Figure 11.1.
German
Parliament (Reichstag)
building in Berlin
The dedication Dem
Deutschen Volke, meaning
‘For the German people’,
can be seen on the
architrave.
236
ENVIRONMENT, POLLUTION, DEVELOPMENT: THE CASE OF UZBEKISTAN
The desired behaviour can be achieved with two kinds of
methods, working as a ‘pie’ or a ‘whip’. The ‘pie’ strategy means
that the law stimulates the implementation of environ ment-friendly
behaviour in a way that compliance with environ mental protection
requirements is beneficial. The ‘whip’ strategy, in contrast, provides
for measures impeding specific actions. These measures have to be
such that the disadvantageous consequences of environ mentally
unfriendly actions would inhibit people from these actions. The
‘whip’ strategy is most commonly used in the provisions that impose
penalties or other coercive measures for non-compliance with
environ mental protection requirements.
Usually, environ mental law drafts are developed by executive
powers or politicians, adopted by the legislator and implemented
by specialised state or municipal environ
mental protection
authorities, whereas courts exercise control over the compliance
with these laws. Unlike it is with other social norms, the
compliance with legal provisions can be enforced by compulsion.
Therefore, only the law has a specific implementation process – the
legal provision.
Legal provision is a mechanism for ensuring the compliance with
legal provisions or their fulfilment. In order to make this process
work, the state has created relevant institutions (authorities) –
courts, police, prosecutor’s office, specialised state environ mental
departments – which have been granted a monopoly of coercion. The
coercion mechanism grants the state (the law enforcement bodies)
the lawful right to apply coercive measures against the violators
or non-observers of the law. The coercive measures themselves are
established by the law, and they are quite different.
The state has the right to monitor the compliance with environ-
men tal legislation. Such control can be exercised by state envi-
ronmen tal inspectors. If non-conformities with the requirements
of en viron mental legislation are found during inspections, state
environ mental inspectors may, for example, issue binding in junct-
ions (administrative acts) for temporary suspension of the company’s
operations, draw up statements of the cases for less grievous (ad mi-
ni strative) violations and impose statutory administrative penalties
for these violations. Although the law also provides for criminal
liability for environ mental legislation offences, in practice the en-
vi ron mental regulatory violations are classified primarily as less
serious violations. The most common punishment for environ mental
violation is an administrative fine, whose amount is usually fixed by
the law.
If it is economically more profitable for a company to pay fines
and com pensate for environ mental damage instead of continual
con form ity with environ mental protections requirements, such a
11. ENVIRONMENTAL MANAGEMENT: LEGISLATION, POLICIES, INSTITUTIONS
237
situation is in di ca tive of the inefficiency of the legislator’s chosen
‘whip’ strategy, as it does not promote the compliance with these
requirements.
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