Linking Law and New Governance: Examining Gaps, Hybrids, and Integration in Water Policy

摘要: Since the 1980s there have been significant shifts from traditional environmental enforcement toward networks, cooperation, and more pluralized forms of governance. The most recent iterations these new approaches are increasingly characterized as New Environmental Governance (NEG). A range common characteristics that include collaboration, participation, adaptation, nonbinding guidelines agreements define NEG approaches. Despite a growing literature, it is unclear whether how can be effectively implemented in same policy domain hard law. This article empirically explores theorizes dynamics NEG's interaction with conventional It proposes spectrum eight possible interactions between law approaches, before evaluating three distinct perspectives, namely, gaps, shadow law, integration. studies relationships by case Australia, Zealand, United States correspond to interactions. strengths weaknesses relationships. finds barrier achieving productive cohesion worldview regulators, who eschew collaboration ineffectual or incompatible Recommendations offered on better achieve cohesive implementation NEG.