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Edited by Michael Faure

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Edited by Michael Faure

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Edited by Michael Faure

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Kenneth R. Richards and Josephine van Zeben

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Stefan E Weishaar

Abstract Linking of emissions trading systems is an emerging and dynamic research area which combines interdisciplinary social science insights (especially from law, economics, and politics) with comparative law approaches to climate law. It bears tribute to the increasing fragmentation and diversification of climate mitigation strategies and is interested in analysing the possibilities of cooperation between different jurisdictional approaches and instruments used to prevent climate change. This chapter presents an overview of the linking literature examining the benefits and barriers to linking and outlines which design features are particularly important for the linking of climate change policies. In shows that in the absence of a global solution to climate change, the linking of climate change policies offers important economic and environmental benefits and is therefore a natural way forward.
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Cary Coglianese and Shana M Starobin

Abstract Environmental regulators have embraced management-based regulation as a flexible instrument for addressing a range of important problems often poorly addressed by other types of regulations. Under management-based regulation, regulated firms must engage in management-related activities oriented towards addressing targeted problems, such as planning and analysis to mitigate risk and the implementation of internal management systems geared towards continuous improvement. In contrast with more restrictive forms of regulation which can impose one-size-fits-all solutions, management-based regulation offers firms greater operational choice about how to solve regulatory problems, leveraging firms’ internal informational advantage to innovate and search for alternative measures to achieve the intended results more cost-effectively. Drawing on both illustrative cases of management-based regulation and available empirical research, this chapter explains management-based regulation’s relative advantages and disadvantages as well as the likely conditions for its effective use.
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Bradley C Karkkainen

Abstract Stand-alone information mandates – requirements for information disclosure not tied to compliance with substantive environmental standards – are increasingly used as a form of ‘soft’ environmental regulation, especially in advanced industrial countries. The assumption behind such measures is that greater transparency will lead to better decision-making, greater accountability, and improved environmental results. This chapter focuses on three distinct classes of information mandates: Pollutant Release and Transfer Registers (PRTRs), duties to warn, and environmental disclosures in financial markets. Each of these comes in many variants in the legal and regulatory requirements of various nations, and in some cases in international environmental law. Many observers conclude that in at least some circumstances, these types of measures have produced a degree of improvement in environmental outcomes, but to date there has been relatively little rigorous empirical inquiry into their effectiveness either as broad categories, or among the many variants within each category. Further inquiry is warranted.
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Mark A Cohen and Jay P Shimshack

Abstract Monitoring and enforcement are often overlooked when researchers and policymakers consider the choice of policy instruments. This chapter reviews arguments for how, when, and why monitoring and enforcement may impact the choice of instruments in environmental policy. The chapter considers a wide range of perspectives, including positive descriptive arguments based on political economy considerations, normative arguments based on social welfare maximisation, and normative arguments based on narrower objectives like regulatory cost minimisation. The chapter first considers the choice of policy instruments across regulatory domains – for example, whether a market-based instrument is preferable to a command-and-control instrument. The chapter then considers the choice of policy instruments within each regulatory domain – for example, if a command-and-control standard is to be adopted, how do monitoring and enforcement affect the decision about whether to impose a technology mandate versus an emissions performance standard?
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Carlos M Correa

Abstract Patents give right-owners broad powers to control both innovation and product markets. There is a significant proliferation of patents in relation to environmental technologies, which typically protect incremental developments over existing technologies. A comprehensive environmental policy should consider the possible impact of patents regarding innovation and technology diffusion (including through licensing). Although patents are presumed to encourage innovation, they may also block it and distort product markets, particularly if low patentability standards are applied to grant them. Patents may be less efficient than other policy alternatives in promoting innovation; governments should seek alternative regimes to develop technologies as public goods in order to effectively address global environmental challenges.
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Richard C Feiock and Hongtao Yi

Abstract There has been increased interest in how political factors can shape the selection and design of policy instruments, yet the politics of instrument choice remains underdeveloped, particularly at the sub-national level. After reviewing the literature on policy instruments in the areas of local environmental and development policy, we apply the political market framework to better understand the political dynamics of policy instruments throughout their life cycle, from the design and adoption of specific policy instruments, to bundling and interactions among multiple instruments in implementation, to decisions to continue or terminate use of an instrument. Future directions of research are discussed in conclusion.