Martin, Paul; Noble, Peter --- "Hybrid governance and ‘wicked’ natural resource risks" [2015] ELECD 989; in Martin, Paul; Kennedy, Amanda (eds), "Implementing Environmental Law" (Edward Elgar Publishing, 2015)

Book Title: Implementing Environmental Law

Editor(s): Martin, Paul; Kennedy, Amanda

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783479290

Section: Chapter 13

Section Title: Hybrid governance and ‘wicked’ natural resource risks

Author(s): Martin, Paul; Noble, Peter

Number of pages: 26

Extract:

13. Hybrid governance and `wicked'
natural resource risks
Paul Martin and Peter Noble1

This chapter focuses on the changing nature of natural resource sustain-
ability issues, the ability of traditional legal arrangements to cope, and
the necessity for a transition to a new form of hybrid governance.2
Natural resource governance is the system through which an organisation
(a society, country, culture, corporation) governs (controls, manages,
directs, shapes) how natural resources are used or protected, to avoid
abuses of power or opportunity and to ensure that the collective interest is
protected.3 The IUCN defines governance as `interactions among struc-
tures, processes and traditions that determine how power and responsibil-
ities are exercised, how decisions are taken, and how citizens or other
stakeholders have their say in the management of natural resources ­
including biodiversity conservation' (IUCN WCC Resolution 3.012).
Environmental law academics often focus on command and control
regulation by government. This under-emphasises the systemic functions
of law, and overstates the role of government. Relevant legal arrange-
ments also include laws necessary for market instruments (such as
property law) and private action (such as actions for environmental
nuisance), administrative law (such as controls over government deci-
sions or abuses of process), corporations' law (including directors' and

1
The continuing support of TAL Life Limited (Australia) and Dai-Ichi Life
(Japan) and the research assistance of Dr. Elodie LeGal, are gratefully acknow-
ledged. The support of the Australian Research Council for the `Next Generation
Landscape Governance' research project is ...