Private Environmental Governance

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Authors: Michael P. Vandenbergh, Paul C Stern
Cited by: 40

Abstract

Abstract Government laws and policies have produced substantial gains in environmental quality, but they have failed to achieve climate mitigation goals. Elinor Ostrom explored how resource users developed nongovernmental institutions to manage natural resources, and she identified design principles for these institutions. However, this private ordering approach relied on small groups with iterative relationships that do not occur in the global and regional settings that drive carbon emissions. This chapter explores the emergence of private environmental governance institutions that function not only at the local level, but also at the global and regional levels. These institutions are not a substitute for government, but they are reducing global carbon emissions. The authors explore the motivations for and effects of private climate governance, the risks and benefits, the sources of opposition to private climate initiatives, the spillover effects on public governance, and emerging principles for improving the design of private governance systems.

Fields of Study & Subjects

Environmental law and policy Property Rights and Legal Doctrine

Publication details

Journal / source
The Oxford Handbook of Climate Change and Private Law
Publisher
Oxford University PressNew York, NY
Pages
532–547
Publication date
21 April 2026
Language
EN
Document type
Book chapter