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Eco‐auditing and environmental liability: an international perspective

Eco‐auditing and environmental liability: an international perspective Environmental law is relatively new, but legislation is developing rapidly. More prosecutions for environmental offences are taking place annually. Much of the legislation is based on the "command and control" approach. This approach has been criticised and market based alternatives advocated. Market failure suggests that an absolute trust in markets is misplaced. Alternative solutions to the regulatory problem have been sought in self-disclosure. Self-disclosure is the policy approach of the EPA and is contingent upon an environmental audit. Although this is a regulatory approach there are both legal and economic benefits accruing to firms from environmental auditing and self-disclosure. But with the benefits come risks. The risk element has led the US legal profession to seek "evidentiary privilege", but the EPA has rejected this. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Managerial Auditing Journal Emerald Publishing

Eco‐auditing and environmental liability: an international perspective

Managerial Auditing Journal , Volume 18 (8): 6 – Nov 1, 2003

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References (22)

Publisher
Emerald Publishing
Copyright
Copyright © 2003 MCB UP Ltd. All rights reserved.
ISSN
0268-6902
DOI
10.1108/02686900310495124
Publisher site
See Article on Publisher Site

Abstract

Environmental law is relatively new, but legislation is developing rapidly. More prosecutions for environmental offences are taking place annually. Much of the legislation is based on the "command and control" approach. This approach has been criticised and market based alternatives advocated. Market failure suggests that an absolute trust in markets is misplaced. Alternative solutions to the regulatory problem have been sought in self-disclosure. Self-disclosure is the policy approach of the EPA and is contingent upon an environmental audit. Although this is a regulatory approach there are both legal and economic benefits accruing to firms from environmental auditing and self-disclosure. But with the benefits come risks. The risk element has led the US legal profession to seek "evidentiary privilege", but the EPA has rejected this.

Journal

Managerial Auditing JournalEmerald Publishing

Published: Nov 1, 2003

Keywords: Environmental management; Audit reports; Environmental testing; Evidence‐based practice; Liability

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