Authors: José Eduardo Figueiredo Dias
Environmental Regulation is a term in good currency. Although being a recently new field, with no more than forty years, in the law, economic, social and political agendas, it evolved rather rapidly.
Environmental law is one of the fastest growing areas of the legal system and since the environmental decade of the 1970s, such strong and extensive developments enable the identification of two or even three generations of environmental law and policies. This paper presents a broad comparative perspective on the first and second-generation approaches to assess if the transition from an old to a new regulation is actually replacing or just supplementing the 'old' administrative instruments and therefore traducing a pattern of both innovation and continuity. We make the case that the so-called “reinvention” of environmental regulation offers a useful analytical touchstone to address environmental issues in Asia, at the beginning of the millennium.
Keywords: Environmental Protection, Environmental Law, Administrative Law, Command and control, Self-regulation, Economic incentives, Environmental permitindependence.