The recent global increase in environmental regulation does not necessarily signal improvement in firms’ ecological imprints. Like many markets, the Arab world is struggling to implement environmental compliance measures among local firms. For Arab countries, the reliance solely on formal policies to improve local firms’ ecological footprints may be risky given the evident institutional challenges to enforce environmental regulations, specially post the Arab Spring. Drawing from the literature highlighting the merits of combining formal and informal controls to (...) ensure successful implementation of a strategy, we argue that the emphasis for regulation must be accompanied by an emphasis for developing environmental ethics of individuals, who are the expected implementers of any environmental policy. In that light, we propose that the Eco-Islam phenomenon can serve as an influential and effective foundation for building organizational cultures with stronger environmental ethics among local small and medium enterprises. We explain the underlying maxims of Eco-Islam then conduct qualitative research among experts preaching or practicing the concept to gain better insights into the potential of leveraging it in Muslim-majority Arab countries. Finally, we conclude with insightful implications for local SMEs in the region. (shrink)

Many analysts argue that environmental regulation is a barrier to innovation in business firms. A competing view holds that environmental regulation contributes to firm level innovation. This article attempts to partially reconcile these two views. The article argues that organizational and individual level variables moderate the effect of environmental regulation generally on the radicalness of innovation at the firm level. It proposes that four moderating variables the degree to which information analysis about environmental issues is centralized, (...) firm size, the intensity and integration of research and development (R&D) units within the firm, and whether regulation is perceived as an opportunity change the sign of the relationship between environmental regulation and the radicalness of firm level innovation. Empirically testable propositions are presented and a regulation innovation profile is suggested. Directions for future research and implications for practicing managers are highlighted. (shrink)

Environmental laws reflect the relationship between law and society and its implications for public health and economy. This article aims to make the central themes and findings from the empirical study of environmental law accessible to legal scholars and social scientists across all fields. It begins with an overview of the making and design of environmental law, thereafter discussing environmental law enforcement, which can be framed as a choice between cooperation and legalism. Environmental law responds (...) to individual and organizational behavior that results in harm to other people or the environment. Empirical research examines the causal connection between environmental law and changes in environmental outcomes and economic costs. The full impact of environmental law encompasses its effect on the environment as well as that on the economy. To advance the understanding of law in society, empirical analysts in the future should strive to piece together the various stages of environmental law. (shrink)

Many bacteria respond in a coordinate manner to environmental changes. External stimuli, sensed by receptors, are transduced to regulatory proteins which participate in well defined pathways of gene expression by varying their structure and mode of action. The network of environmental signal transduction is responsible for a fine and continuous communication between the host and the pathogenic bacteria. As a result, the gene expression machinery of the pathogen is modified continuously, in order to establish the optimal conditions for (...) bacterial survival and multiplication. (shrink)

During the last twenty – thirty years there has been unprecedented demand for new legal regulation in the field of environmental protection, which influenced the immense growth in both the body of environmental legislation and in re-thinking the idea and principles of the environmental protection itself. The provisions of environmental law are passed, accepted and obeyed with a great resistance in the society. On the one hand, environmental law may be defined as a value system (...) that seeks to induce humans to act as stewards of nature rather than only its exploiters, and therefore the environmental provisions are construed in a manner that the main instruments are limitations of different activities in order to prevent the disruption of natural systems. On the other hand, by doing so the environmental law places nature and future generations (those categories commonly do not have any legal personality) and not the human (the sole addressee and the beneficiary of the traditional legal system) in the centre of environmental regulation. This concept radically transforms the relationship between nature and mankind by subordinating the initiative to benefit from legal regulation. By doing so, the environmental provisions make the opposite and evolve tension in respect of such rights as the right to property, the right to personal life, or individual welfare. In the present research the aim is to disclose the origins and the most important principles of international and regional legal regulation of environmental protection, and to analyse the essence of environmental law in the context of public interest. The environmental law is analysed in the context of such human rights as the right to property and the right to personal life. (shrink)

Although contemporary methods of environmental regulation have registered some significant accomplishments, the current system of environmental law is not working well enough. First the good news: Since the first Earth Day in 1970, smog has decreased in the United States by thirty percent. The number of lakes and rivers safe for fishing and swimming has increased by one-third. Recycling has begun to reduce levels of municipal waste. Ocean dumping has been curtailed. Forests have begun to expand. One success (...) story is the virtual elimination of airborne lead in the United States. Another is the rapid phase-out of ozone-layer depleting chemicals worldwide. Nevertheless, prominent commentators of diverse political persuasions agree in an assessment that conventional models of environmental law have “failed.” Many environmental problems remain unsolved: species extinction, global desertification and deforestation, possible global climate change, and continuing severe air and water pollution in urban areas and poor countries. What is more, successful environmental protection has come only at enormous economic cost. By the year 2000, the Environmental Protection Agency estimates that the United States will spend approximately two percent of its gross national product on environmental pollution control. Academic economists have pointed out the nonsensical inefficiency of many environmental regulations, but usually to no avail. (shrink)

The over-exploitation of commonly-held resources is typically analyzed as an instance of market failure that calls for legislation to internalize the social costs that private activities impose on the environment. In this article, I argue that to the extent that this analysis ignores the regulatory effect of the common law, it is unsound. In The Tragedy of the Commons, Garret Hardin points out that there are two solutions to the tragedy: privatize the resource or restrict access to it. Environmental (...) legislation is a means restricting access to the commons. The evolutionary development of common law is a means of privatizing the commons. These represent alternative methods of environmental regulation. Proper public policy analysis requires a comparative assessment of the efficacy of these methods for resolving any particular environmental problem. In many, if not most cases, such an assessment will show common law regulation to be superior to environmental legislation. (shrink)

Much of the most substantive and in‐depth experience with formal cost‐benefit analysis in the public policy realm has occurred in the context of federal environmental regulation in the United States. This experience has many important lessons to teach in the realm of synthetic biology. Indeed, many of the dangers and pitfalls that arise when decision‐makers use formal CBA to evaluate environmental regulation seem likely to arise in the synthetic biology context as well, sometimes in particularly troubling forms. Unfortunately, (...) while in many instances these concerns may well point toward a rejection of formal CBA for synthetic biology, the experience from environmental regulation turns out to be far less helpful in identifying alternative decision‐making tools. Because the decisions that arise in the synthetic biology context have a fundamentally different structure from decisions about environmental regulation, the most useful alternatives from that context do not map easily onto this new context.It may well be generally true that in the search for decision‐making tools, we should not be looking for a single silver bullet that will work in all public policy realms. Perhaps, instead, different kinds of decision‐making call for different tools. This may be true even within the realm of synthetic biology. I am not entirely sure what the “right” tool is for synthetic biology applications, or even whether a “right” tool exists. But at the end of this essay, I offer a few tentative thoughts about why scenario analysis—a strategic planning tool first developed in the context of military planning following World War II—might be one alternative worth considering. (shrink)

Novel targeted genetic modification (TagMo) techniques for plants have the potential to increase the speed and ease of genetic modification and fall outside existing regulatory authority. We conducted 31 interviews with expert-stakeholders to explore the differing visions they have for the future of plant TagMo environmental regulation. To guide our analysis we review the tenets of anticipatory governance in light of future studies literature on emerging technology, focusing on how to contribute to reflexivity by making explicit the assumptions within (...) envisioned futures. Our findings reveal that the environmental regulation futures articulated by expert-stakeholders could be classified into three categories—optimistic, pragmatic, and critical—based on their differing underlying assumptions concerning what constitutes environmental risk and the adequacy of existing U.S. genetically modified plant regulations. By gathering these diverse perspectives on the future and studying how they differ, we hope to further the anticipatory governance-informed engagement with regulation and foster a more productive discussion of plant TagMo regulation. (shrink)

Because complex environmental problems are relegated to scientific experts, the ethical questions that are embedded in these problems are often hidden or distorted in scientific and administrative methodology and communication. The administrative process requires that facts and values be separated. Those values that cannot simply be ignored are usually translated into technical economic language and settled in terms of economic costs and benefits. Calls for regulatory reform-i.e., to reduce or eliminate environmental regulation--create additional pressures on analysts that encourage (...) them to focus on quantitative questions at the expense of qualitative ones. Distortion can also result from the use of standard risk assessment procedures and from the improper placement of burden of proof on govemment agencies. The greatest problem, nevertheless, is the narrow scientific training of technical experts which frequently leaves them unprepared to deal with the ethical and value issues in environmental public policy. (shrink)

Because complex environmental problems are relegated to scientific experts, the ethical questions that are embedded in these problems are often hidden or distorted in scientific and administrative methodology and communication. The administrative process requires that facts and values be separated. Those values that cannot simply be ignored are usually translated into technical economic language and settled in terms of economic costs and benefits. Calls for regulatory reform-i.e., to reduce or eliminate environmental regulation--create additional pressures on analysts that encourage (...) them to focus on quantitative questions at the expense of qualitative ones. Distortion can also result from the use of standard risk assessment procedures and from the improper placement of burden of proof on govemment agencies. The greatest problem, nevertheless, is the narrow scientific training of technical experts which frequently leaves them unprepared to deal with the ethical and value issues in environmental public policy. (shrink)

In this study, we examine how top management teams' foreign experience affects firms' green innovation performance and what role environmental regulation plays in their association. Using a large data set on firms' green patents and foreign work or education experience of top management teams from China, we find robust evidence that firms whose top management team members have foreign experience achieve significantly more green patents, and this positive relationship is more pronounced for firms subject to strong environmental regulation. (...) Our findings indicate that via enhancing firms' green innovation performance, top management teams' foreign experience has a positive corporate governance effect on advancing sustainable social development, and environmental regulation is helpful to promote this effect. (shrink)

Business Ethics, the Environment & Responsibility, Volume 31, Issue 2, Page 323-345, April 2022.

New modes of environmental regulation are said to have transcended the public/private divide. These new regulatory schemes - referred to as non-coercive orderings, self-regulation, co-regulation, metaregulation and social regulation - set aside the formal nature of the regulating entity, the regulated entity, and the tools of regulation. Instead of asking whether the means, objects and formulators of the regulation are public or private, the focus lies on the substance and effectiveness of the regulation in mitigating environmental harms. In (...) this Article we argue that despite these claims, often advanced by new governance proponents, the public/private divide in in fact alive and well, informing and impacting the ways in which various regulatory schemes are justified and legitimated. We exemplify this argument through an analysis of the role of three entities in international environmental regulation: the state, local governments, and civil society entities. This Article then suggests three consequences of the persistence of the public/private dichotomy and its denial: it produces a “tilt” towards the private; it tends to hide conflicts and disagreements, projecting an image of a frictionless world; and it prevents an imagination of a different world that transcends the structure of social life embedded in it. (shrink)

Media has paid more attention recently on environmental issues caused by construction companies which imposes public opinion pressure on construction companies and could potentially impact their decision-making processes for green innovations. However, research on the relationship between public opinions pressure and construction company green innovation behavior is still limited. To understand how such public opinions pressure can impact construction companies' green transition and formulate advice accordingly, it is necessary to use empirical data to find the correlations. Therefore, this research (...) has gathered questionnaire data of the construction companies in Chengdu-Chongqing economic circle of China to study the influencing mechanism of environmental public opinion pressure on enterprise green innovation behavior, analyzes the realization path of leaders' environmental intention as a mediating variable in the impact of environmental public opinion pressure on enterprise green innovation behavior, and reveals the role boundary of environmental regulation as a moderating variable in the impact of environmental public opinion pressure on enterprise green innovation behavior. The results show that environmental public opinion pressure has a significant positive impact on enterprise green innovation behavior. More specifically, enterprise green innovation behavior is affected by leaders' environmental intention and the latter plays a partial mediating role between environmental public opinion pressure and enterprise green innovation behavior. Environmental regulation also enhances the sensitivity of companies to environmental public opinion pressure, and therefore can significantly strengthen the relationship between environmental public opinion pressure and enterprise green innovation behavior. Further research find that, compared with incentive-based environmental regulations, mandatory environmental regulations make companies more sensitive to environmental public opinion pressure and has a more significant positive moderating effect. The research conclusions could be used to provide theoretical reference with empirical data for accelerating the green innovation transformation and promoting the high-quality development in the construction industry. (shrink)

There is a little explored tension between the regulations called for by environmentalists and the predominant liberal political theory. The latter says that laws are only legitimate when publicly defensible to all who must follow them and thus does not support the state adoption of particular values. Environmental concerns frequently fall under the category of particular values. I explore ways that liberalism does in fact support environmental regulations as furthering universal rights and justice within and between generations. However, (...) some forms of environmental preservation are clearly government pursuits of particular values. I explore possible liberal justifications of publicly fostering environmental values and conclude by arguing for a deliberative democratic approach. (shrink)

There is a little explored tension between the regulations called for by environmentalists and the predominant liberal political theory. The latter says that laws are only legitimate when publicly defensible to all who must follow them and thus does not support the state adoption of particular values. Environmental concerns frequently fall under the category of particular values. I explore ways that liberalism does in fact support environmental regulations as furthering universal rights and justice within and between generations. However, (...) some forms of environmental preservation are clearly government pursuits of particular values. I explore possible liberal justifications of publicly fostering environmental values and conclude by arguing for a deliberative democratic approach. (shrink)

Interest in sustainability is increasing, and research on ESG management continues. The first issue to be discussed in the present situation is the environment. The study between the environment and internationalization was conducted around two conflicting arguments. First, the pollution haven hypothesis states that multinational corporations move to countries with looser regulations depending on environmental regulation. Next is the Porter Hypothesis, which argues that well-designed environmental regulations offset the cost of compliance and ultimately help firms gain a competitive (...) advantage through innovation that enhances performance. However, the two arguments have not yet reached a consensus conclusion. In addition, studies on the national level and studies considering the distance between countries, an important factor in international management, are lacking. This manuscript aims to revisit the relationship between the strength of environmental regulation and foreign direct investment in the context of increasing environmental concerns. Differences between countries are an important field of international management, but research on environmental regulations is lacking. The purpose of this study is to examine the relationship between existing environmental regulations and FDI and to discuss how the distance between countries can affect existing theories. (shrink)

This study is focused on unsustainable agri-food systems, especially intensive livestock farming and its resulting environmental harms. Specifically we focus on the development of technologies that seek to mitigate these environmental harms. These technologies are generally developed as incremental innovations in response to government regulation. Critics of these technological solutions allege that these developments legitimate unsustainable food production systems and are incapable of supporting agri-food systems transformation. At the same time, technology developers and other actors seek to present (...) these technologies as the legitimate solution to agri-environmental harms. Our study seeks to explore the perceptions and constructions of legitimacy for technologies that are developed to reduce ammonia emissions in intensive livestock farming in Flanders (Belgium). We use a qualitative case study, employing semi-structured interviews and workshops, with technology developers of ammonia-emission reducing technologies and stakeholders in the intensive livestock farming industry in Flanders. What our study shows is that technologies developed to reduce emissions are dependent on regulative legitimacy. The normative and cognitive legitimacy of these technologies is lacking, both due to ties to the intensive livestock industry and due to uncertainty over the performance of these technologies. With the delegitimation of intensive livestock farming, the legitimacy of these technologies is also under threat. In response, technology developers are looking to (re-)construct this legitimacy through knowledge claims over the performance of their technologies. We show several ways for other actors to deal with this, centred on either re-legitimising technologies to maintain the status quo, or to contest these knowledge claims and use them to disrupt path dependencies. (shrink)

This article contains an abstract of Dr. Sanjay Patnaik’s dissertation as well as a commentary essay on the research process in the appendix. In his dissertation, Dr. Patnaik examines the importance of the non-market environment for firm strategy and performance within the context of newly introduced regulations for greenhouse gases in Europe. The dissertation abstract contains a description of each dissertation chapter, including research questions, methodologies, and results. The commentary essay describes the author’s perspective on conducting research as an emerging (...) scholar. (shrink)

ABSTRACTWhich emotion regulation strategy one uses in a given context can have profound affective, cognitive, and social consequences. It is therefore important to understand the determinants of emotion regulation choice. Many prior studies have examined person-specific, internal determinants of emotion regulation choice. Recently, it has become clear that external variables that are properties of the stimulus can also influence emotion regulation choice. In the present research, we consider whether reappraisal affordances, defined as the opportunities for re-interpretation of a stimulus that (...) are inherent in that stimulus, can shape individuals’ emotion regulation choices. We show that reappraisal affordances have stability across people and across time, and are confounded with emotional intensity for a standardised set of picture stimuli. Since emotional intensity has been shown to drive emotion regulation choice, we construct a context in which emotional intensity is separable from r... (shrink)

To understand how regulation influences competitiveness and upgrading processes, this article focuses on the organizational changes involved in “rewarding regulation.” Through a qualitative study of two clusters in the agrifood industry in Nicaragua, it analyzes two types of regulation and their interaction with small producers’ production organizations: food safety and environmental sustainability. The analysis shows that regulation plays a crucial role in fostering changes in organizational practices and routines. This occurs when local organizations build new knowledge and skills to (...) upgrade products and production processes, while developing new connections among producers and between them to other private and public actors that support economic development. “Rewarding regulation” is part of a process of learning and creating networks that help build local know-how and generate supportive collective resources. (shrink)

Certification and labeling initiatives that seek to enhance environmental and social sustainability are growing rapidly. This article analyzes the expansion of these private regulatory efforts in the coffee sector. We compare the five major third-party certifications – the Organic, Fair Trade, Rainforest Alliance, Utz Kapeh, and Shade/Bird Friendly initiatives – outlining and contrasting their governance structures, environmental and social standards, and market positions. We argue that certifications that seek to raise ecological and social expectations are likely to be (...) increasingly challenged by those that seek to simply uphold current standards. The vulnerability of these initiatives to market pressures highlights the need for private regulation to work in tandem with public regulation in enhancing social and environmental sustainability. (shrink)

Over the last several years, the environmental regulatory system has undergone radical changes. Various private normative schemes, ranging from corporate codes to environmental management systems, environmental reporting standards, project-finance codes and green indexes, have assumed an increasingly important role in the regulatory arena. The emergence of private environmental governance as an important transnational phenomenon raises two interrelated puzzles: efficacy and legitimacy. Underlying the efficacy puzzle is a deep-seated suspicion toward "soft" legal instruments, which to some observers (...) represent nothing but a coordinated form of "greenwash." The legitimacy question reflects a contrary concern — that these private regulatory structures represent new forms of global authority that are in need of distinctive legitimization. The Article begins with an outline of this new global terrain, exploring its historical evolution. It argues that the multiple links and cross-sensitivities between the different global private regimes have created a novel ensemble regulatory structure with positive enforcement and normative externalities. The Article then moves to examine the question of efficacy more generally, developing a nuanced understanding of the social dynamic of "soft-law" regulation, which rejects the binary logic underlying the "soft law"-"greenwash" narratives. Regarding the political dimension, the Article argues that this new ensemble network has brought about a new transnational political sphere which is associated with an extensive, cross-institutional quest for legitimacy. The Article then turns its focus to the field of sustainability indexes, focusing on the two leading global indexes: FTSE4Good Index Series and Dow Jones Sustainability Indexes. These indexes are taken as a prototypical case of transnational private ordering. Drawing on a close analysis of the indexes’ guiding documents and on interviews with senior executives from both organizations, the Article considers the unique features of these indexes as forms of governance and the paths through which they claim to affect society. It then moves to explore the mechanisms of legitimacy employed by FTSE4Good and DJSI, highlighting their distinctive visions of legitimization. A close examination of sustainability indexes generates insights, I will argue, regarding the field of private global environmental governance as a whole. In particular, it highlights both the new political opportunities created by the evolving network of transnational governance and the limits this new structure sets for radical critique. (shrink)

This paper examines public conflict over the rapid growth of the Tasmanian salmon aquaculture industry and associated environmental and social impacts. By conducting a media analysis, triangulated...

Much effort and many resources have been expended in enacting smoking bans for private businesses catering to adult-only clientele. Although the arguments in favor of bans leave much to be desired, many people believe that banning smoking in the hospitality industry is justified.What is puzzling is the lack of attention on banning smoking around children in cars, houses, and other private property. After all, if such prohibitions are justified for autonomous adults, then they must be for non-autonomous minors as well. (...) A good case can be made out for banning smoking around children in the best interests of their health. (shrink)

This article examines whether economic performance could affect EID and how the relationship is determined by the form of ownership from voluntarism to regulation under the current Chinese context. In this study, our empirical results show that the relationship between firms’ performance and EID is complex and the interactive impact of ownership and economic performance on EID significantly varies from voluntary disclosure to mandatory disclosure. This study provides a more comprehensive understanding of the motivations in corporate EID. The performance–impression theory (...) can be used to explain the disclosure behaviors during the period of voluntary disclosure, while the pressure–legitimacy theory can be used during the period of mandatory disclosure. The finding suggests that when evaluating corporate EID associated with economic performance in emerging economies such as China, it needs to be cautious, as which tends to vary with the form of ownership and whether there is any mandatory regulation in place. (shrink)

The complexity of chromium chemistry makes it an ideal example of how the Principle of Expediency, first articulated by sanitary pioneer Earle Phelps, can be used in a standard setting. Expediency, defined by Phelps as “the attempt to reduce the numerical measure of probable harm, or the logical measure of existing hazard, to the lowest level that is practicable and feasible within the limitations of financial resources and engineering skill”, can take on negative connotations unless subject to ethical guidance. In (...) this paper we argue that without ethical principles as a rubric for negotiating environmental regulations, communities run the risk of slipping from the Principle of Expediency as defined by Phelps to the alternative usage of expediency meaning that which does not reflect ethical consideration or concern beyond self-serving interest. Three ethical ideals—justice, mercy and humility—are suggested as values to be considered while resolving regulatory issues related to environmental protection. The Principle of Expediency serves as a working principle, but not as a rigid algorithm, for setting regulatory limits for environmental concentrations of waste products like chromium. (shrink)

This anthology discusses important issues surrounding environmental law and economics and provides an in-depth analysis of its use in legislation, regulation and legal adjudication from a neoclassical and behavioural law and economics perspective. Environmental issues raise a vast range of legal questions: to what extent is it justifiable to rely on markets and continued technological innovation, especially as it relates to present exploitation of scarce resources? Or is it necessary for the state to intervene? Regulatory instruments are available (...) to create and maintain a more sustainable society: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, et cetera If regulation in a certain legal field is necessary, which policies and methods will most effectively spur sustainable consumption and production in order to protect the environment while mitigating any potential negative impact on economic development? Since the related problems are often caused by scarcity of resources, economic analysis of law can offer remarkable insights for their resolution. Part I underlines the foundations of environmental law and economics. Part II analyses the effectiveness of economic instruments and regulations in environmental law. Part III is dedicated to the problems of climate change. Finally, Part IV focuses on tort and criminal law. The twenty-one chapters in this volume deliver insights into the multifaceted debate surrounding the use of economic instruments in environmental regulation in Europe. (shrink)

The emergence of environmental governance practices raises a fundamental question as to whether they are substantive or symbolic. Toward that end, we analyze the relationship between a firm’s environmental governance and its environmental management as reflected in its ultimate outcome, environmental performance. We posit that substantive practices would bring changes in organizations, most notably in terms of improved environmental performance, whereas symbolic practices would portray organizations as environmentally committed without making meaningful changes to their operations. (...) Focusing on a sample of environmentally sensitive firms, results are consistent with environmental governance mechanisms being predominantly part of a symbolic approach to manage stakeholder perceptions on environmental management, having little substantial impact on organizations. Statistical analyses show mostly that there is no relation between environmental governance mechanisms and environmental performance, measured in terms of regulatory compliance, pollution prevention, and environmental capital expenditures. However, there is some indication that environmental incentives are associated with pollution prevention. Interviews with corporate directors shed further light on these results by underlining that environmental governance mechanisms are employed at the board level to protect the organization from reputational and/or regulatory harm, but are not necessarily intended to proactively improve environmental performance. (shrink)

This study focuses on why some companies in developing countries go beyond environmental regulations when implementing their corporate environmental social responsibilities or citizenship behavior. Drawing mainly upon the new institutional theory, this study develops a conceptual framework to explain three institutional factors: companies’ market orientations, industrial characteristics, and corporate identities. Accordingly, we suggest that companies from developing countries that are oriented to markets in developed countries, operate in highly concentrated industries, and have missionary identities adopt corporate environmental (...) citizenship behavior by going beyond environmental regulations. The study also discusses the theoretical, policy, and managerial implications of the conceptual framework. (shrink)

In a wide variety of contexts, individuals face a risk of being physically harmed by the conduct of others in the community. The extent to which the government protects individuals from such harmful behavior largely depends on the combined effect of administrative regulation, criminal law, and tort law. Unless these different departments are coordinated, the government cannot ensure that individuals are adequately secure from the cumulative threat of physical harm. What is adequate for this purpose depends on the underlying entitlement (...) to physical security. What one has lost for purposes of legal analysis depends on what one what was entitled to in the first instance. Consequently, any mode of safety regulation that requires an assessment of losses or costs ultimately depends on a prior specification of entitlements. For reasons of history and federalism, the entitlement in the United States can be derived from the common law of torts. In addition to establishing how costs should be measured, the tort entitlement also quantifies any distributive inequities that would be created by a safety standard and shows how they can be redressed within the safety regulation. When applied in this manner, the tort entitlement to physical security promotes substantive consistency across the different departments of law by serving as the distributive basis for environmental, health, and safety regulations that operate entirely outside of the tort system. (shrink)

Sustainable development has increasingly found its way into the context of environmental legislation. Russian environmental legislation is not effective for transitioning toward sustainable development. The main obstacle is ignoring traditional environmental values, which are not properly incorporated into laws and regulations. However, rich Russian traditions and culture imply a big potential to develop environmental legislation in accordance with sustainable principles. The paper explores areas where environmental regulations should be revised and implemented with adequate legal mechanisms (...) based on traditional values. This paper contributes to the discussion of improving environmental legal norms in any domestic legislation. (shrink)

This study uses the institutional perspective to examine the interaction effects between the subnational institutional context and firm-level parameters on corporate environmental behaviors, based on a unique cross-sectional data set of private firms compiled from three different sources in China. Our results suggest that both enforcement stringency of environmental regulations at the provincial-level and private firms’ foreign ownership negatively affect compensation fees, which are levies charged for firms’ emissions. Enforcement stringency also moderates the firm-level relationship between foreign ownership (...) and compensation fees, but such a cross-level moderating effect holds only for private firms with non-HMT investments. (shrink)

Environmental Ethics and Behavioural Change takes a practical approach to environmental ethics with a focus on its transformative potential for students, professionals, policy makers, activists, and concerned citizens. Proposed solutions to issues such as climate change, resource depletion and accelerating extinctions have included technological fixes, national and international regulation and social marketing. This volume examines the ethical features of a range of communication strategies and technological, political and economic methods for promoting ecologically responsible practice in the face of (...) these crises. The central concern of the book is environmental behaviour change: inspiring, informing and catalysing reflective change in the reader, and in their ability to influence others. By making clear the forms of environmental ethics that exist, and what each implies in terms of individual and social change, the reader will be better able to formulate, commit to, articulate and promote a coherent position on how to understand and engage with environmental issues. (shrink)

This paper argues that regulatory agencies have a responsibility to further the public interest when they determine the conditions under which new technological products may be commercialized. As a case study, this paper analyzes the US 9th Circuit Court’s ruling on the efforts of the US Environmental Protection Agency to regulate an herbicide meant for use with seed that are genetically modified to be tolerant of the chemical. Using that case, it is argued that when regulatory agencies evaluate new (...) technological products, they have an obligation to draw on data, analyses, and evaluations from a variety of credible epistemic sources, and not rely solely or even primarily on the technology developer. Otherwise, they create conditions for their own domination and that of the polity by the technology developer. Moreover, in the interest of advancing the public interest, regulatory agencies must evaluate new technologies in a substantively and procedurally unbiased manner. (shrink)

While there are legal regulations prohibiting smoking in indoor areas in Turkey, there is none for outdoor areas. Many non-smokers are exposed to environmental tobacco smoking against their will in Turkey. Numerous research efforts have documented the fact that environmental tobacco smoke poses risks to human health because it pollutes the environment by releasing dangerous chemicals into the air that non-smokers breathe. This means that tobacco smoking poses risks to a safe environment and people’s lives. People have a (...) right to the environment, as guaranteed by the Turkish Constitution. Since Stockholm Declaration, many countries have recognized that people have a right to a safe environment or that a safe environment is essential to the enjoyment of human rights, including Turkey. However, how non-smokers perceive of the impacts of environmental tobacco smoke on the enjoyment of the right to the environment enshrined within the Turkish legal system has not been studied to date. Accordingly, this research aims to explore how issues relating to environmental tobacco smoke can be approached from an environmental human rights perspective. To achieve this purpose, a qualitative case study was conducted in Istanbul. The results of this analysis show that non-smokers do not enjoy the right to the clean environment guaranteed by the Turkish Constitution due to the ETS. (shrink)