Martin, Paul --- "Embedding Social Justice in the Design of Environmental Regulation" [2012] ELECD 653; in Le Bouthillier, Yves; Cohen, Alfie Miriam; Gonzalez Marquez, Juan Jose; Mumma, Albert; Smith, Susan (eds), "Poverty Alleviation and Environmental Law" (Edward Elgar Publishing, 2012)

Book Title: Poverty Alleviation and Environmental Law

Editor(s): Le Bouthillier, Yves; Cohen, Alfie Miriam; Gonzalez Marquez, Juan Jose; Mumma, Albert; Smith, Susan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781003282

Section: Chapter 9

Section Title: Embedding Social Justice in the Design of Environmental Regulation

Author(s): Martin, Paul

Number of pages: 19

Extract:

9. Embedding social justice in the design
of environmental regulation1
Paul Martin

9.1 INTRODUCTION

Western resource management theory suggests that the optimal conservation
strategy is to impose access constraints through the law, and then empower the
economically competent users of constrained resources through trading and
permits. This will maximise wealth (often represented as social optimality),
and long-term environmental services for the majority. However, efficient
conservation can embed social disadvantage for the vulnerable minority.
Social cost is not an accidental `spillover' of either environmental policing and
markets, it is intrinsic. This chapter considers this issue and proposes proce-
dural options to improve consideration of social justice in the design of envi-
ronmental regulation.
For the purposes of this chapter, environmental regulation is any state
imposed legal constraint for the purpose of conserving natural resources. It
includes exclusion and policing, environmental property rights, and restrictive
licenses to use resources. This chapter argues that regardless of the constraint
type there is an inherent potential for inequity, though its extent and signifi-
cance varies with the vulnerability of those affected, the nature of the
constraint, and the particular circumstances.2
Many social liberals hold the fond belief that because disproportionate
resource consumption is an attribute of the rich, conservation will naturally
benefit the poor, leading to an expectation that conservation and social justice
are happy companions. Unfortunately this is not intrinsically so.
Environmental law can exacerbate social injustice unless conscious steps are
taken to address these risks.


9.2 SCARCITY AND THE ...