Decentralizing Environmental Compliance and Enforcement in Asia

1
Decentralizing Environmental Compliance and
Enforcement in Asia

• An Overview and Models

Tseming Yang Professor, Vermont Law School
Director, VLS-SYSU Partnership for
Environmental Law in China 2008 AECEN Regional
Forum November 25, 2008
2
What is Decentralization

• Transfer of Functions from Central Government to
• provincial or local governments,
• communities and/or
• the private sector
• Premise of Environmental Regulation
  Centralization as Response to Tragedy of
  Commons or Common Goods Problem

3
What is Decentralization

• Transfer of Functions from Central Government to
• provincial or local governments,
• communities and/or
• the private sector
• Premise of Environmental Regulation
  Centralization as Response to Tragedy of
  Commons or Common Goods Problem

4
Subsidiarity Principle

• Decisions should be taken by
• individuals, or
• authorities on their behalf,
• closest to the issue or situation being resolved
• to ensure maximum efficiency and effectiveness

5
Forms of Decentralization

• Deconcentration
• Redistribution of decision-making to other parts
  of central government
• Delegation
• Transfer decision-making to semi-autonomous
  organizations (e.g. regional development
  organizations)
• Devolution
• Transfer decision-making to more localized levels
  of government

6
Why Decentralization (Devolution)?

• Local Knowledge of Environmental
  Conditions/Solutions
• Environmental Problems are Location-specific
• Local Communities and Officials have greatest
  stake in resources and problem-solving
• Promotes Public Participation at local level

7
Challenges of Decentralization (Devolution)

• Difficulties combining with centralized,
  command-control institutions
• Low capacity at local level
• administrative/technical capacity
• lack of adequate financial resources
• Loss of advantages of scale
• Increased potential for corruption local
  interest group conflicts
• Effective central/local coordination
• Inconsistent application of national policies

8
One Model The United States

• Federal System of Government
• Federal government
• Sets minimum environmental standards sets
  overall policy
• Delegates authority to states
• State governments
• Implement federal policies authority to apply
  higher standards
• Primary enforcement authority
• Strong Civil Society Participation Citizen
  Suits
• Challenges
• Citizens, States and Federal Government have
  overlapping enforcement authority -
  Over-enforcement?
• Delegation of authority Proper State
  Implementation of Federal Authority?

9
Another Example China

• Unitary Governmental System
• Central Government Sets Overall Policy/Goals
• Efforts to Extend Reach of Central Government
  Through Regional Supervision Centers
• Primary Implementation by Provincial/Local
  Governments
• Challenges
• Conflicting Economic Development Interests of
  Governments
• Weaknesses in Public Participation

10
Example 3 Thailand

• Relatively High Degree of Centralization in
  Bangkok of Regulatory Oversight and Enforcement
• Challenges
• Fragmentation of Authority between Pollution
  Control Department (PCD) Department of
  Industrial Works (DIW)
• Coordination and consistency of regulation and
  enforcement responses

11
Case Study Panelists

• Mr. Ilyas Asaad, Deputy Minister, Ministry of the
  Environment, Indonesia
• Ms. Lormelyn Claudio, Department of Environment
  and Natural Resources, Philippines
• Mr. Udaya Gammanpila, Chairman, Central
  Environment Authority, Sri Lanka