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Faure, Michael G. --- "Environmental Regulation" [2012] ELECD 437; in Van den Bergh, J. Roger; Pacces, M. Alessio (eds), "Regulation and Economics" (Edward Elgar Publishing, 2012)

Book Title: Regulation and Economics

Editor(s): Van den Bergh, J. Roger; Pacces, M. Alessio

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847203434

Section: Chapter 5

Section Title: Environmental Regulation

Author(s): Faure, Michael G.

Number of pages: 73

Extract:

5 Environmental regulation
Michael G. Faure*



1. INTRODUCTION

The goal of this chapter on environmental regulation is to provide some
insight into the law and economics literature dealing with policies aimed at
solving environmental problems. For several reasons it is difficult to designate
the boundaries of this topic. First of all, the legal regimes dealing with envi-
ronmental pollution may be quite diverse, varying from liability rules to envi-
ronmental taxes or environmental criminal law. Some of these topics will be
dealt with in other volumes of the Encyclopedia. This is more particularly the
case for environmental liability which is dealt with in the volume on tort law
and economics (Faure, 2009a) and for environmental crime which can be
found in the volume on criminal law (Faure, 2009b). This means that within
the framework of this volume, which focuses on regulation, I will merely
focus on the law and economics literature specifically dealing with questions
concerning the regulation of environmental pollution. Environmental liability
and related compensation issues, such as insurance or compensation mecha-
nisms, will therefore not be discussed within this chapter. Since the volume on
criminal law contains a detailed chapter on environmental crime which also
discusses aspects of monitoring and enforcement, this also means that within
this chapter enforcement issues will not be dealt with at all. For those aspects
the reader is referred to the chapters in the other volumes of the Encyclopedia.
A second reason why it might be difficult to provide an overview of the ...