Towards the application of economic analyses in the practice of resource management law

Abstract

This paper is an attempt to look beyond the debate concerning the role of economic analysis in the formulation of environmental policy and to consider, from a lawyers perspective, a role or potential role for economics and economists in the actual operational practice of environmental law. A policy framework is outlined, with which to assess the likely use and influence of economic analyses in resource law. It is suggested that notwithstanding considerable incentives provided in the Act for the acquisition by advocates of econonomic information, the ultimate influence that economic analyses may have is likely to be frustrated, due in part to the discursive nature of economics and to the limitations posed by the nature of legal decision making.