Skip to main content Accessibility help
×
Hostname: page-component-7bb8b95d7b-lvwk9 Total loading time: 0 Render date: 2024-10-05T10:41:16.714Z Has data issue: false hasContentIssue false

13 - Environmental Federalism

Published online by Cambridge University Press:  13 September 2019

Michael G. Faure
Affiliation:
Erasmus Universiteit Rotterdam
Roy A. Partain
Affiliation:
University of Aberdeen
Get access

Summary

This chapter is in many ways a chapter that reaches interesting abstractions on the nature of power, rights, and of constitutionalism, all in the interests of environmental law. We began with a discussion on Tiebout, who argued that when people with the same preferences cluster together in communities, that competition between local authorities will, under certain restrictive conditions, lead to allocative efficiency. This implies a market in jurisdictions and in states competing in public goods and services. Van den Bergh’s model forecasts a 'bottom up federalisation', wherein the default assumption is that the best level of governance is at the most local level available, unless it is otherwise demonstrable that the particular environmental issue cannot be sufficiently resolved at that level of government. Another point that we addressed is the issue of centralisation, of whether all actors should be required to comply with a singular jurisdiction-wide regulatory requirement to prevent an environmental problem (centralisation), or, should they be allowed to individually discover their own most efficient method of preventing the environmental problem (decentralisation).

Type
Chapter
Information
Environmental Law and Economics
Theory and Practice
, pp. 275 - 291
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×