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2012 IUCNAEL EJournal 1 (2012)

handle is hein.journals/icnael2012 and id is 1 raw text is: IUCN Academy of Environmental Law A WORD FROM THE EDITORS: INNOVATIONS IN SOCIAL JUSTICE AND ENVIRONMENTAL GOVERNANCE In this issue of the IUCNAEL eJournal we invite readers to explore Innovations in Social Justice and Environmental Governance. During the past few decades, much attention has been paid to 'efficient' environmental protection. Less has however been said about the social cost of this focus. Following the global economic crisis of 2008, the debate as to the best course for government, governance and regulation has been reignited. In many jurisdictions, where government coffers have been reduced, there is a renewed emphasis on market-based instruments. Yet these same instruments frequently empower the rich at the expense of poorer sectors of society. Regulated access is often easier for those who are confident, informed and mobile. Innovations in environmental law may, however, show the way toward improved environmental governance that simultaneously significantly improves the lot of the least advantaged in society. The three articles published in this issue of the eJournal address the above themes. Some of the problems inherent in market-based approaches to environmental regulation are neatly illustrated in Jessica Owley's article titled 'Neoliberal Land Conservation and Social Justice'. Professor Owley examines the relationship between conservation easements and environmental justice and identifies significant drawbacks in the use of this type of regulatory mechanism from an environmental justice perspective. While the theory behind their use is that they provide a cost effective way of conserving land without removing it from private ownership or necessarily removing it from some form of productive use, the reality is that the environmental and social benefits they may bring appear questionable in certain circumstances. According to Owley, conservation easements are, for example, often applied to land that is not earmarked for development. Furthermore, the group of persons able to enjoy the conserved land is frequently limited to the owner and/or those invited onto the land by the landowner. Even where access is nominally more IUCN Academy of Environmental Law e-Journal Issue 2012 (1) 1