Published In

Journal of Environmental Law and Practice

Document Type

Article

Publication Date

2010

Subjects

Environmental Contracts, New Governance, Mining, Regulation

Abstract

Environmental contracts occupy an ill-defined middle ground between command and control regulation and voluntary initiatives. These agreements have captured the imagination of policymakers and scholars in the U.S. and Europe in particular. They are heralded as promising examples of “new governance.” This Article explores a little known example of environmental contracting which emerged in the context of a Canadian diamond mine — the Ekati Environmental Agreement. Through a fine-grained case study of the Ekati Agreement, this article challenges some of the assumptions that shape the “environmental contracting literature as well as the wider literature on “new governance.” By debunking the myths about contracting that pervade this theoretical literature, we can deepen our analysis of the complex interplay between regulating and contracting for environmental protection.

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