Michael Faure - Environmental Law in Development. PDF

PDF This book asks whether environmental law and policy indeveloped countries can be successfully transferred to developingcountries. It questions whether developing countries are indeed ready andable to implement new ideas from the developed world, such as theintegration of environmental law, and use of market-oriented instruments.

The authors draw insights from the case of Indonesia, where they haveexperience of drafting environmental legislation, and which is itself inthe early stages of development. Through these insights they seek tounderstand why environmental law that has been well developed in theory,can in practice be difficult to monitor and adequately enforce. Indeed, afurther question central to the book is why developing environmental lawdoes not necessarily result in an efficient environmental policy. Taking acomparative perspective, and using a multi-faceted methodology that drawson constitutional and administrative law, human rights law, criminal andliability law and international law, as well as law and economics, theauthors conclude with an outline of some of the lessons that can be learntby other jurisdictions seeking to develop environmental law.

Lawyers, environmental engineers and social scientists involved inenvironmental law and policy in developing countries will find much tointerest them in this book, as will those concerned with developmentstudies or with a particular interest in the case of Indonesia.


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