This thesis first describes and analyzes the key concepts and rationalities that are dominant in the content of the Environmental Enforcement Act (EEA). The research project concludes that despite legislative shifts towards increased punishment and deterrence, key concepts and rationalities such as the importance of economic globalization, the continuation of risk-management and anthropocentric values, and the dominance of staples development can be observed in the content of the EEA. The EEA also reflects growing concerns towards managing known structural economic problems such as Canada’s staples development and economic globalization. Secondly, this thesis critically evaluates whether the EEA is likely to contribute towards the effectiveness of Canadian environmental governance strategies. The EEA is likely to be ineffective based on observations of structural challenges in environmental governance and the Canadian political economic context. Neoliberalism, economic globalization, risk management, anthropocentrism, and staples based economic development characterize the problems identified in existing research that the content of the EEA does not adequately address.

This thesis first describes and analyzes the key concepts and rationalities that are dominant in the content of the Environmental Enforcement Act (EEA). The research project concludes that despite legislative shifts towards increased punishment and deterrence, key concepts and rationalities such as the importance of economic globalization, the continuation of risk-management and anthropocentric values, and the dominance of staples development can be observed in the content of the EEA. The EEA also reflects growing concerns towards managing known structural economic problems such as Canada’s staples development and economic globalization. Secondly, this thesis critically evaluates whether the EEA is likely to contribute towards the effectiveness of Canadian environmental governance strategies. The EEA is likely to be ineffective based on observations of structural challenges in environmental governance and the Canadian political economic context. Neoliberalism, economic globalization, risk management, anthropocentrism, and staples based economic development characterize the problems identified in existing research that the content of the EEA does not adequately address.

This thesis first describes and analyzes the key concepts and rationalities that are dominant in the content of the Environmental Enforcement Act (EEA). The research project concludes that despite legislative shifts towards increased punishment and deterrence, key concepts and rationalities such as the importance of economic globalization, the continuation of risk-management and anthropocentric values, and the dominance of staples development can be observed in the content of the EEA. The EEA also reflects growing concerns towards managing known structural economic problems such as Canada’s staples development and economic globalization. Secondly, this thesis critically evaluates whether the EEA is likely to contribute towards the effectiveness of Canadian environmental governance strategies. The EEA is likely to be ineffective based on observations of structural challenges in environmental governance and the Canadian political economic context. Neoliberalism, economic globalization, risk management, anthropocentrism, and staples based economic development characterize the problems identified in existing research that the content of the EEA does not adequately address.

The author develops the main tenets of Three Dimensional Theory of law and its particular application to the field of climate change. In this context, the relevant behaviors on climate change, the values that are seeking to achieve through regulation of does these behaviors, and national and international standards are presented. In addition, he does special emphasis on the identification of active behaviors relating to the issuing agent of greenhouse gases (GHGs), which for the purposes of the activities responsible for the emission of these gases in our country have done. Consequently, by reference, the main contents of Mexican law are presented on climate change legislation that affects the obligation to report GHG emissions data to the agents that generate them. Finally, suggestions are made in order to implement the climate commitment in mining and energy activities. / La autora desarrolla los principales postulados de la Teoría Tridimensional del Derecho y su particular aplicación al ámbito del cambio climático. En este contexto, se presentan las conductas relevantes en materia de cambio climático, los valores que se buscan alcanzar a través de la regulación de estas conductas y las normas tanto nacionales como internacionales. Además, se hace especial énfasis en la identificación de conductas activas referidas al agente emisor de gases de efecto invernadero (GEI), a efectos de lo cual se presentan las actividades responsables de la emisión de estos gases en nuestro país. En consecuencia, a modo de referencia, se presentan los principales contenidos de la legislación mexicana en materia de cambio climático, normativa que incide en la obligación de reporte de información sobre emisiones de GEI a los agentes generadores de las mismas. Finalmente, se formulan propuestas con miras a implementar el compromiso climático enlas actividades minero-energéticas.

This study emanates from the worldwide issue of climate change, as well as the need for all nations to make an effort to reduce their carbon emissions and move towards greener economies. It delves into South Africa's current command-and-control environmental enforcement regime and highlights the pitfalls that allow major air polluters to avoid sanction of any form in many instances. This poor environmental enforcement and compliance effectively means that South Africa is unlikely to be capable of meeting targets set under international agreements. The study confirms that environmental enforcement is inadequately addressed in South Africa. This is attributable to the inherent shortcomings of command-and-control approaches, including that they are inflexible and offer few incentives for firms to modify behaviour to reduce emissions. Poor enforcement of environmental legislation results in negative externalities caused by air pollution being borne by people who did not create such pollution. The study therefore advocates the use of market-based mechanisms as an alternative to traditional command-and-control approaches to environmental enforcement. In light of the South African government's recent publication of the Draft Carbon Tax Bill, carbon taxes as a subset of market-based environmental enforcement mechanisms have the potential to better enforce the polluter pays principle. Mexico, arguably the most forward-thinking developing nation in terms of climate change mitigation, has taken numerous steps towards meeting international commitments, including the implementation of a carbon tax. While South Africa's proposed carbon tax does differ from Mexico's in some respects, the basic premise remains the same and some comparisons can be made in this regard, with accompanying lessons to be learned. Such lessons include that it is imperative that the carbon tax must be set at a high enough rate to meet international commitments whilst at the same time avoiding adverse economic effects, maintaining social welfare and stabilising economic output levels. The proposed carbon tax, while unable to achieve this on its own, is a good place to start and should be utilised in conjunction with the Draft Climate Change Bill to effectively and efficaciously bring about the required change. The proposed carbon tax undoubtedly has the potential to better hold major air polluters responsible for their CO2 and other GHG emissions. / Private Law / LL. M.