Decentralized reflexive environmental regulation: Opportunities and risks based on an evaluation of Dutch experiments

Abstract

The main tenet of reflexive law theory is that, to solve environmental problems, procedural regulations may be more effective than detailed and substantive prescriptions for action. This paper explores the viability of this tenet by analysing two experiments in urban environmental and spatial planning whereby classic substantive environmental regulation is replaced by a form of reflexive regulation, enabling policy-makers to provide a flexible approach to achieving environmental improvements. The analysis confirms, though only conditionally, the viability of reflexive law theory. Important conditions are the definition of environmental quality, the organization of participatory processes, an external agency to validate the decision-making process, and cooperation of planning agencies. It is also observed that reflexive law tends to neglect the underlying societal processes of environmental problems. Some societal processes are irreversible. They cannot be changed by classic regulation nor by reflexive law. [ABSTRACT FROM AUTHOR]