Environmental pollution control: an introduction to principles and practice of administration:...

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Book reviews 189 McLaughlin, J. and Bellinger, E. G. Environmen- tal pollution control: an introduction to principles and practice of administration. London: Graham & TrotmaniMartinus Nijhoff, 1993. 249~~. f60 hardback. This book offers an introductory explanation and analysis of the ever-widening range of legal and administrative mechanisms that are available to tackle pollution. As the authors state in the preface, it is primarily aimed at providing policy-makers in those countries that do not have a developed environmental policy with the tools of the trade so that they can develop one. Accordingly, it is not a textbook of current environmental laws and practices, but a general broad-brush survey of the various techniques. Its greatest strengths are that it is clearly written, avoids too much legal jargon and makes liberal use of relevant examples from a large number of countries, though especially from the UK. How- ever, the authors issue one clear warning: that it is only desirable to suggest broad techniques, since the particular solutions adopted in any country should be derived from local institutions and cultures rather than copied wholesale from industrialized nations, otherwise they are unlikely to work. the issue of pollution control and does not deal with such issues as pollution prevention and sustainable development. To this reviewer this means that the modern commercial context in which environmental law and policy operates is not fully explained. For example, although economic instruments are discussed at some length, little is heard of important market-style mechanisms such as eco-auditing, environmental assessment, recycling and waste minimization schemes, environmental management systems and environmental reporting. Whilst this limitation is clearly intended and justified by the authors, it does reduce the book’s relevance, though it will still be of interest and value to students of environmental regulation generally. Simon Ball Faculty of Law, University of Sheffield Katz, L. S., Orrick, S. and Honic, R. En- vironmental profiles: a global guide to projects and people. New York and London: Garland Pub- lishing, 1993. 1083~~. $125 hardback. There are separate chapters on the definition and objectives of pollution control; the different systems of administration (including a useful Appendix on the position in a number of countries-this incorporates a description of the US Environmental Protection Agency); the various techniques of control (for example, administrative regulation, the criminal law, the civil law and the use of economic instruments); enforcement; the ‘polluter-pays’ principle; and the rights of individuals. In addition, there is a well-structured description of the type and con- tent of the various international obligations with regard to the environment. A couple of criticisms may be levelled at the treatment of the techniques of control. One is that criminal remedies are given pride of place throughout, when it is arguable that it is the administrative remedies that flow from regulation by a public body that are often of greatest importance in practice. (Indeed, it should be recognized that the dividing line between what is a criminal offence and what is simply an administra- tive infraction is different in different countries.) The other is that the innovatory features of European Community law and US law, both of which influence much of the globe, could be given a higher profile. Because environmental issues impinge on all aspects of life it is understandable that a large range of disparate organizations have emerged to respond to particular interests. There are so many that it is hard to keep up with them in one’s own subject and country, let alone on a worldwide basis. Yet environmental issues are international in their implications and so a work promising, as this one does, to list major organizations (describ- ing their aims, locations and contacts) with international coverage has to be taken seriously. It considers countries systematically on an alpha- betical basis and for each lists appropriate government, non-governmental, business and academic organizations, together with major environmental undertakings. Because the area is so large and so dynamic, no single volume is ever likely to be fully satisfactory, and will probably date quite quickly. This, nevertheless. is a reasonable, and certainly well-produced attempt, that will no doubt be found of use and deserves a place in libraries. It would probably be of even more use, though, in the form not of a book but an updatable disk. Moreover, a major omission is that, because of its country-by-country analysis, it does not cover the EC, with its many important and influential environmental organizations. Peter Calow One other comment needs to be made about Department of Animal and Plant Sciences, the scope of the book. This is that it is limited to University of Sheffield

Transcript of Environmental pollution control: an introduction to principles and practice of administration:...

Book reviews 189

McLaughlin, J. and Bellinger, E. G. Environmen- tal pollution control: an introduction to principles and practice of administration. London: Graham & TrotmaniMartinus Nijhoff, 1993. 249~~. f60 hardback.

This book offers an introductory explanation and analysis of the ever-widening range of legal and administrative mechanisms that are available to tackle pollution. As the authors state in the preface, it is primarily aimed at providing policy-makers in those countries that do not have a developed environmental policy with the tools of the trade so that they can develop one. Accordingly, it is not a textbook of current environmental laws and practices, but a general broad-brush survey of the various techniques. Its greatest strengths are that it is clearly written, avoids too much legal jargon and makes liberal use of relevant examples from a large number of countries, though especially from the UK. How- ever, the authors issue one clear warning: that it is only desirable to suggest broad techniques, since the particular solutions adopted in any country should be derived from local institutions and cultures rather than copied wholesale from industrialized nations, otherwise they are unlikely to work.

the issue of pollution control and does not deal with such issues as pollution prevention and sustainable development. To this reviewer this means that the modern commercial context in which environmental law and policy operates is not fully explained. For example, although economic instruments are discussed at some length, little is heard of important market-style mechanisms such as eco-auditing, environmental assessment, recycling and waste minimization schemes, environmental management systems and environmental reporting. Whilst this limitation is clearly intended and justified by the authors, it does reduce the book’s relevance, though it will still be of interest and value to students of environmental regulation generally.

Simon Ball Faculty of Law, University of Sheffield

Katz, L. S., Orrick, S. and Honic, R. En- vironmental profiles: a global guide to projects and people. New York and London: Garland Pub- lishing, 1993. 1083~~. $125 hardback.

There are separate chapters on the definition and objectives of pollution control; the different systems of administration (including a useful Appendix on the position in a number of countries-this incorporates a description of the US Environmental Protection Agency); the various techniques of control (for example, administrative regulation, the criminal law, the civil law and the use of economic instruments); enforcement; the ‘polluter-pays’ principle; and the rights of individuals. In addition, there is a well-structured description of the type and con- tent of the various international obligations with regard to the environment.

A couple of criticisms may be levelled at the treatment of the techniques of control. One is that criminal remedies are given pride of place throughout, when it is arguable that it is the administrative remedies that flow from regulation by a public body that are often of greatest importance in practice. (Indeed, it should be recognized that the dividing line between what is a criminal offence and what is simply an administra- tive infraction is different in different countries.) The other is that the innovatory features of European Community law and US law, both of which influence much of the globe, could be given a higher profile.

Because environmental issues impinge on all aspects of life it is understandable that a large range of disparate organizations have emerged to respond to particular interests. There are so many that it is hard to keep up with them in one’s own subject and country, let alone on a worldwide basis. Yet environmental issues are international in their implications and so a work promising, as this one does, to list major organizations (describ- ing their aims, locations and contacts) with international coverage has to be taken seriously. It considers countries systematically on an alpha- betical basis and for each lists appropriate government, non-governmental, business and academic organizations, together with major environmental undertakings. Because the area is so large and so dynamic, no single volume is ever likely to be fully satisfactory, and will probably date quite quickly. This, nevertheless. is a reasonable, and certainly well-produced attempt, that will no doubt be found of use and deserves a place in libraries. It would probably be of even more use, though, in the form not of a book but an updatable disk. Moreover, a major omission is that, because of its country-by-country analysis, it does not cover the EC, with its many important and influential environmental organizations.

Peter Calow One other comment needs to be made about Department of Animal and Plant Sciences,

the scope of the book. This is that it is limited to University of Sheffield