Summary: | This thesis studies current trends in environmental regulation that represent a shift away
from "command and control" and "end of pipe" regulation to voluntary, cooperative
approaches that are focused on pollution prevention. The focus is on the regulation of big
industry and in particular mining and metals production. Although experiences in other
jurisdictions are considered, the primary focus of this thesis is on British Columbia and
Canada.
Chapter One sets out the methodology employed in preparing the thesis. Chapter Two
examines problems associated with traditional approaches to command and control and end
of pipe regulation. Shortcomings in existing regulation are identified. Chapter Three
identifies many of the expectations and goals of stakeholders with an interest in
environmental protection and sustainable development. Reference is made to the interests
of government, environmental non-governmental organizations, and, in particular, the
private sector/business community. Chapter Four considers four current initiatives which
are representative of a trend toward cooperative, voluntary approaches.
Chapter Five addresses two questions: (1) what factors and considerations inherent in the
reviewed initiatives increase their chances for success? and; (2) what conditions and
parameters need to be present to satisfy society's expectations and optimize environmental
protection? In addressing these questions, the author sets out several factors that may be
important in achieving successful outcomes from voluntary initiatives.
Chapter Six concludes that, if the factors outlined in the thesis are employed, society will
move closer to achieving an operable state of interdependence, which is essential if optimal
environmental protection is to be realized. However, such a result will depend upon the
degree of commitment of stakeholders, and in particular, the private sector. === Law, Peter A. Allard School of === Graduate
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