Flexible instruments, non-binding instruments, market instruments: an relevant alternative for environmental protection ?

The question is whether the traditional administrative law instruments, authoritarian, are best suited for environmental protection. The rational economic agent or capitalist is not naturally inclined to protect the environment. The environmental law almost always must thwart individual liberty and the pursuit of profit or comfort. Consequently, consensual and non-binding instruments are not the most naturally suited to protecting the environment. The main legal instruments of environmental law are reviewed: prohibition, authorization, non-legal action, gentlemen's agreements, contracts, tax incentives, market pollution