability for environmental damage caused as a result of nuclear activities (i.e., the principles of cooperation, sustainable development, prevention, precaution, polluter pays, and the principle of information). After defining the points of interaction between international environmental law and nuclear law, the analysis proceeds with the examination of problems related to the evolution of environmental legal principles and their perspectives in the area of the... [to full text]Disertacijoje nagrinėjama tiesioginė ir netiesioginė aplinkos teisės principų įtaka tarptautinei branduolinei teisei ir branduolinės energetikos objektų reguliavimui, siekiant informuoti sprendimus priimančias institucijas ir visuomenę apie pagrindinius iššūkius, kuriuos reikia įveikti siekiant, kad branduolinė energetika kiek įmanoma veiksmingiau prisidėtų įgyvendinant aplinkosauginius tikslus, o aplinka būtų tinkamai apsaugota nuo taikiais tikslais vystomos branduolinės veiklos keliamos tarpvalstybinės žalos rizikos (analizės metu vyrauja ekocentrinis, o ne antropocentrinis požiūris). Analizės objektu pasirinkti tie aplinkos teisės principai, kurie numato gaires tarptautinėms branduolinės teisės normoms plėtotis, nustato gamtos apsaugos režimą (saugiklius) bei tarptautinę atsakomybę, atsirandančią dėl branduolinės energetikos objektų sukelto žalingo poveikio aplinkai (t.y. bendradarbiavimo, darnaus vystymosi, prevencijos, atsargumo, teršėjas moka ir informavimo principai). Nurodžius tarptautinės aplinkos teisės ir branduolinės teisės sąlyčio taškus, toliau nagrinėjamos problemos dėl aplinkos teisės principų raidos ir perspektyvų branduolinės energetikos objektų reglamentavimo srityje, pateikiama susijusi nacionalinių ir tarptautinių ginčų sprendimo institucijų dėl branduolinės energetikos objektų praktika, atsakoma į klausimą, kuris iš minėtų aplinkos teisės principų veikimo modelių – tiesioginis ar netiesioginis – yra veiksmingesnis siekiant įgyvendinti užsibrėžtus... [toliau žr. visą tekstą]
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Scotford, Eloise A. K. "The role of environmental principles in the decisions of the European Union courts and New South Wales Land and Environment Court." Thesis, University of Oxford, 2010. http://ora.ox.ac.uk/objects/uuid:23d02748-1197-4f33-a6c6-b98fdbf7c5d1.
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The thesis is a comparative legal analysis of environmental principles in environmental law. Environmental principles are novel concepts in environmental law and they have a high profile in environmental law scholarship. This high profile is promoted by two factors – the high hopes that environmental law scholars have for environmental principles, and the increasing prevalence of environmental principles in legal systems, particularly in case law. This thesis analyses the latter, mapping doctrinal developments involving environmental principles in two jurisdictions and court systems – the courts of the European Union and the New South Wales Land and Environment Court. This doctrinal mapping has both narrow and broad aims. Narrowly, it identifies the legal roles in fact taken on by environmental principles within legal systems. Broadly, and building on this assessment, it responds to scholarly hopes that environmental principles (can) perform a range of significant roles in environmental law, including solving both environmental problems and legal problems in environmental law scholarship. These hopes are based on assumptions about environmental principles that have methodological weaknesses, including that environmental principles are universal and that they fit pre-existing models of ‘legal principles’ drawn from other areas of legal scholarship. The thesis exposes these methodological problems and concludes that environmental principles are not panaceas for pressing and perceived problems in environmental law. It does this by showing that the legal roles of environmental principles, which are significant in environmental law and its current evolution, can only be understood by closely analysing the legal cultures in which they feature. This is a conclusion for environmental law scholarship generally – while environmental issues and problems may be urgent and often global, legal analysis of the law that applies to those problems requires close engagement with legal systems and cultures, as they are and as they develop.
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Gillespie, Al. "International environmental ethics : value and method in international environmental law and policy." Thesis, University of Nottingham, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.361026.
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Nowag, Julian. "Competition law, state aid law and free-movement law : the case of the environmental integration obligation." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:b14c7740-cac8-4084-acf8-86ff9c053e6c.
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This thesis investigates competition law, State aid law and free-movement law in their interaction with Article 11 TFEU’s obligation to integrate environmental protection requirements into all activities and policies of the Union. The Article is formulated in broad and sweeping terms which makes integrating environmental protection requirements complex and context-dependent. The challenge of integrating environmental considerations is further increased as such integration in competition, State aid and free- movement law is different from other areas of EU action. The three areas are the core provisions protecting the internal market by prohibiting certain actions of the Member States and undertakings. Unlike in other areas, the EU is therefore not in the position to develop or design the actions but has to scrutinise the measure according to pre-established parameters. To address this challenge, a novel functional approach to environmental integration is developed. The approach should facilitate a better understanding of environmental integration and in particular its application to competition law, State aid and free-movement law. An important element of this thesis equally the comparison between the three areas of law. It sheds light on conceptual issues that are not only relevant to the integration of environmental protection. The comparison advances the understanding in relation to questions such as how restrictions are defined and how the respective balancing tests are applied. The contribution of this research is therefore twofold. One the one hand, it compares how the different tests in competition, State aid and free-movement law operate, thereby offering opportunities for cross-fertilisation. On the other hand, this comparison and the improvements suggested as a result help to conceptualise environmental integration thereby paving the way for a more transparent and consistent integration of environmental protection in competition, State aid and free-movement law.
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A-Khavari, Afshin. "Environmental Principles and Change in International Law and Politics." Thesis, Griffith University, 2009. http://hdl.handle.net/10072/366628.
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Since the 1972 Declaration at United Nations Conference on the Human Environment, and subsequently the 1992 United Nations Declaration on Environment and Development, environmental principles have been frequently used at the international level in different institutional forums made up of a variety of actors including States and transnational corporations. There are a range of environmental principles which are either abstracted from broader episteme or established as open-textured norms within international environmental law and politics. Given how often they are used at the international level in negotiations, agreements, codes of conduct, or litigation within international courts and tribunals, this work studies whether as abstract and open-textured norms they have a role and function in changing international law and politics. It draws on the concept of social learning, in contrast to socialisation, as the dynamic for changing international law and politics. Environmental principles have to interplay with or constitute processes that can socially persuade or influence actors to establish interlocking beliefs, or to collectively identify with a particular culture. As such, what matters is how groups of actors create meaning from norms in their direct and diffuse interactions with each other, rather than whether individual actors comply with their obligations in accordance with environmental principles. Using three different case studies this work argues that environmental principles are significant for changing international law and politics. Their role and function in this process is relative to the weight and meaning that groups of actors give to them. As abstract and open-textured norms, environmental principles function as frames or structures for ideas and discourses which groups use to create meaning from. Their specific role and function during the interactions of actors’ is variable and depends on how they interplay with or constitute the processes that steer social learning. In this way, they can for example privilege certain discourses or provide groups with the creative impetus for the approaches that they might take to issues. Alternatively, they can establish the terms for how actors’ will socially associate a particular kind of membership within groups. Their versatility and flexibility in ideologically steering the common and collective responses of actors’ to protecting the environment from harm is essential to their significance in changing international law and politics.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Law
Arts, Education and Law
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Holznagel, Bernd. "Environmental mediation and negotiation : new approaches to the resolution of environmental disputes." Thesis, McGill University, 1985. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=65372.
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Chiu, Kam-ming. "Comparison of environmental law of China and Hong Kong /." Hong Kong : University of Hong Kong, 1997. http://sunzi.lib.hku.hk/hkuto/record.jsp?B18734790.
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Stech, Radoslaw. "Costs barriers to environmental judicial review : a study in environmental justice." Thesis, Cardiff University, 2013. http://orca.cf.ac.uk/47605/.
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The thesis analysed unique data collected in the Environmental Law Foundation (E.L.F.), a London-based charity with a network of legal advisers located throughout the UK. It had two main purposes: firstly, to prove that costs constitute a barrier to judicial review and; secondly, to understand better the concept of environmental justice in light of polycentricity. Environmental justice focuses on patterns of disproportionate exposure to environmental hazards and promotes increased access to information and participation in decision-making. Adjudication is said to have a limited role in achieving environmental equity as it rarely addresses issues of political and economic distribution. The thesis analysed the UNECE Aarhus Convention which is binding in the UK. It is alleged that the UK Government is in breach of the Convention’s third pillar which requires access to a review procedure not to be “prohibitively expensive” (art 9(4)). E.L.F. receives calls for support from primarily poor communities facing environmental problems and refers the viable ones to a legal adviser for free initial advice. The study reviewed 774 referrals focusing on 219 of these at various stages of judicial review. A half of these referrals received a negative opinion as to the prospects of success at judicial review and the remaining half were advised to proceed. In the latter pool there were 54 cases which were prevented by the cost barrier. A significant number concluded in out-of-court/in-court settlement. The latter sample consisted of planning law-based claims which are polycentric due to the variety of involved interests. The data was also matched with the Indices of Multiple Deprivation to show polycentricity. The findings were analysed through the participatory thesis of judicial review and the concept of limits of adjudication. Thus access to adjudication may create opportunities for engagement and contributes to achieving environmental justice.
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Zapata, Lugo Jose Vicente. "Sustainable development : a role for international environmental law." Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26232.
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This study portrays the vital role that sustainable development has in environmental protection. It is argued that, due to an unnecessary polarization of efforts, the success of sustainable development has been rather limited. Thus, after surveying the tension between the ecological, economic development and ethical dimensions of the concept, the author demonstrates the balancing role that international environmental law can have. Two hypotheses, the hypothesis of "concavity" and that of "convexity", are presented to contribute to a more appropriate understanding of the concept. A survey of international environmental agreements and instruments is undertaken in order to present sustainable development as a field in itself.It is further argued that sustainable development has not succeeded in enhancing environmental protection because of the erroneous efforts made to reduce it from a field of international environmental law to a norm of international environmental law. States, communities and individuals should be more concerned with developing new and firm principles in the field of sustainable development. These principles would eventually become the new norms of international and national law and thus, the cornerstone of an era of environmental protection that does not impinge upon the development that humankind is dependent upon.
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Riering, Wolfgang W. "Environmental obligations and bankruptcy in US-American law." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=67532.
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This work has tried to illustrate the clash between environmental obligations and bankruptcy law, between a strict liability and the possibility for a fresh start. The U.S. law has had a great opportunity to deal with this conflict but all the problems which have arised have not yet been solved. It will take decades a clear conceptualistic structure in this area of law to emerge.This thesis has suggested some ideas about how to treat these problems and may provide European lawyer with a view of the problems which will arise after the reception of CERCLA as a environmental protection law. Finally, it may help the legislator to avoid some of the American problems. My intention and the purpose of this work was not to solve a political conflict and to look at the lege ferenda. These questions should be determined by the legislator and it will be of great juridical assistance if this question is solved before enacting CERCLA.
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Turner, Adam John. "The role of reciprocity in international environmental law." Thesis, University of Cambridge, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.610765.
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Mackie, Colin P. N. "Corporate structures and environmental liability under EU law." Thesis, University of Aberdeen, 2013. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=201704.
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Within the context of UK company law, this thesis proffers a robust solution to the problem of: (1) corporate shareholders utilising the limited liability attained from their shareholding in a subsidiary; and (2) group companies utilising the separate legal personality of an affiliated company, to avoid financial liability under EU environmental law. Analysis is confined to the framework of environmental liability implemented by the Environmental Liability Directive (the ‘ELD’). The ELD is based on the polluter-pays principle. This principle seeks, inter alia, to ensure that the person(s) responsible for environmental damage or the imminent threat of such damage bear the costs of remedying and preventing it. Perversely, two doctrines of UK company law may hinder this and may even incentivise UK companies to externalise their ELD-related costs to society. First, each company is treated as a separate legal person with its own rights and obligations, distinct from those of its shareholder(s). Secondly, under the doctrine of limited liability, when the assets of a company are exhausted, generally, the liability of the shareholder(s) is limited to the amount, if any, unpaid on the share(s) in the company held by them. It is concluded that UK group companies engaged in the most environmentally dangerous activities could be prevented from avoiding financial liabilities arising under the ELD by mandating that they deposit unencumbered assets into an Environmental Damage Trust Fund in favour of the relevant competent authority as security and where funds remained insufficient, attributing the remaining costs to any entity within the corporate group which participated in, or constrained the decision-making of the polluter in relation to the environmentally damaging activity. It is contended that the proposed framework may establish a network of: (1) self-monitoring companies within the corporate group; (2) companies from which funds may be obtained for the satisfaction of the financial liability. This may have two self-perpetuating effects: first, it may promote the prevention of environmental damage by incentivising potentially responsible group members, through the threat of financial liability, to monitor the activity of a high-risk group entity so as to ensure that the activity is conducted in a safe manner. Secondly, it may aid the private remediation of environmental damage by expanding the pool of funds available to meet the financial liability.
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Chabert, Valentina <1997>. "Environmental accountability of multinational corporations in international law." Master's Degree Thesis, Università Ca' Foscari Venezia, 2021. http://hdl.handle.net/10579/20333.
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Il presente lavoro si pone un obiettivo specifico: determinare se, alla luce dell’attuale contesto di diritto internazionale, le società multinazionali possano essere ritenute responsabili per gravi danni ambientali generati dallo svolgimento delle loro attività e commessi sia dalle società controllate o dalle affiliate prevalentemente in paesi in via di sviluppo, in cui vengono delocalizzati i processi produttivi, sia dalla società madre stessa, che nella maggior parte dei casi è costituita secondo il diritto interno di un paese nel cosiddetto “Nord del mondo”. Allo stesso modo, questa tesi tenta di analizzare le possibili alternative di natura non vincolante e volontaria sviluppate sia a livello intergovernativo che regionale e aziendale, al fine di supervisionare le attività delle multinazionali e garantirne una condotta ecologicamente rispettosa.
Benché la comunità internazionale sia impegnata nella definizione di un quadro vincolante, numerosi impedimenti legati alla struttura delle multinazionali e alla loro controversa natura giuridica nel diritto internazionale hanno precluso lo sviluppo di una regolazione omogenea e direttamente applicabile all’impresa che ha perpetrato la condotta ambientale illecita. A tal proposito, iniziative volontarie e di soft law elaborate a livello inter-governativo, regionale e della comunità degli affari come codici di condotta e la dottrina della responsabilità sociale d’impresa si pongono come la principale alternativa per garantire l’ integrazione delle considerazioni ambientali all’interno dei processi decisionali delle aziende multinazionali a fronte della difficoltà di adottare strumenti di hard law omogeneamente condivisi. Tuttavia, sebbene tali iniziative rappresentino la base fondamentale su cui si fondano possibili successivi sviluppi normativi in materia e un punto di partenza verso una futura cristallizzazione del diritto, il potenziale governativo dei codici di condotta potrebbe risultare fortemente limitato. Parallelamente, il presente lavoro si è posto l’obiettivo di esplorare la crescente tendenza all’interno della comunità degli affari a convertire standard di responsabilità sociale ed ambientale in obbligazioni legali attraverso la loro incorporazione all’interno di clausole contrattuali. Ad ogni modo, nonostante la contrattualizzazione degli standard di protezione ambientale costituisca uno stratagemma rilevante per l’elevazione di tali codici da strumenti di soft law ad obbligazioni legali, tale pratica presenta ancora numerose limitazioni; inoltre, la presenza di obbligazioni contrattuali non è da ritenere efficientemente sostitutiva di un più ampio regolamento proveniente da entità Statali. È finalmente necessario sottolineare che le numerose iniziative volontarie di responsabilità sociale d’impresa sono state soggette ad ampie critiche riguardanti la loro efficacia a seguito della mancanza di sistemi indipendenti di verifica della conformità ai codici di condotta. Nonostante ciò, è possibile rimarcare la presenza di esempi virtuosi di iniziative volontarie che costituiscono una praticabile alternativa ad una costosa e prolungata azione giudiziaria, la cui effettività risulterebbe ulteriormente limitata dalla difficoltà di ricondurre la responsabilità alla società madre.
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Tiar, T. "The role of UNEP in the development of international environmental law." Thesis, University of Southampton, 1986. http://catalog.hathitrust.org/api/volumes/oclc/23366967.html.
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Thesis (Ph. D.)--University of Southampton, Faculty of Law, 1986.Typescript. Typescript Cover title. At head of title: University of Southampton, Faculty of Law. Includes bibliographical references (leaves 399-412).
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Johnson, Laurie T. "Perceptions of cost and distribution and the demand for environmental regulation /." Thesis, Connect to this title online; UW restricted, 1998. http://hdl.handle.net/1773/7449.
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Vlajic, Nebojsa. "Development of an environmental law curriculum for Kosovo universities." CONNECT TO THIS TITLE ONLINE, 2008. http://etd.lib.umt.edu/theses/available/etd-05162008-112405/.
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Leung, Kwok Wing. "A review of environmental law enforcement in Hong Kong /." Hong Kong : University of Hong Kong, 2001. http://sunzi.lib.hku.hk/hkuto/record.jsp?B23427115.
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Krause, Tanya. "EU Competition Law and Environmental Protection : Are environmental benefits considered in the assessment of Article101 TFEU?" Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-86505.
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Kuokkanen, Tuomas. "International law and the environment variations on a theme /." The Hague ; London : Kluwer Law International, 2002. http://www.ebrary.com/.
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Sisilana, Mzubanzi. "‘Public participation and environmental law: A South African perspective’." University of Western Cape, 2019. http://hdl.handle.net/11394/7591.
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Magister Legum - LLMThe Constitution of the Republic of South Africa ‘despite being one of the world’s most liberal constitutions, South Africans still have no transparent and participatory mechanisms for deciding democratically on the uptake of new technologies or development projects, even those which impact on millions of lives and livelihoods. There are limited opportunities for intervention in very circumscribed public participation processes, which are often derisory in the sharing of any sovereignty with citizens in the name of producing better public policy. When citizens are left out of debates confined to government and the business community, the only means of influencing policy is to petition, protest, or litigate, usually after the horse has bolted.’ Public participation is a very delicate issue in South Africa due to the history of the exclusion of certain people from the process of governance. When governments and business sectors make decisions about land development and natural resources, they certainly impact on the health, livelihoods and quality of life of local communities.
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Lawton, Amy. "Environmental taxation as a form of environmental protection : exploring the carbon reduction commitment." Thesis, University of Birmingham, 2018. http://etheses.bham.ac.uk//id/eprint/8491/.
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This thesis looks at the Carbon Reduction Commitment (CRC) Energy Efficiency Scheme. This is a green tax on energy consumption that targets large businesses not already covered by the EU ETS or CCAs. The CRC has been reformed on numerous occasions and will now come to an end in 2019. Importantly, the CRC has received relatively little academic attention, especially in legal scholarship. Drawing upon 31 original, semi structured interviews with regulatees, solicitors and the Environment Agency; and a quantitative analysis of emissions under the scheme, this PhD will begin to tell the story of how the CRC has been perceived by those who pay it. This is an account of how different regulatory aspects send deeper messages to regulatees. In particular, this thesis considers: stability; competence of the regulator; nudging; positive incentives; and the efficiency of the CRC. As such, this thesis draws on a wide range of literature in order to analyse the above themes in light of the original data from the empirical study. This thesis concludes that how regulation is packaged and presented to regulatees is critical and can affect how they engage with a regulatory scheme such as the CRC.
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Pevato, Paula Monica. "International law and the right to environment : encouraging environmental cooperation via the international protection of human rights." Thesis, London School of Economics and Political Science (University of London), 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.286363.
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This thesis revolves around one central question, the thesis' leilmotif. 'What is a right to environment in contemporary internationalegal theory and practiceT In the course of determining a right to environment's legal status, historical and modem human rights theories are considered. The author demonstrates that most writers have fallen into various rights traps, for instance, when they refrain from considering a right to environment as something other than a human right, such as a non-right, a concept of international environmental cooperation (IEC), or simply one of many goals of international human rights and environmental law and policy (Chapter 2). The author continues the examination of the leitmotif by consulting the sources of internationall aw enumeratedin Article 38(l) of the Statuteo f the InternationalC ourt of Justice, viz., custom, convention, general principles of law, and subsidiary sources Oudicial decisions and teachings of highly qualified publicists), from the perspective of the policy science school of thought. From this legal philosophical perspective, international law is viewed as a process, a system of authoritative decision-making wherein policy choices play a role, thereby expanding the analysis from a strict positive law perspective. Thus, in addition to the 'traditional' sources, the author conducts an exhaustive analysis of 'soft law' sources, including resolutions and declarations; conventional and extra-conventional mechanisms to international human rights treaties (States parties periodic reports, concluding observations, summary records, views in communications, general comments); conference reports, background studies; and conceptso f EEC,p articularly sustainabled evelopment,a mong others,f or indications of any consensuso n a right to environment( Chapters3 and 4). t The author's research is completed by a thorough analysis of many human rights tensions, such as the inherent restrictions within human rights treaty regimes themselves (viz., derogations, limitations, reservations, the principle of legality, drittwirkung, among others), or due to other tensions in public international law, most notably sovereignty issues and competing interests manifested as anthropocentricity, property rights, international trade, development, and aboriginal issues (Chapter 5). These tensions add further hurdles to a human right to environment's fulfilment. The author deduces from an examination of specific human rights, IEC concepts, case law, States parties' periodic reports, and other sources of international law, that the characteristicsa genericr ight to environmentm ight possessa lready exist within various substantive and procedural rights, whilst other attributes are more suitably addressed via a plethora of conventional mechanisms and policies pertaining to international law for the environment. A right to environment does not exist in international law, whether described as a human right, general principle of law, or otherwise. Its recognition would merely duplicate rights and obligations and is thereforeu nnecessaryT. he author concludes that the ultimate goal of a right to environment -- the attainment of a satisfactory quality of life within a healthy, ecologically balanced environment for present and future generations, all thriving in the human and natural worlds -- are encouraged without an expressly recognized right to environment.
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Thiratangsathira, Urasee. "The precautionary principle in international environmental law (with a special focus on the marine environment of Thailand)." Thesis, Queen Mary, University of London, 2010. http://qmro.qmul.ac.uk/xmlui/handle/123456789/405.
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Although rather recently-emerged principle in the history of international environmental law, arguably, the precautionary principle is more controversial than other principles. Many questions are still unanswered which make further examination of the precautionary principle necessary. In relation to the Law of the Sea, the precautionary principle has been summoned to restrict various marine activities relating to marine pollution, fisheries, and transports of radioactive and hazardous substances, etc. Indeed, the purpose of this study is to examine the present state of affairs regarding the implementation of the precautionary principle in the Law of the Sea, with a particular focus on marine pollution, in order to find a relationship therein. The thesis begins with an introduction into the history and some basic importance of the precautionary principle under general international law. It exemplifies the requirements for state practice as accepted custom, which would also be the applied standard for ultimately evaluating whether the precautionary principle has evolved into a rule of customary international law. Furthermore, in the subsequent part of the thesis, the implementations of the precautionary principle will be scrutinised through the (in-depth) analysis of treaties, declarations, resolutions, national laws and strategies (of Thailand, especially), which will paint numerous pictures of how the precautionary principle has been put into practice over the years. Finally, the main findings of these two parts are summarised. The study shows that despite its ambiguity, the precautionary principle has direct and primary relevance for environmental protection. It recognises a legal character in the concept further than legislative processes, and a flexibility of interpretation within legal rules to boost environmental protection both at the international and national levels. A large number of publications on the precautionary principle have been made over recent years, but the need for explanation still remains. It is not claimed, but merely hoped that the outcomes of this study will put certain things in order.
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Motloung, Tebogo Wilfred. "Human rights and international environmental law: Towards the development of an international environmental right?" University of the Western Cape, 2018. http://hdl.handle.net/11394/6543.
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Magister Legum - LLMThe global state of the environment is deteriorating daily because of challenges posed by environmental degradation, including climate change. In recognition of the mounting global environmental crisis and its detrimental impact on the enjoyment of human rights, there is a growing call for the recognition of what is generally referred to as a human right to a clean environment, otherwise referred to in this study as an international environmental right. Proponents of an international environmental right hold a firm view that such a right will prevent or mitigate actions that are responsible for environmental degradation and thus contribute to environmental protection. This study seeks to determine the nature of the relationship between the environment and human rights and whether the proposal for the recognition of an international environmental right to address global environmental concerns that pose a threat to the enjoyment of human rights has merit. In determining the viability of recognising an international environmental right, a number of theories underpinning the recognition of new international human rights, the status of the right in existing international human rights agreements, political willingness and support of states, the notion of global constitutionalism, customary international law sources such as soft law instruments, international declarations etc., are considered.
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Vedder, Hans Hermann Bernard. "Competition law and environmental protection in Europe towards sustainability? /." Groningen : Amsterdam : Europa Law Publishing ; Universiteit van Amsterdam [Host], 2003. http://dare.uva.nl/document/67768.
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Ng, Wei-wun Vivian, and 吳慧蘊. "Environmental law and the construction industry in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2000. http://hub.hku.hk/bib/B31972822.
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Chiu, Kam-ming, and 趙錦明. "Comparison of environmental law of China and Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1997. http://hub.hku.hk/bib/B31253702.
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Leung, Kwok Wing, and 梁國榮. "A review of environmental law enforcement in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2001. http://hub.hku.hk/bib/B31255000.
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Sharom, Azmi. "Compliance with International Environmental Law : three Malaysian case studies." Thesis, SOAS, University of London, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.398939.
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Page, Lisa Jane. "The enforcement of environmental law in England and Wales." Thesis, University of Plymouth, 2000. http://hdl.handle.net/10026.1/408.
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The control of environmentally damaging activities has become one of the most important areas for concern in recent years. The amount of legislation relating to this subject area has increased several-fold, with European Directives and domestic laws being introduced in response to pressure from a variety of avenues. Key studies on the enforcement of environmental law have been carried out. However, this work was undertaken prior to the expansion of legislative provisions at the start of the 1990s. In the light of this new legislation,n ew regulatorya genciesa, ndc hangingp ublic opinion, the following researcha imsw ere formulated: 1. To assess the approach to enforcement by regulatory agencies (co-operation versus confrontation). 2. To determinet he extent and rate of utilisation of enforcemenmt ethodsb y the regulatory authorities, and the reasons for non-utilisation. 3. To determine which factors influence the strategic decision making process, and to measure the relative importance of each factor. 4. To investigate the types of enforcement policies prevalent in regulatory agencies and evaluate their varying levels of effectiveness. 5. To determine the level of consistency in the approach to enforcement within and between regulatory agencies. 6. To examine the consistency of the levels of penalties applied by the courts. 7. To suggest improvements to the system where required. The first phase of the research involved a postal questionnaire to local authorities. This was followed by structured interviews with NRA and HMIP personnel. An assessment of the consistency of the regulators' enforcement action was made through responses to a regulated community questionnaire, and an appraisal of the consistency of penalties applied by the courts was achieved by analysis of case reports. The main findings from the research were: I. Regulatory agencies adopted a co-operative enforcement approach in the first instance, followed by more stringent action if required. 2. Most regulatory bodies did not use the full array of enforcement methods at their disposal. 3. A large variety of factors relating to the incident affects the decision making process. 4. Not all local authorities had an enforcement policy. Of those that did, a wide variation in the type of enforcement policies existed. 5. Regulators were found to be inconsistent in their enforcement practices. 6. The levels of penalties applied by the courts were also found to be inconsistent. Improvements to the system were suggested as a result of these research findings.
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Nabileyo, Oversea. "Liability regimes for environmental damage in South African law." Thesis, University of Pretoria, 2019. http://hdl.handle.net/2263/76674.
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This thesis investigates whether liability regimes for purposes of claiming for damage caused to the environment in South Africa are effective, and provides a general view of the relevant concepts, and identifies the challenges in succeeding in bringing a successful statutory or civil liability claim. It examines the current environmental legislative framework and identifies its inadequacy in facilitating common law compensation claims to remediate environmental damage, as well as to compensate victims who personally suffer loss, harm or damage caused by a polluter. This study evaluates the complications and possibility of success in enforcing these damage claims.
The thesis commences with an overview of the definitions of what the concepts “environment”, “ecology” and “natural resources” mean. In this context, it aims to provide clarity on what damage to the environment, as a common good, entails. Thereafter the fundamental right of persons to the environment, for purposes of determining locus standi and the scope and merits of a liability claim are discussed. It is also evaluates and determines the importance of protecting the environment with specific reference to its impact on social and economic development, and the way in which liability regimes, by acting as a deterrent, can further this aim. . The current legislative framework in South Africa lacks comprehensive liability rules to allow for a claim for damages to be lodged directly by an individual against the polluter. As stated an effective liability regime also acts as a deterrent to combat the problem of environmental damage, and could be facilitated in improved environmental governance structures.
The possibility of taking successful recourse by ways of a civil delictual liability claim is critically discussed to determine whether the current flexible principles of delict can be applied effectively in cases where environmental damage claims are instituted. Criminal liability forms only a limited part of the study as utilising criminal law principles can merely serve as deterrent for environmental crimes in South Africa, yet does not provide compensation as reparation. The issue of the economic consequences relating to the various environmental liability regimes is also included in the study. Sound environmental liability regimes can serve the purpose of attracting and encouraging foreign direct investment, which is critical for economic and social development. The study further contains a brief capita selecta from the laws of other countries in order to tap from the experience of the other jurisdictions that have developed legal regimes for environmental governance. It aims to provide justifiable recommendations for future developments in this area of South Africa’s national laws.Thesis (LLD)--University of Pretoria, 2019.
Private Law
LLD
Unrestricted
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Mallory, Chaone. "Toward an Ecofeminist Environmental Jurisprudence: Nature, Law, and Gender." Thesis, University of North Texas, 1999. https://digital.library.unt.edu/ark:/67531/metadc2219/.
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This thesis develops a legal theory reflecting the insights of feminism and environmental philosophy. I argue that human beings are not ontologically separate, but embedded in webs of relationality with natural others. My primary purposes are to 1) delineate ways in which institutions of modernity (such as law and science) have precipitated ecosocial crisis through the attempt to dialectically enforce mastery and control over nature and women; and 2) explore alternate political forms and ontologies which challenge the classical liberalist view of the (human) individual as a radically isolated, discrete, autonomous being. My overarching theme is that law functions as a narrative that can both hinder and enhance the promotion of ecological ideas, and how ecofeminism can contribute to transformative projects of environmental philosophy and feminist law.
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Ng, Wei-wun Vivian. "Environmental law and the construction industry in Hong Kong." Hong Kong : University of Hong Kong, 2000. http://sunzi.lib.hku.hk/hkuto/record.jsp?B22053803.
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Darby, Jonathan Michael. "The role of adjudication in the resolution of international environmental disputes and the development of international environment law." Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.607996.
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Wong, May-tak Glady. "Environmental regulation and crime : the case of pollution in Hong Kong /." [Hong Kong] : University of Hong Kong, 1994. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13781194.
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Leung, Yee-kwan Equeen. "Personal liability for environmental damages /." Hong Kong : University of Hong Kong, 1996. http://sunzi.lib.hku.hk/hkuto/record.jsp?B17457257.
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Owens, Katherine Anne. "Environmental water transactions under regulatory capitalism: The role of law." Thesis, The University of Sydney, 2015. http://hdl.handle.net/2123/13756.
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Since the late 20th century, governments have promoted the acquisition of water rights in order to recover water for the environment. The use of water transfer mechanisms for this purpose devolves important water use decisions to individual water users, and enables governments to achieve wider public goals in relation to the management of water scarcity without resorting to bureaucratic reallocation. However, governments retain an important oversight and coordination role within these regimes, and the result has been dense systems of regulation, involving legal interactions between a range of institutions and actors. The Thesis will undertake a comparative analysis of the regimes supporting environmental water transactions in the Murray-Darling Basin/New South Wales, the Canadian province of Alberta, and the states of Colorado and Oregon in the western United States, in order to understand the regulatory strategies behind the regimes, and ultimately to determine the most appropriate role of law in relation to environmental water transactions. In order to do so, the Thesis adopts a broader perspective of regulatory change under the theory of regulatory capitalism. Water allocation and trading frameworks supporting environmental water transactions, or ‘market-orientated environmental water allocation frameworks’ (MEWA frameworks’), do not adopt a uniform legal model, but rather a variety of complex regulatory techniques, with multiple government and regulatory bodies as well as hybrid legal instruments to steer the operation of the market. Regulatory capitalism is well suited for describing and analysing the evolution and legal design of these market-based regimes, as key elements of the theory correspond with key decision centres in the creation of legal frameworks to facilitate the ecologically sustainable development of water resources. In particular, key characteristics of regulatory capitalism relate to matters such as the division of labour between state and society and within the state itself, the codification of relationships within regulatory regimes and the development of hybrid forms of regulation to create diverse and multi-faceted regulatory regimes. Decisions taken on those matters are fundamental to whether market-based regimes are able to restore water-stressed riverine environments. The analysis includes an examination of the legal and regulatory regimes as written and the regimes in action, supported by interviews with experts and persons representative of the spectrum of actors under each regime. Regulatory capitalism is a powerful tool for analysing the legal and regulatory orderings that characterise these frameworks. However, the analysis takes the theory one step further, in the context of environmental water transactions, by examining normative questions of effectiveness and develops a theory as to the appropriate role of law in supporting environmental water transactions. The conclusion of the Thesis is that legal frameworks do not have the capacity to rationalise and provide an overarching and “final” solution to the complex environmental and governance issues that arise in the context of environmental water transactions. Rather, the role of law in this context needs to be reconceptualised within the paradigm of regulatory capitalism as establishing and maintaining the limits within which regulatory participants can operate, innovate and collaborate.