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Linking Law and New Governance: Examining Gaps, Hybrids, and Integration in Water Policy

Published on Jan 1, 2016in Law & Policy1.46
· DOI :10.1111/lapo.12048
Cameron Holley8
Estimated H-index: 8
(UNSW: University of New South Wales)
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Abstract
Since the 1980s there have been significant shifts from traditional environmental enforcement toward networks, cooperation, and more pluralized forms of governance. The most recent iterations of these new approaches are increasingly characterized as New Environmental Governance (NEG). A range of common characteristics that include collaboration, participation, adaptation, and nonbinding guidelines and agreements define NEG approaches. Despite a growing NEG literature, it is unclear whether and how NEG can be effectively implemented in the same policy domain as traditional hard law. This article empirically explores and theorizes the dynamics of NEG's interaction with conventional law. It proposes a spectrum of eight possible interactions between traditional law and NEG approaches, before evaluating three distinct perspectives, namely, gaps, NEG in the shadow of the law, and integration. It studies these relationships by empirically evaluating three case studies from Australia, New Zealand, and the United States that correspond to these interactions. The article explores the strengths and weaknesses of the three relationships. It finds that a significant barrier to achieving productive cohesion between law and NEG is the worldview of regulators, who eschew NEG collaboration as ineffectual or incompatible with hard law. Recommendations are offered on how to better achieve cohesive implementation between law and NEG.
  • References (63)
  • Citations (3)
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References63
Newest
Published on Oct 23, 2015
Miranda Yaver2
Estimated H-index: 2
(Yale University)
This paper raises a question that is little-discussed yet nevertheless central to lawmaking and policy implementation in the American separation-of-powers system: Under what institutional conditions do we observe variation in bureaucratic compliance with legislative dictates in contemporary statutory implementation? The paper challenges conventional wisdom that administrative agencies are unable to take implementation actions that the legislative principal does not at some level prefer, instead ...
Jeroen van der Heijden14
Estimated H-index: 14
(ANU: Australian National University)
This paper addresses a current trend of New Environmental Governance (NEG). It examines whether NEG is able to overcome a series of complex regulatory barriers and market shortfalls that stand in the way of carbon emissions reductions in the building sector. Building on an evaluation of 20 NEG arrangements from Australia and the Netherlands, it discusses the limits of the effective implementation and use of NEG in this sector. The paper concludes by suggesting three strategies to improve the per...
Published on Mar 1, 2015in Regulation & Governance2.79
John Braithwaite51
Estimated H-index: 51
(ANU: Australian National University),
Seung‐Hun Hong2
Estimated H-index: 2
(ANU: Australian National University)
One reason that regulation is difficult is that repeated encounters between regulator and regulatee are rare. We suggest diplomacy as a model for reconfiguring regulatory institutions in response. Ambassadors for Regulatory Affairs who would be agents for all state regulatory agencies could be based in most large firms and small and medium enterprises that pose unusual regulatory risks. In rural towns, police would be trained as regulatory ambassadors. Just as a US Secretary of State can launch ...
Richard D. Margerum17
Estimated H-index: 17
(UO: University of Oregon),
Catherine J. Robinson18
Estimated H-index: 18
Collaborative partnerships are being used around the world to address complex water problems and integrate diverse government and non-government perspectives. This approach views decision-making as a dialog and negotiation involving stakeholders from government, nonprofit and private sectors, and deliberation with the general public. In this review we note the different demands required for partnerships based on cooperation and coordination. We also review the typical levels at which partnership...
Published on Oct 1, 2014in Law & Policy1.46
John Braithwaite51
Estimated H-index: 51
(ANU: Australian National University)
Responsive regulation is a general theory of how to steer the flow of events. This article seeks to understand when violence is and is not defensible as an enforcement escalation. It specifies limits on the claim of responsive regulatory theory that a tough enforcement peak to a regulatory pyramid helps drive regulation down to persuasion at the base of the pyramid. Those limits are about the counterproductive effects of violence at the peak of an enforcement pyramid. Erica Chenoweth and her col...
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Tomas M. Koontz26
Estimated H-index: 26
,
Jens Newig27
Estimated H-index: 27
Collaborative approaches are increasingly used to address challenging environmental problems in the United States and around the world. The inclusion of multiple stakeholders and sources of information is expected to solve such problems. Prior research has highlighted the importance of collaborative process characteristics in reaching agreements and building social capital, but less is known about what factors affect the implementation of such agreements. A parallel stream of research in policy ...
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Reinhard Steurer18
Estimated H-index: 18
Governance became a catch-all concept for various forms of steering by state and non-state actors. While it pays tribute to the complexities of steering in poly-centred, globalised societies, its fuzziness makes it difficult to oversee who actually steers whom and with what means. By focussing mainly on actor constellations, the article disentangles governance into seven basic types of regulation, four of them representing public policies with varying degrees of government involvement and three ...
Published on Oct 23, 2013in Resources
Brendan Coolsaet5
Estimated H-index: 5
(UCL: Université catholique de Louvain),
Tom Dedeurwaerdere14
Estimated H-index: 14
,
John Pitseys2
Estimated H-index: 2
The Nagoya Protocol on Access and Benefit-sharing is the latest protocol to the Convention on Biological Diversity (CBD). Its implementation can lead to two fundamentally different processes: a market-oriented self-regulatory approach, which emphasizes the self-regulating capacity of the economic actors involved, or a normative institutionalist approach, which focuses on the norms and formal rules of institutions that not only support and frame, but also shape and constrain the actions of the pl...
Published on Sep 1, 2013in British Journal of Industrial Relations1.98
Richard M. Locke21
Estimated H-index: 21
(MIT: Massachusetts Institute of Technology),
Ben A. Rissing10
Estimated H-index: 10
(MIT: Massachusetts Institute of Technology),
Timea Pal3
Estimated H-index: 3
(EUI: European University Institute)
Recent research on regulation and governance suggests that a mixture of public and private interventions is necessary to improve working conditions and environmental standards within global supply chains. Yet less attention has been directed to how these different forms of regulation interact in practice. The form of these interactions is investigated through a contextualized comparison of suppliers producing for Hewlett-Packard, one of the world’s leading global electronics firms. Using a uniqu...
Published on Mar 1, 2013in Regulation & Governance2.79
Christine Parker17
Estimated H-index: 17
(Monash University)
This special issue of Regulation and Governance celebrates and appraises twenty years since the publication of Ian Ayres and John Braithwaite’s Responsive Regulation. This Introduction situates the origins of Responsive Regulation and its vision of transcending the regulation-deregulation debate in the professional biographies of the authors. It goes on to introduce the extensions, critiques and appreciations of responsive regulation offered by the contributors to this special issue by situating...
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Published on Oct 1, 2019in Resources Policy3.19
Abstract Governance is needed to address sustainability challenges along global value chains. Yet, the multiplicity or fragmentation of public and private sustainability governance resembles a potential hurdle for coping with sustainability challenges. This fragmentation is also intriguing from a research perspective, as little is known about the drivers of governance fragmentation in specific commodity sectors. This study assesses the fragmentation of sustainability governance in the global gol...
Published on Jan 1, 2018
Cameron Holley8
Estimated H-index: 8
(UCT: University of Cape Town),
Darren Sinclair11
Estimated H-index: 11
(UC: University of Canberra)
This chapter charts Australia’s leading-edge water law and governance reforms. It discusses progress on implementation and the challenges this has posed. Connections are drawn between Australia’s experience and the water law and governance literature. After outlining the book’s chapters, four fundamental questions are analysed and answered, namely how successful is Australia’s approach to designing and implementing water governance? What conditions have enabled or blocked its success, including ...
Published on Oct 27, 2016in Annual Review of Law and Social Science2.36
Neil Gunningham31
Estimated H-index: 31
,
Cameron Holley8
Estimated H-index: 8
(UNSW: University of New South Wales)
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 h...
Published on Jan 1, 2016
Neil Gunningham31
Estimated H-index: 31
,
Cameron Holley8
Estimated H-index: 8
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 h...