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AbstractThis article pioneers new thinking on learning by organizations created by international environmental agreements, especially the boundaries within which learning can take place. It hypothesizes that there are ideological, institutional and technical boundaries to learning, which negatively impact the effectiveness of international environmental programming. This theory is rigorously tested by applying it to a group of new programmes, the forest-focused payment for environmental services programmes, which find their origin in the United Nations Framework Convention on Climate Change. The article systematically researches unintended effects of these programmes and clusters them into four categories. The uncovering of these unintended effects leads to the main research question: do international organizations actually succeed in adapting to these unintended effects? By combining three methods (a structured literature review, a systemic internal programme document analysis and expert interviews), the research finds that organizations struggle to adapt to these unintended effects. Whereas some of the limits to learning can be overcome by enhancing technical capacities, other limits, notably those that are induced by ideological thinking and institutional imperatives, are hard to overcome.

AbstractGreen buildings can play a role in helping countries meet their commitments under the Paris Agreement on Climate Change. Green building can provide an important contribution to sustainability, for example, by improving energy efficiency, by improving indoor air quality, and by effective waste treatment. In practice, we see that there is an increasing interest in various forms of green building. However, the existing literature has not identified the role of law in promoting green building. It is, moreover, striking that green building has taken off in a rather impressive manner in China. Although generally there are still huge environmental problems with which China is confronted, for many years already China has been engaged in green building. This paper wants to examine what explains the relative success of green building in China; What specific legal instruments can be used to promote green building; and what lessons can be drawn more generally from experience in China? The paper uses the theory of smart regulation (Gunningham/Grabosky) and the economic analysis of law to examine the importance of different instruments in promoting green building. The paper comes to two key results, being that no single instrument in itself is optimal to promote green building as a result of which a smart mix needs to be designed to promote green building; moreover, for the specific case of China, it is the large government involvement in the economy that has been able to jump-start green building. The Chinese government has, on the one hand, mandated green building in government projects, but on the other hand, also used market-based instruments (like subsidies and public procurement) to promote green building.

AbstractA number of recent international environmental regimes including the Sustainable Development Goals, the Paris Agreement on climate change and the Sendai Framework for Disaster Risk Reduction rely on soft law featuring voluntary action, wide-ranging provisions for participants and non-binding commitments, while skirting the idea of sanctions. Because of the increasing prevalence of soft law regimes, their intuitional design attributes and characteristics give rise to new questions about regime effectiveness. Concepts such as compliance and participation that originate from the assessment of the effectiveness of hard law regimes need to be revisited and adapted to this new subset with its distinct characteristics. The aim of this study, then, is to empirically investigate the prospects of effectiveness in the specific case of the Hyogo Framework for Action 2005–2015 on disaster risk reduction (DRR) as an illustrative case study of soft law regimes. The study, thereby, examines participation and compliance as key factors of regime effectiveness by analysing data and descriptive statistics based on national reports and their indicators on DRR measures. The study not only aims to advance the understanding of concepts central to the assessment of regime effectiveness in the context of soft law regimes. It also investigates DRR for the first time on a global scale from a regime effectiveness perspective documenting variation on the country level and serving as a guide to interesting cases and comparative research for future study.