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