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Because environmental problems do not respect borders, their solutions often require international cooperation and agreements. The contributors to this book examine how international environmental agreements are put into practice. Their main concern is effectiveness -- the degree to which such agreements lead to changes in behavior that help to solve environmental problems. Their focus is on implementation -- the process that turns commitments into action, at both domestic and international levels. Implementation is the key to effectiveness because these agreements aim to constrain not just governments but a wide array of actors, including individuals, firms, and agencies whose behavior does not change simply because governments have made international commitments. The book is divided into two parts. Part I looks at international systems for implementation review, through which parties share information, review performance, handle noncompliance, and adjust commitments. Part II looks at implementation at the national level, with particular attention to participation by governmental and nongovernmental actors and to problems in states with economies in transition. The book includes fourteen case studies that cover eight major areas of international environmental regulation: conservation and preservation of fauna and flora, stratospheric ozone depletion, pollution in the Baltic Sea, pollution in the North Sea, trade in hazardous chemicals and pesticides, air pollution in Europe, whaling, and marine dumping of nuclear waste. ContributorsSteinar Andresen, Juan Carlos di Primio, Owen Greene, Ronnie Hjorth, Vladimir Kotov, John Lanchbery, Elena Nikitina, Kal Raustiala, Alexei Roginko, Jon Birger Skj�rseth, Eugene B. Skolnikoff, Olav Schram Stokke, David G. Victor, J�rgen Wettestad.Copublished with theInternational Institute for Applied Systems Analysis
This insightful book explores why implementation of environmental law is too often ineffective in achieving effective environmental governance. It provides careful analysis and innovative proposals to help improve the practical effectiveness of legal i
Built in to every multilateral environmental agreement is a dilemma: how to incorporate justice and fairness on the one hand and effectiveness on the other. Our immense difficulty in meeting this two-edged imperative highlights the fact that we are, at best, at an early stage in the development of international environmental ethics, and that no coherent and effective ethical system yet exists in this context. This remarkable book starts from a conviction that the principle of common but differentiated responsibility (CBDR) offers the best way forward toward the much-desired goal of sustainable development. Presenting a full-scale, multidisciplinary assessment of the feasibility of the principle of CBDR in multilateral environmental agreements, encompassing legal and policy status perspectives as well as historical developments and future prospects, this study identifies issues and aspects in the theoretical and practical application of the CBDR principle. The author responds with in-depth knowledge and awareness to such specific questions as the following: What does the principle of common but differentiated responsibility entail in international environmental law, with special reference to international environmental treaties? How is the principle reflected in the burden-sharing design of current agreements? What problems and challenges does the practical application of the CBDR principle present to the international community and individual countries as well as to the international environmental regimes themselves? What factors should be taken into account when assessing the success or failure of the principle? What is the status of the principle in international environmental law (currently and possibly in the future), and what are its implications in the broader international context? The author examines methods for differentiation from both theoretical and actual treaty-level viewpoints. She offers examples from the negotiation history of international environmental treaties to shed light on the importance of information-sharing and wide participation during the negotiations. Recognizing that, in the international environmental field, problems of economic development and the geopolitics of global wealth distribution soon come to the fore, and that each stateand’s right to development should not be too heavily restricted under international environmental regimes, she demonstrates that the CBDR principle has a strong potential to formally integrate the environment and development at the international level. The study will be of immeasurable value in promoting understanding of how CBDR actually works. It will help lawyers and policymakers perceive how different parties want to use the principle, and to discern clearly what options could be chosen by the parties, which aspects are crucial, and what factors influence the effectiveness of the arrangements.
This study systematically examines how states implement and comply with international environmental accords.
In this publication, a number of recognized practitioners and scholars undertake to explore the realities and the conceptual underpinnings of environmental compliance mechanisms. In a relatively short period of time, such mechanisms were introduced in a wide range of new and existing environmental regimes. Yet, little is known about their function in practice and their implications. This is puzzling when considering, that the new mechanisms considerably depart from traditional patterns of counteraction and dispute settlement. Instead they build on partnership and cooperation and include a wide range of possible reactions, which range from those having coercive power to supportive measures. Quite a number of those mechanisms and their functioning are explained in the publication in order to lay ground for some cross-cutting analysis, which covers inter alia reporting, inspection and monitoring, supportive financial incentives and the interrelationship between compliance mechanisms and the principle of state responsibility and dispute settlement. Finally the role of non-governmental organizations is addressed. Practitioners and scholars in international environmental affairs and international law more generally will benefit significantly from the inside views and thorough reflection as provided for in this book.
This electronic version has been made available under a Creative Commons (BY-NC-ND) open access license. This systematic study considers how international environmental agreements are transformed into political action in Russia, using three illuminating case studies on the implementation process in the fields of fisheries management, nuclear safety and air pollution control. It develops the social science debate on international environmental regimes and "implementing activities" at both national and international level to include regional considerations.
Bringing together contributions from diplomats, UN agency officials, lawyers and academics, this book provides insight into the evolution of international environmental law, diplomacy and negotiating techniques. Based on first-hand experiences and extensive research, the chapters offer a blend of practice and theory, history and analysis, presenting a range of historical episodes and nuances and drawing lessons for future improvements to the processes of law-making and diplomacy. The book represents a synthesis of the most important messages to emerge from the annual course on Multilateral Environmental Agreements, delivered to diplomats and negotiators from around the world for the last decade by the University of Eastern Finland and the United Nations Environment Programme. The book will be of interest as a guide for negotiators and as a supplementary textbook and a reference volume for a wide range of students of law and environmental issues.