Instruments For Environmental Protection Research Articles

What's law got to do with it? Why environmental justice is essential to ecosystem service valuation

The purpose of this paper is to show that bringing together legal science and other sciences in integrated valuation of ecosystem services can contribute for environmental justice and ensure fair and acceptable answers to complex real life questions. Legal science provides the teleological framework necessary to prevent ethical deadlocks.To this end, different forms of environmental justice are addressed. Distributive justice, commutative justice, retributive justice, restorative justice and procedural justice are five types of environmental justice, the content of which is explained using illustrative examples of environmental “injustices”.Next, these justice forms are applied to fourteen wicked legal questions, covering both public and private law, both international and national law, is presented. The questions demonstrate how Integrated Ecosystem Services valuation can be used to address societal challenges related to humanitarian protection, State responsibility, ecological damage, access to natural resources, use of economic instruments for environmental protection, effective environmental sanctioning, access to information, etc.This paper confirms the potential uses of integrated valuation of ecosystem services in the pursuit of social and environmental goals when legal science and other natural and social sciences are brought together to operationalize ecosystem services.

Valuation of water and emissions in energy systems

Price incentives and economic penalties (monetization) are common approaches to control water usage and total direct greenhouse gas emissions (externalities) of industrial systems. We argue that homogenous pricing of externalities provides limited flexibility for mitigating environmental impacts as systems are affected quite differently by externalities. We use trade-off analysis and scalarization techniques to determine marginal prices for water and carbon by taking into account the actual physical and technical limits, stakeholders, and real-time conditions of individual systems. A combined heat and power (CHP) system providing hot water and electricity to a real residential building complex is undertaken as case study to demonstrate and describe these concepts. For this CHP system, we found that carbon prices should be increased by a factor of 14 and water prices by a factor of 217 to achieve an optimal compromise between cost, water use, and emissions. Our results point towards the need to consider alternative pricing schemes such as resource bidding (as is done with electricity) that better capture technology trade-offs and push systems towards their efficiency limits. Therefore, this approach can help stakeholders identifying more effective incentive-based environmental protection instruments.

10.5937/zrpfns48-6744 = Environmental charges as an instrument of environmental protection

This paper is dedicated to one category of economic instruments in environmental protection - environmental charges. The paper considers the notion of environmental charges, the similarities and differences between environmental taxes and environmental charges, as well as the basic forms of environmental charges. At the end, the author presents the most important environmental charges in the Republic of Serbia.

Environmental Safety and Sustainability: A Panacea for Healthy National Development in Nigeria

The role of legislation in inducing responsible attitudes and behaviours towards the environment cannot be overlooked. Legislation serves as an effective instrument for environmental protection, planning, pollution, prevention and control. The following provides a summary of Nigerian legislation on the environment. This paper attempts to discuss environmental problems in Nigeria, characteristic disposal of waste, the consequences of inappropriate disposal, environmental safety as well as its sustainability and protection. Recommendations were also given. One of such recommendations is that environmental protection techniques need to be cultured, home-grown and the framework should begin from “Bottom to Top” and should be community based. The framework should be organized at the village or community level. A numbered of community should be grouped together at the (political) ward level and from ward level to Local Government Level to oversee this function. Environmental protection agents at the local government level should be empowered to punish every offender in form of tax or penalty. Environmental awareness education should be included and enforced in the primary and post primary school curricula. DOI: 10.5901/ajis.2013.v2n13p77

<b> Quanto vale a natureza? O sistema de pagamento por serviços ambientais </b> - doi: 10.5102/rdi.v9i3.1818

This article analyzes the system of payment for environmental services as an economic instrument of environmental protection. To do so, first there is an analysis of ecological economics, which is a presupposition of the system of payment for environmental services, and later on a comparative analysis between the command and control and economic instruments and their effectiveness and cost-effectiveness in environmental preservation. Upon this basis, we pass to the analysis itself of the payment of environmental services, the definition of environmental services and the complex issues of who should be the recipients of this benefit and the valuation of the service. It is also listed the main criticism of the system of payment for environmental services and finally it is presented examples of international payment programs for environmental services, as well as national initiatives. It is concluded, finally, that the payment of environmental services is not a magic solution to the environmental crisis, but it is a mechanism to correct the market failure that does not recognize the intrinsic value that nature has and the benefits it brings to the well being of society. The system of payment for environmental services if well planned and designed, with fixed financial incomes, with appropriate monitoring of compliance, enabling popular participation in the formulation of public policy and thus bringing a sense of empowerment to communities benefiting from payments can be an effective tool not only in protecting the environment, but also in reducing poverty and social inequalities.

<b> Quanto vale a natureza? O sistema de pagamento por serviços ambientais </b> - doi: 10.5102/rdi.v9i3.1818

This article analyzes the system of payment for environmental services as an economic instrument of environmental protection. To do so, first there is an analysis of ecological economics, which is a presupposition of the system of payment for environmental services, and later on a comparative analysis between the command and control and economic instruments and their effectiveness and cost-effectiveness in environmental preservation. Upon this basis, we pass to the analysis itself of the payment of environmental services, the definition of environmental services and the complex issues of who should be the recipients of this benefit and the valuation of the service. It is also listed the main criticism of the system of payment for environmental services and finally it is presented examples of international payment programs for environmental services, as well as national initiatives. It is concluded, finally, that the payment of environmental services is not a magic solution to the environmental crisis, but it is a mechanism to correct the market failure that does not recognize the intrinsic value that nature has and the benefits it brings to the well being of society. The system of payment for environmental services if well planned and designed, with fixed financial incomes, with appropriate monitoring of compliance, enabling popular participation in the formulation of public policy and thus bringing a sense of empowerment to communities benefiting from payments can be an effective tool not only in protecting the environment, but also in reducing poverty and social inequalities.

Assertion of Right to Clean Environment in India

Right to clean environment has been held to be implicit by the Indian Supreme Court in the guarantee of right to life under Article 21 of the Indian Constitution. Although the right was not expressly recognized in the Constitution the judiciary through creative interpretation has asserted this right. Bhopal gas tragedy, signing of international instruments for environmental protection and eco-sensitive approach of Indian judiciary all together have led to assertion of right to clean environment and it’s further strengthening in Article 21 of Indian Constitution.

Taxation of passenger cars as an instrument of environmental protection

This paper considers taxes related to passenger cars and possibilities of their use in order to reduce carbon dioxide and other greenhouse gas emissions. Therefore, this paper considers ecological potential of non-recurrent taxes in connection with the purchase and registration of passenger cars, periodically charged taxes on the use of passenger car and excises in the European union. At the end, the author presents legislation related to motor vehicles taxes in Serbia and analyzes their ecological functions, and points out the shortcomings of the existing legislative solutions.

The Rise and Fall of the Polluter-Pays Principle in Developing Countries

The polluter-pays principle stipulates that the person who damages the environment must bear the cost of such damage. A number of developing countries have recently extended this principle to create an obligation on the state to compensate the victims of environmental harm. This variation of the polluter- pays principle is aimed at ensuring victims’ compensation when polluters cannot be identified or are insolvent and at providing stronger incentives for local governments’ monitoring of environmentally risky activities. These regimes hold local governments primarily or jointly-and-severally liable for environmental damage and allow them to act in subrogation against the polluters. In this paper we study the effect of these forms of governmental liability on the polluters’ incentives and on aggregate levels of environmental harm. We develop an economic model to study the conditions under which governmental liability may be preferable to direct polluters’ liability as an instrument of environmental protection. We conclude by suggesting that these variations of the polluter-pays regime may be desirable in environments characterized by widespread poverty, high interest rates, judicial delays and uncertainty in adjudication.

The rise and fall of the polluter-pays principle in developing countries

The polluter-pays principle stipulates that the person who damages the environment must bear the cost of such damage. A number of developing countries have recently extended this principle to create an obligation on the state to compensate the victims of environmental harm. This variation of the polluter-pays principle is aimed at ensuring victims’ compensation when polluters cannot be identified or are insolvent and at providing stronger incentives for local governments’ monitoring of environmentally risky activities. These regimes hold local governments primarily or jointly-and-severally liable for environmental damage and allow them to act in subrogation against the polluters. In this paper we study the effect of these forms of governmental liability on the polluters’ incentives and on aggregate levels of environmental harm. We develop an economic model to study the conditions under which governmental liability may be preferable to direct polluters’ liability as an instrument of environmental protection. We conclude by suggesting that these variations of the polluter-pays regime may be desirable in environments characterized by widespread poverty, high interest rates, judicial delays and uncertainty in adjudication.

Directions of changes in the functioning of economic instruments for environmental policy in Poland

Environmental policy instruments allow to incorporate the problem of using the natural resources into the decision-making process of individual agents. One of the most efficient instruments for environmental protection are economic instruments, the indirect methods of influence on agents’ behavior. The aim of the article is to present the state of the Polish system of economic instruments in the light of other European countries’ experiences (especially European Union countries) and perspectives in the use of economic instruments for environmental policy during the coming years. The study is based on the literature review, reports ordered by the Polish Ministry of Environment and publications published by The Organisation for Economic Co-operation and Development (OECD) and the European Environment Agency (EEA). The analysis suggests that economic instruments are widely used in Polish environmental policy. The main economic instruments in this policy are environmental charges and fines. Some of these charges and fines have been used in Polish environmental for several dozen years. Revenues from these instruments are earmarked for environmental expenditures. There are also some new, interesting economic instruments in Polish environmental policy, such as: deposit-refund systems, tradable energy certificates and emissions trading scheme. There are some opportunities for expanding the use of economic instruments for environmental policy in Poland. For example, there could be increased use of some environmental charges or taxes, and the environmental insurance. Poland could also implement an environmental tax reform.

The EU Waste Shipment Regulation and the need for better enforcement

The European Community regulation on shipments of waste which was adopted in May 2006 is now in application since 12 July 2007. Although one of the more voluminous instruments of EU environmental law – with 64 articles and 9 annexes – it was intended as a means of better legislation in comparison with the old Waste Shipment Regulation dating from 1993. The main purpose of the revision was to transpose recent changes of international law into EU legislation, as well as to harmonise, restructure and streamline the legal text in order to achieve greater clarity. Another objective, not least due to later insertions by the European Parliament during legislative proceedings, was to strengthen effective enforcement on various levels. However, against a rising tide of waste shipments or dubious “used goods” ending up as waste in developing countries, the EU regulation has yet to prove that it is an effective instrument of environmental protection on an international scale.

INSTRUMENTS FOR ENVIRONMENTAL PROTECTION OF CULTURAL PROPERTY IN GERMANY

Instruments for environmental protection of cultural property in Germany were analyzed from the following three aspects.1. Analyzed from law situation in Germany of environmental protection of cultural property; its purpose and restrictions.2. Research on the environmental protection in Potsdam through interviews with specialists to understand the protection methods of the environment of cultural property in practice.3. Research of “Denkmalpflegeplan”: how the environment of cultural property is protected by “Denkmalpflegeplan”; its possibility and problem.

Adaptation of enterprises to the requirements of sustainable development in the light of new institutional economics

PurposeThis article seeks to explain the mechanism of adapting enterprises to the requirements of sustainable development. It aims to base this analysis on the concept of new institutional economics.Design/methodology/approachThe theoretical basis of new institutional economics is used to understand and explain the behaviour of enterprises in relation to the natural environment.FindingsThe article finds that new institutional economics, compared to rather formalised and abstract mainstream economics, may be quite successfully used in answering why economic entities undertake actions for environmental protection.Practical implicationsNew institutional economics may be used as a tool for understanding e.g. why some instruments aiming at environmental protection are more effective and efficient than other instruments. It may provide useful knowledge about the institutional environment while creating new environmental protection instruments. More empirical studies on a greater number of enterprises (not only individual case studies) are necessary to find out which institutions and mechanisms mentioned in the paper are crucial, and which should be supported in order to achieve environmental goals.Originality/valueThere are a great number of empirical papers containing case studies, but only few theoretical attempts to generate a synthesis. This paper fills this gap.

Measuring the impact of voluntary environmental protection instruments: perceptual vs. archival techniques

The use of voluntary environmental protection instruments is expanding significantly around the world. Although there is a large literature dealing with what drives companies to adopt voluntary instruments, there has been relatively little research on the impact that some of these tools have on the actual environmental performance of companies. The existing literature in this area presents contrasting results, perhaps because it tends to use perceptual measurement, which may not reflect actual outcomes. To investigate this issue, the primary research reported on in this article undertook a combination of perceptual measurement and 'archival' (or objective) measurement on the same sample of firms. The research concluded that most firms saw some degree of positive response from the introduction of Environmental Management Systems. This was especially the case for 'system' (or 'process') improvements, and to a lesser extent held true for direct environmental performance improvements. It was also clear that there was a very close correlation between the results of the perception-based research and the archival measurement research. At least in the context of this kind of investigation, either research approach would appear to produce a valid outcome.

Does Resource Commercialization Induce Local Conservation? A Cautionary Tale From Southwestern Morocco

Ecotourism, bioprospecting, and nontimber product marketing have been promoted recently as market-based instruments for environmental protection, but without sound understanding of the resulting net conservation effects. We present evidence on the local effects of recent argan oil commercialization in Morocco, a seemingly promising case of conservation through resource commercialization. We find that resource commercialization creates mixed net conservation incentives because assumptions implicit in the prevailing logic prove incorrect. The experience of southwestern Morocco provides a cautionary tale about conservation strategies founded on resource commercialization, emphasizing that local institutions and the biology of a resource can exert greater influence on conservation outcomes than do market forces.

The impact of voluntary environmental protection instruments on company environmental performance

AbstractIn the last decade there has been increasing emphasis on the use of voluntary environmental protection tools such as corporate environmental reporting (CER) and environmental management systems (EMSs). There has been relatively little research, however, on the impact of these tools on the actual environmental performance of companies. This paper presents the findings of a survey of 40 companies operating in Western Australia to determine the extent to which the implementation of two voluntary instruments has influenced company environmental performance. The research considered four questions: To what extent have CER and EMSs influenced the environmental performance of companies operating in Western Australia? What are the characteristics of these influences? How does the influence of EMSs on environmental performance compare to that of CER? Have other external factors concurrently influenced environmental performance?In general, most respondents indicated that EMSs had influenced environmental management practices to some extent. On the other hand, CER was seen more as a public relations exercise and had less impact on company practices compared with EMSs. Other factors that influenced environmental performance included pressure from clients, senior management, the public and regulators; corporate culture; and cost savings. Copyright © 2004 John Wiley & Sons, Ltd and ERP Environment.

III. Law and Environmental Governance in the EU

In December 1999, in Helsinki, the European Council requested the Commission ‘to prepare a proposal for a long-term strategy dovetailing policies for economically, socially and ecologically sustainable development’. The Commission presented this proposal to the Gothenburg European Council in June 2001,1 resulting in the launch of the European Union's strategy for sustainable development.2 In keeping with the resolution that the annual spring European Council take on board responsibility for reviewing progress in developing and implementing the sustainable development strategy, and for offering further policy guidance to promote sustainable development, the Barcelona Presidency conclusions place emphasis upon the internal and external aspects of sustainable development, including the environmental dimension thereof.3 Looking at these documents,4 it is readily apparent that the political profile of sustainable development has been raised over the last year, with the European Council coming to play an important leadership function. Looking more closely at these, and other core documents, it is clear that the theme of environmental governance is very much to the fore, and that a number of strands emerge as crucial to European Union thinking in this respect. This short survey note will highlight a number of these strands, examining them within the framework of more general developments concerning ‘governance’ in the EU, and in particular in the light of the Commission's White Paper on governance issued in the summer of 2001.5 Four broad, and often overlapping, dimensions will be discussed in turn: integration, monitoring/evaluation, participation, and instruments for environmental protection.

Lessons from the American Experiment with Market-Based Environmental Policies

This paper draws on American experience with four categories of market-based instruments for environmental protection: charge systems; tradeable permits; market friction reduction; and government subsidy reduction. The paper examines normative and positive lessons that can be learned from these experiences.

National Environmental Policy During the Clinton Years

We review major developments in national environmental policy during the Clinton Administration, defining environmental policy to include not only the statutes, regulations, and policies associated with reducing pollution, but also major issues of public lands management and species preservation. We adopt economic criteria for policy assessment — principally efficiency, cost-effectiveness, and distributional equity. While the paper is primarily descriptive, we highlight a set of five themes that emerge in the economics of national environmental policy over the past decade. First, over the course of the decade, national environmental targets were made more stringent, and environmental quality improved. Most important among the new targets were the National Ambient Air Quality Standards (NAAQS) for ambient ozone and particulate matter, issued by EPA in July 1997, which could turn out to be one of the Clinton Administration’s most enduring environmental legacies. Also, natural resource policy during the Clinton years was heavily weighted toward environmental protection. Environmental quality improved overall during the decade, continuing a trend that began in the 1970s, although improvements were much less than during the previous two decades. Second, the use of benefit-cost analysis for assessing environmental regulation was controversial in the Clinton Administration, while economic efficiency emerged as a central goal of the regulatory reform movement in the Congress during the 1990s. When attention was given to increased efficiency, the locus of that attention during the Clinton years was the Congress in the case of environmental policies and the Administration in the case of natural resource policies. Ironically, the increased attention given to benefit-cost analysis may not have had a marked effect on the economic efficiency of environmental regulations. Third, cost-effectiveness achieved a much more prominent position in public discourse regarding environmental policy during the 1990s. From the Bush Administration through the Clinton Administration, interest and activity regarding market-based instruments for environmental protection — particularly tradeable permit systems — continued to increase. Fourth, the Clinton Administration put much greater emphasis than previous administrations on expanding the role of environmental information disclosure and voluntary programs. While such programs can provide cost-effective ways of reaching environmental policy goals, little is known about their actual costs or effectiveness. Fifth and finally, the Environmental Protection Agency placed much less emphasis on economic analysis during the 1990s. EPA leadership was more hostile to economic analysis than it had been under the prior Bush Administration, and it made organizational changes to reflect this change in priorities.