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英国环境治理的几种主要方式

  As the “third way” of dealing with environmental problems between command and control regulation and free market instruments, voluntary measures are a kind of effective and sensible environmental protection. However, the disadvantages are also obvious like advantages, firstly, there are problems so-called “free-riders”, means there are no explicit enforcement systems; secondly, lack transparency and accountability; thirdly, standards setting at the lower end without incentive to achieve higher.
  
  
  
  
  
  CONCLUSION
  In a word, for the command and control system, there are numerous criticisms of its ineffectiveness. First of all, sectoral and fragmented perception failed to appreciate the integrated nature of environmental problems. Secondly, there are little incentives for firms to control discharges or to develop cheaper modes of abatement where the standard is already being met. Thirdly, depending on individual bargaining between the agency and polluters, and thus are vulnerable to manipulation by private interests. Fourthly, considerable administrative discretions create enormous economic waste. Lastly, close co-operation between regulators and the regulated spawned a pernicious form of factional politics, and so on. These failings look like to prove the command a control system "appears to have reached the limits of its technical capacity and cost-effectiveness." Much of "the low-hanging fruit has all been picked" after it has achieved significant progress in environmental protection.
  As the alternative mechanisms, economic instruments and voluntary measures provide more choice for environmental protection but they are also not simple panacea for improving the effectiveness of regulation. Most of economic instruments and voluntary measures have to require a regulatory framework and proper policing, so they must be seen as additional to, rather than separate from, regulatory system.
  There is no single best regulatory strategy. What is needed is a wide diversity of regulatory policy instruments which can compliment and reinforce one another, an optimal mix of regulations, one which is likely to yield the greatest improvement in environmental quality at the lowest cost.
  
  
  
【参考文献】Bell & McGillivray ‘Environmental law’ (Blackstone Press, 5th ed., 2000) ch 1 p9 Above ch 7 p 191 Encyclopedia Britannica S.Elworthy and J.Holder ‘Environmental Protection-Text and Materials’, 1997 The Pollution Prevention and Control (England and Wales) Regulations 2000 and Amendment Regulations 2001 http://www.legislation.hmso.gov.uk/si/si2000/20001973.htm Anthony Ogus ‘Regulation, Legal form and economic theory (Clarendon press · oxford 1994) ch 8 p 153 Bell & McGillivray ‘Environmental law’ (Blackstone Press, 5th ed., 2000) ch 7 p184 G. Richardson, A. Ogus, and P. Burrows, ‘Policing Pollution: A Study of Regulation and Enforcement’ (1982) p 43 Bell & McGillivray ‘Environmental law’ (Blackstone Press, 5th ed., 2000) ch 6 p157 P. Burrows, ‘The Economic Theory of Pollution Control’ (1979), p 125-131 Bell & McGillivray ‘Environmental law’ (Blackstone Press, 5th ed., 2000) ch 9 p240 See generally, Bell & McGillivray ‘Environmental law’ (Blackstone Press, 5th ed., 2000), ch 9 p237-254 Anthony Ogus ‘Regulation, Legal form and economic theory (Clarendon press · oxford 1994) ch 11 p 245 Patricia Park ‘An Evaluation of the Landfill Tax Two Years on’ (2000) JPL 3 Anthony Ogus ‘Regulation, Legal form and economic theory (Clarendon press · oxford 1994) ch 11 p 255 Amacher, Gregory S., and Arun S. Malik. ‘Bargaining in environmental regulation and the ideal regulator’ Journal of Environmental Economics & Management 1996. p 233-253. Orts, Eric. 1995. Reflexive Environmental Law. (Northwestern University Law Review 89) p 1227–1290. Kleindorfer, Paul R. 1999. ‘Understanding Individuals’ Environmental Decisions: A Decision Science Approach’ (In Better Environmental Decisions: Strategies for Governments, Businesses, and Communities), edited by Ken Sexton, Alfred Marcus, K. William Easter, and Timothy D. Burkhardt. Washington, DC: Island Press. Bell & McGillivray ‘Environmental law’ (Blackstone Press, 5th ed., 2000), ch 9 p 211 Storey, Mark, Gale Boyd, and Jeff Dowd ‘Voluntary Agreements with Industry’ (Paris: Organization for Economic Co-operation and Development. 1997) Neil Gunningham and Peter Grabosky ‘Smart Regulation: Designing Environmental Policy’ (New York: Oxford University Press, 1999) p 7 Neil Gunningham and Peter Grabosky ‘Smart Regulation: Designing Environmental Policy’ (New York: Oxford University Press, 1999). P 494


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