Smart Mixes for Transboundary Environmental Harm

This work offers a multidisciplinary approach to legal and policy instruments used to prevent and remedy global environmental challenges. It provides a theoretical overview of a variety of instruments, making distinctions between levels of governance (treaties, domestic law), types of instruments (market-based instruments, regulation, and liability rules), and between government regulation and private or self-regulation. The book's central focus is an examination of the use of mixes between different types of regulatory and policy instruments and different levels of governance, notably in climate change, marine oil pollution, forestry, and fisheries. The authors examine how, in practice, mixes of instruments have often been developed. This book should be read by anyone interested in understanding how interactions between different instruments affect the protection of environmental resources.

List of figures; List of tables; List of contributors; Preface; List of abbreviations; Part I. Conceptual Approaches to Smart Mixes: 1. Introduction: the concept of smart mixes for transboundary environmental harm Judith van Erp, Michael Faure, André Nollkaemper, Niels Philipsen, Jing Liu and Markos Karavias; 2. 'Smart' public-private complementarities in the transnational regulatory and enforcement space Linda Senden; 3. Smart mixes and the challenge of complexity: lessons from global climate governance Philipp Pattberg and Oscar Widerberg; 4. Smart (and not so smart) mixes of new environmental policy instruments Rüdiger Wurzel, Anthony Zito and Andrew Jordan; Part II. Fisheries and Forestry: 5. The pursuit of good regulatory design principles in international fisheries law: what possibility of smarter international regulation? Richard Barnes; 6. Mixing regional fisheries management and private certification Markos Karavias; 7. RFMO-MSC smart regulatory mixes for transboundary tuna fisheries Agnes Yeeting and Simon R. Bush; 8. Smart mixes in forest governance Jing Liu; 9. Governing forest supply chains: ratcheting up or squeezing out? Constance McDermott; 10. Public sector engagement with private governance programs: interactions and evolutionary effects in forest and fisheries certification Lars Gulbrandsen; Part III. Climate Change and Oil: 11. Smart mixes, non-state governance and climate change Neil Gunningham; 12. Private control of public regulation: a smart mix? The case of greenhouse gas emission reductions in the EU Marjan Peeters and Mathias Muller; 13. Smart mixes with respect to civil liability regimes for marine oil pollution Michael Faure and Hui Wang; 14. Regulatory mixes in governance arrangements in (offshore) oil production: are they smart? Jan van Tatenhove; Part IV. Concluding Remarks: 15. Conclusion: smart mixes in relation to transboundary environmental harm Judith van Erp, Michael Faure, André Nollkaemper and Niels Philipsen.

This volume addresses how combinations of public and private actors, and legislation and informal rules, can become smart mixes to regulate transboundary environmental harm. It will interest students and researchers of environmental law and regulation, as well as scholars of international law, instrument design, political science, and sociology.

Judith van Erp is Professor of Public Institutions, Faculty of Law, Economics and Governance, Utrecht University, the Netherlands, and Designated Research Chair in Utrecht University's strategic interdisciplinary theme of Institutions for Open Societies.
Michael Faure is Academic Director of the Maastricht European Institute for Transnational Legal Research and Professor of Comparative and International Environmental Law at Maastricht University. He is also Academic Director of the Ius Commune Research School and half-time Professor of Comparative Private Law and Economics at the Rotterdam Institute of Law and Economics of the Erasmus University.
André Nollkaemper is Dean and Professor of Public International Law at the University of Amsterdam. He is also external Legal Advisor to the Minister of Foreign Affairs of the Netherlands, Member of the Permanent Court of Arbitration, Member of the Institut de Droit International Law, former President of the European Society of International Law and Member of the Royal Netherlands Academy of Arts and Sciences.
Niels Philipsen is Professor of Shifts in Private and Public Regulation at the Erasmus School of Law of Erasmus University Rotterdam and Vice-Director of the METRO research institute and Associate Professor in Law and Economics at the Faculty of Law of Maastricht University. Since November 2017 Philipsen is also Adjunct Professor of the School of Law and Economics at the China University of Political Science and Law (CUPL) in Beijing, China.