Instrument Choice

Richard B. Stewart

in The Oxford Handbook of International Environmental Law

Published in print August 2008 | ISBN: 9780199552153
Published online September 2012 | | DOI:

Series: Oxford Handbooks in Law

 Instrument Choice

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This article examines the different types of environmental regulatory instruments and their role in international environmental regulation. Environmental regulatory instruments are designed to implement public norms of environmental protection, and redress the limitations of private law, market ordering, and criminal law in securing appropriate behavioural changes on the part of these actors. The article looks at command and control regulation, economic instruments, information-based approaches, and hybrid regulatory approaches. It then focuses on the characteristics and performance of different environmental regulatory instruments, environmental regulatory instrument choice in the domestic context, environmental regulatory instrument choice in the international context, distinctive characteristics of international environmental regulation, international regulatory instruments governing interactions among states, domestic regulatory instruments to implement international environmental agreements, international agreements that do not specify domestic implementing instruments, functional characteristics and performance of different instruments, positive theory regarding instrument choice, environmental governance issues, and the evolution of international environmental law.

Keywords: environmental regulatory instruments; international environmental regulation; environmental protection; command and control; economic instruments; information-based approaches; hybrid regulatory approaches; international environmental law; environmental g

Article.  15744 words. 

Subjects: Law ; International Law ; Environment and Energy Law

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