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43 Wm. & Mary Envtl. L. & Pol'y Rev. 83 (2018-2019)
Environmental Governance and the Global South

handle is hein.journals/wmelpr43 and id is 95 raw text is: ENVIRONMENTAL GOVERNANCE AND THE GLOBAL SOUTH JEFFREY J. MINNETI* ABSTRACT Over the last several decades, efforts to regulate the environment through traditional public law at national and international levels have stalled. In contrast, private environmental governance has flourished as nongovernmental entities have engaged in standard setting and assess- ment practices traditionally left to public government. This Article ob- serves that while private governance of producers' environmental product claims has grown tremendously in recent years, the vast majority of the governance originates in the global North and thrusts the global North's economic and environmental agenda into the global South. In light of recent empirical studies of the effectiveness of such governance, the Article observes that the global North's approach has not worked well-producers in the global South see little benefit from participating in the schemes, and the schemes have had little and in some cases adverse impacts on the global South environment. The Article concedes that private or even a hybrid public-private governance of producers' environmental marketing claims is no panacea to global environmental problems, but it argues that the global South is likely to benefit from such governance, if the schemes originate within the global South and are imbued with Relational Integ- rity Regulation principles. INTRODUCTION Suresh and his wife Dalia have been growing coffee in Kodagu, India, since the early 1990s. They are fortunate to farm land in the West- ern Ghats, a mountainous micro hotspot of biodiversity, in western Director of the Academic Resource Center and Associate Professor of Law, Seattle University School of Law. The author thanks Professor Margaret Chon and Co-Associate Deans for Research and Faculty Development Charlotte Garden and Brooke Coleman for their invaluable feedback on this Article. For their research and writing assistance, the author thanks research assistants Angelica Gonzalez, Stefanie Young, and Maria Luisa Hernandez. And the author is grateful to Seattle University School of Law for its generous financial support of this project. 83

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