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

11/25/20082 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]

11/25/20083 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]

11/25/20084 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

11/25/20085 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

11/25/20086 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

11/25/20087 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

11/25/20088 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?

11/25/20089 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

11/25/ 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

11/25/ 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