Making Law Work

Making Law Work

Making Law Work: Environmental Compliance & Sustainable Development is a compilation in two volumes of the best literature on topics related to compliance with and enforcement of laws to protect the environment and promote sustainable development, as selected by the International Network for Environmental Compliance and Enforcement (INECE), in cooperation with the Institute for Governance and Sustainable Development and its affiliated Program on Governance for Sustainable Development at the Bren School of Environmental Science & Management, University of California Santa Barbara.

Drawing from books, journals, articles, speeches, papers by practitioners, and INECE Conference Proceedings, Making Law Work represents a bridge between the worlds of academics and practitioners, exposing practitioners around the world to some of the best literature from the fields of law, politics, international relations, economics, and the social sciences in an attempt to help us analyze why our legal systems are not yet strong enough to deal with our worsening environmental problems.

Making Law Work provides insights into a framework for diagnosing what currently ails international and domestic environmental governance, offers suggestions for making improvements, and raises questions for further exploration. If knowledge truly is power, then Making Law Work has the potential to be a very powerful book.

The insights, concepts, and strategies contained in Making Law Work will empower actors of all types at all levels – individuals, NGOs, the media, businesses, certifiers, lawyers, scientists, financial markets, government regulators, legislators, courts, networks, negotiators, international tribunals, development banks – to take action to promote sustainable development, enforce compliance with environmental law, and make law work.


Ordering Information

Making Law Work, (Volumes I and II) – Environmental Compliance & Sustainable Development (eds. Durwood Zaelke, Donald Kaniaru, and Eva Kružíková)
Cameron May Ltd., International Law Publishers
17 Queen Anne’s Gate, London SW1H 9BU, England
ISBN: 190501709x

INECE Participants: Making Law Work is available from the INECE Secretariat. Please contact or +1-202-338-1300.

By Credit Card: Making Law Work can be ordered via using your credit card. Note that Amazon is not able to offer the reduced INECE Participant price at this time.

Multimedia Tools

Watch and listen to Durwood Zaelke, co-editor of Making Law Work, discuss key concepts from the book.

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What is Making Law Work?
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Why read Making Law Work?
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Who should read Making Law Work?
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Environmental Compliance & Enforcement Indicators
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Insights into the Porter Hypothesis
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Transgovernmental Networks
The high quality movies require Quicktime 7 (a free media player). Clips will open in a new window.
Washington College of Law Sustainable Development Panel Podcast:Making Law Work (external site)

Condensed Table of Contents

Volume 1
Preface by Klaus Toepfer, Executive Director, United Nations Environment Programme (Read the full text of the Preface) PDF icon
Foreword by Gerard Wolters, Inspector General, Inspectorate of the Netherlands Ministry of Housing, Spatial Planning and the Environment (Read the full text of the Foreword) PDF icon
Introduction (Read the full text of the Introduction) PDF icon
Chapter 1: Compliance, Rule of Law, & Good Governance (full text article) PDF icon
Durwood Zaelke, Matthew Stilwell, & Oran Young, What Reason Demands: Making Law Work for Sustainable Development (2005). (full text article) PDF icon
Chapter 2: Compliance Theories (full text chapter intro) PDF icon
2.1 The Logic of Behavior: Consequences vs. Appropriateness
2.2 Theories of International Compliance
2.3 Theories of Domestic Compliance
Chapter 3: Multilateral Environmental Agreements in Action (full text chapter intro) PDF icon
3.1 General Effectiveness of MEAs
3.2 MEA Case Studies
3.3 Case Studies of State Implementation of MEAs
3.4 Guidelines on MEA Compliance
Chapter 4: Domestic Enforcement Strategies (full text chapter intro) PDF icon
4.1 Deterrence: An Overview
4.2 Detection: Inspection & Monitoring
4.3 Sanction: Fines & Other Remedies
Chapter 5: Courts, Tribunals, & Liability (full text chapter intro) PDF icon
5.1 Innovations in Domestic Courts
5.2 Enforcing International Environmental Law in Domestic Courts
5.3 Enforcing Constitutionalized International Principles in Domestic Courts
5.4 Liability & Compensation
5.5 Transjudicialism: Horizontal & Vertical Communication
5.6 Supranational Adjudicative Bodies
Chapter 6: NGO Compliance Strategies (full text chapter intro) PDF icon
6.1 Overview
6.2 Citizen Suits
6.3 Environmental NGOs & Human Rights
6.4 International Strategies
Volume 2
Chapter 7: Information Regulation (full text chapter intro) PDF icon
7.1 Public & Private Information Disclosure
7.2 Information Regulation
7.3 Developing Country Case Studies: Experiences with Information Regulation
7.4 Disclosure & Capital Markets
Chapter 8: Emissions Trading Compliance (full text chapter intro) PDF icon
Chapter 9: Compliance Assistance & “Beyond Compliance” (full text chapter intro) PDF icon
9.1 Overview
9.2 Compliance Assistance from the State
9.3 Compliance Assistance from the Private Sector
9.4 Beyond Compliance
Chapter 10: Regulators’ Choice of Strategies (full text chapter intro) PDF icon
Chapter 11: Indicators for Measuring Compliance (full text chapter intro) PDF icon
Chapter 12: Transgovernmental Networks (full text chapter intro) PDF icon
Chapter 13: Competitiveness & Compliance: The Porter Hypothesis (full text chapter intro) PDF icon
13.1 The Porter Hypothesis
13.2 Empirical Confirmation
13.3 Implications for Developing Countries

Praise for Making Law Work

“A vital and important book that will become required reading for all who share our concern about the Earth’s environment and who know that enforcement and compliance are the bedrock of the rule of law and sustainable development.”
— Gus Speth, Dean, Yale School of Forestry & Environmental Studies

“This book provides important lessons for treaty negotiators, parliamentarians, regulators, prosecutors, judges, and NGOs. An indispensable tool … to protect the Earth’s vital ecosystems and to promote sustainable development.”
— Charles Di Leva, Chief Counsel, ESSD & Int’l Law, World Bank

“This book may be the difference between making environmental law work and finding ourselves falling over the precipice…. Read it and join the battle….”
— Greg Wetstone, Director of Advocacy, Natural Resources Defense Council

“This important work comes just in time to help the world understand what we need to do to improve enforcement and compliance.”
— Jose Sarney Filho, Former Minister of the Environment, Brazil

“Enforcement and compliance are essential to the rule of law and sustainable development. Drawing on its global expertise, INECE brings together … a collection of the best literature which will be enormously helpful to practitioners and scholars alike as they work to improve compliance with environmental law at all levels.”
— Pieter van Geel, Secretary of the Environment, The Netherlands

“A valuable resource for judges, prosecutors, investigators, and all who care about the Earth and want to improve the profession of compliance and enforcement.”
— Hon. Hilario G. Davide, Jr., Chief Justice, Supreme Court of the Philippines

“Sustainable development can only be built on a foundation of hard, often thankless, on-the-ground enforcement and compliance work. Making Law Work both celebrates that hard work and provides an invaluable guide to how strong environmental laws, well enforced, can improve our quality of life and promote sustainable development.”
— David Hunter, Professor, The American University Washington College of Law

“A must-read for anyone seriously interested in the future of environmental governance and a credit to INECE and the Institute.”
— Alan Miller, GEF Coordinator, International Finance Corporation

“Offers empowering ideas for action…”
Klaus Toepfer, Executive Director, United Nations Environment Programme

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