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de Cendra, Javier --- "The effectiveness of instrument mixes in environmental law: insights from ship-source pollution" [2015] ELECD 986; in Martin, Paul; Kennedy, Amanda (eds), "Implementing Environmental Law" (Edward Elgar Publishing, 2015)

Book Title: Implementing Environmental Law

Editor(s): Martin, Paul; Kennedy, Amanda

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783479290

Section: Chapter 10

Section Title: The effectiveness of instrument mixes in environmental law: insights from ship-source pollution

Author(s): de Cendra, Javier

Number of pages: 21

Extract:

10. The effectiveness of instrument
mixes in environmental law:
insights from ship-source pollution
Javier de Cendra

1. INTRODUCTION
This book addresses the implementation of environmental laws. This
chapter shall explore a specific instance of this challenge, the impact that
the choice of environmental policy instruments has on the effectiveness
of environmental laws through which those instruments are adopted.1
That is: how does the choice of a specific instrument, or a combination of
instruments, affect the effectiveness of the law through which they
become part of the body of environmental legislation? New instruments
to deal with a specific environmental problem never exist in a vacuum,
but rather are part of a complex regulatory and economic framework that
is embedded in cultural and social practices, which may need to change
for the environmental problem to be addressed. It is obvious that cultures
and social practices must impact on the effectiveness of environmental
instruments, and thus the design of instrumental strategies needs to take
into account sociocultural realities underpinning the practices that they
intend to change. This suggests that the effectiveness of one instrument
can seldom be analysed in isolation from pre-existing instruments, nor
from the society within which they are expected to work. These issues
will be explored in this chapter using a case-study of a specific
environmental problem, ship-source pollution in the European Union,

1
This chapter is based in work carried out in the context of the following
project: Milieu Ltd, Evaluation study on the ...