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This Research and Policy Note explains why the regulation of pollution in countries such as Brazil, Indonesia, Colombia, Mexico, India and China is so difficult, by looking at several aspects of pollution regulation frameworks, for instance the obstacles to effective law enforcement, effective enforcement strategies in creating compliance in industrilizing economies, and the role of local communities, markets and politics.
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law, governance, law, governance, and development and development Research & Research & Policy Notes Policy Notes Pollution in Industrializing Economies, a Challenge for Regulation Over the last decades, some non-OECD countries such as Brazil, Indonesia, Colombia, Mexico, India and China have been rapidly industrializing. While this has had positive effects on economic growth, it has also caused pollution with severe effects on the natural environment, human health, and global climate change. In response to the new pollution threat, most of the industrializing economies have installed pollution prevention and control regulations, and implementing institutions. In practice, however, the regulations often fail to achieve the desired results. Violations of the law remain pervasive, and enforcement reactions against violations of the law are often ineffective. This Research and Policy Note explains why the regulation of pollution in these countries is so difficult. It looks at several aspects of pollution regulation frameworks, for instance the obstacles to effective law enforcement, effective enforcement strategies in creating compliance in industrializing economies, and the role of local communities, markets and politics. Pollution Regulation in Development System Design, Compliance, and Enforcement B en j a min va n R ooi j Benjamin van Rooij is senior lecturer at the Van Vollenhoven Institute of the Faculty of Law of Leiden University. isbn 978 90 8728 043 7 www.lup.nl leiden univer s it y pre s s Pollution Regulation in Development Law, Governance, and Development Over a short period of time, the strengthening of law and governance has become a major focus for international development organisations, as well as for governments and organisations at the national level. These are now devoting a substantial portion of development funds into reform and capacity building programmes aimed at legal and administrative institutions in transitional and developing countries. However, the building of legal and governance systems is proving to be a dauntingly difficult and complex task and one in which the methods of approach are highly contested. It has been assumed that law and governance reform is a technical, managerial and financial matter, which allows for the export of laws and the transplantation of legal and administrative structures. The disappointing results of such reforms have illustrated, however, that not enough attention has been given to how laws, policies, institutions and stakeholders operate in reality, in their socio-political contexts. The uniqueness of individual countries, sectors and institutions is often insufficiently understood, and the actual experiences with the myriad of law and governance programmes and projects are not translated into knowledge on how law and governance reform promotes development. In response, the Leiden University Press series on Law, Governance, and Development brings together an interdisciplinary body of work about the formation and functioning of systems of law and governance in developing countries, and about interventions to strengthen them. The series aims to engage academics, policy makers and practitioners at the national and international level, thus attempting to stimulate legal reform for development. Pollu