Thesis Abstract

Abstract
Environmental decision-making is a complex process that involves a multitude of factors, including scientific data, economic considerations, social implications, and legal frameworks. In this research project, the focus is on the role of law in shaping environmental decision-making processes. The study examines the various legal mechanisms that influence how decisions are made regarding environmental issues, such as regulations, permits, and enforcement actions. Through a comprehensive review of existing literature and case studies, the research explores how different legal frameworks impact the outcomes of environmental decision-making. It also delves into the challenges and opportunities presented by the existing legal landscape, including issues related to regulatory gaps, conflicting mandates, and the need for greater coordination among different levels of government. One of the key findings of the research is the importance of clear and consistent legal frameworks in ensuring effective environmental decision-making. Laws that are well-defined, enforceable, and aligned with scientific evidence are more likely to result in decisions that protect the environment and promote sustainable development. On the other hand, ambiguous or outdated laws can create uncertainty and hinder the decision-making process. The research also highlights the need for greater stakeholder engagement in environmental decision-making processes. By involving a diverse range of actors, including government agencies, industry representatives, environmental organizations, and local communities, decisions can be more inclusive, transparent, and responsive to the needs of all parties involved. This participatory approach not only leads to better outcomes but also helps build trust and legitimacy in the decision-making process. Furthermore, the study identifies opportunities for improving the integration of environmental considerations into legal decision-making processes. This includes the need for better coordination between environmental laws and other regulatory frameworks, as well as the promotion of innovative legal tools, such as market-based mechanisms and incentive programs, to achieve environmental objectives more efficiently. Overall, this research project contributes to a better understanding of the role of law in environmental decision-making and provides valuable insights for policymakers, practitioners, and researchers working in the field of environmental law and policy. By highlighting the importance of clear legal frameworks, stakeholder engagement, and innovative approaches, the study aims to support more effective and sustainable decision-making processes that protect the environment and promote the well-being of current and future generations.

Thesis Overview

INTRODUCTION

This collection draws together a range of approaches to environmental legal issues, covering a broad spectrum from domestic to international law. The contributors investigate aspects of law’s influence in environmental decision-making and consider whether legal institutions and theory can respond adequately to the challenge of environmental change.

`it is a book which provides an example of the way forward – a positive step in the right direction for environmental law … a book that is wide-ranging in its scope but which at the same time offers some valuable discussion of the significant key issues which are raised in these assorted jurisdictions and varied legal areas … this book provides a valuable contribution to the progress towards a more mature approach to enviromental law, as well as a collection that sign posts the way for other environmental lawyers.’ Fiona Donson, Law Quarterly Review, Oct 1999