Multilateral Compliance Mechanisms in EU Environmental Law PDF Download
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Author: Birgit Hollaus
Publisher: Edward Elgar Publishing
ISBN: 1035302608
Category : Law
Languages : en
Pages : 333
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Book Description
Prompted by recent events in the EU’s international environmental cooperation, this thought-provoking book explores the establishment and use of multilateral environmental compliance mechanisms as part of the EU’s external environmental action. Expanding upon current discussions in external relations law, this timely book uses a doctrinal approach to analyse EU engagement with this key instrument of treaty-based international environmental governance.
Author: Birgit Hollaus
Publisher: Edward Elgar Publishing
ISBN: 1035302608
Category : Law
Languages : en
Pages : 333
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Book Description
Prompted by recent events in the EU’s international environmental cooperation, this thought-provoking book explores the establishment and use of multilateral environmental compliance mechanisms as part of the EU’s external environmental action. Expanding upon current discussions in external relations law, this timely book uses a doctrinal approach to analyse EU engagement with this key instrument of treaty-based international environmental governance.
Author: Ulrich Beyerlin
Publisher: BRILL
ISBN: 9004146172
Category : Law
Languages : en
Pages : 407
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Book Description
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.
Author: Gregory Lawrence Rose
Publisher: UNEP/Earthprint
ISBN: 9789280728064
Category : Law
Languages : en
Pages : 148
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Book Description
This report seeks to perform a comparative analysis of compliance mechanisms under selected multilateral environment agreements (MEAs). It seeks to contribute to UNEP's work on implementation mechanisms for international instruments. The report identifies strategic opportunities for interlinkages and synergies in compliance mechanisms among MEAs.
Author: Tullio Treves
Publisher: T.M.C. Asser Press
ISBN: 9789067045575
Category : Law
Languages : en
Pages : 0
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Book Description
Traditional means of international dispute settlement have proved to be largely ineffective in ensuring the effectiveness of international environmental law. Thus, states are increasingly creating regime-specific systems to control, facilitate and assist the implementation of and compliance with each multilateral environmental agreement. By bringing together the perspectives of scholars, negotiators and practitioners, this book provides a comprehensive and in-depth analysis of the most advanced of these systems, the so-called “non-compliance mechanisms”, in which a specialized treaty body is entrusted with the task of examining cases of non-compliance by State parties. Included are descriptions of each mechanism and an analysis of cross-cutting issues. It also explains how these systems relate to relevant concepts and mechanisms of general international law and, for the first time, of European Union law. The book is a valuable source of information and recommended reading for academics, practitioners, civil servants, NGOs and all those interested in public international law, EC law and environmental law. Tullio Treves is a Judge at the International Tribunal for the Law of the Sea and Professor of International Law at the University of Milan; Laura Pineschi is Professor of International Law at the University of Parma; Attila Tanzi is Professor of International Law at the University of Bologna and Chairperson of the Compliance Committee of the Protocol on Water and Health; Cesare Pitea is Aggregate Professor of International and European Law at the University of Parma; Chiara Ragni is a Senior Researcher in International Law at the University of Milan; and Francesca Romanin Jacur is a Post-doc Researcher in International Law at the University of Milan and Legal Adviser to the Italian Ministry of the Environment, Land and Sea in a project of the University of Siena.
Author: Carl Bruch
Publisher: UNEP/Earthprint
ISBN: 9789280727036
Category : Law
Languages : en
Pages : 796
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Book Description
This Manual expands upon Guidelines on Compliance with and Enforcement of MultilateralEnvironmental Agreements (MEAs). Many States participated in the developmentand negotiation of the Guidelines, which were adopted by the UNEP GoverningCouncil in 2002. While this Manual is not a negotiated document, it also is the result ofa collaborative process involving a wide range of numerous individuals around the world.These people assisted in drafting case studies and other contributions, reviewing the text,and suggesting substantive and formatting changes.
Author: Anna Huggins
Publisher: Routledge
ISBN: 1351974068
Category : Law
Languages : en
Pages : 206
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Book Description
The adoption of administrative procedures in global governance has the potential to foster proper consideration of marginalized actors’ interests, yet risks entrenching the dominance of the well-resourced and powerful. Accordingly, this book proposes a new framework for evaluating the extent to which administrative procedures in the compliance systems of multilateral environmental agreements constrain power and promote regard for the interests of affected states, which are frequently developing and transition countries. This framework is applied to the compliance systems under the Montreal Protocol, the Kyoto Protocol and CITES, which address critical global environmental issues of ozone-layer depletion, climate change and trade in endangered species, respectively. The analysis shows that, under certain conditions, administrative procedures limit the influence of states’ asymmetric power on compliance deliberations. Furthermore, systematic adoption of these procedures increases the opportunities for affected states’ interests to be voiced and considered in compliance decision-making processes.
Author: Belen Olmos Giupponi
Publisher: Routledge
ISBN: 1351031929
Category : Law
Languages : en
Pages : 267
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Book Description
This book explores how compliance with international environmental law has changed over time, offering a critical analysis of its current shifting patterns. Beginning with an overview of compliance with international environmental law, the book goes on to explore in detail: compliance in the different legal regimes instituted by Multilateral Environmental Agreements (MEAs), the addition of new subjects of international law, the legal relations between developed and developing countries, and the emergence of new compliance mechanisms in global environmental law. The analysis takes two key developments into consideration: the evolution in forms of compliance and non-state involvement in compliance with international environmental law. In the final section, three case studies are provided to demonstrate how these changes have occurred in selected areas: climate change, biodiversity and water resources. Throughout the book, topics are illustrated with extracts from specific international environmental law jurisprudence and relevant international environmental law instruments. In doing so, the book offers a comprehensive analysis of compliance with international environmental law, providing original insights and following a clear and systematic structure supported by reference to the sources. This book will be of interest to professionals, academics and students working in the field of compliance with international environmental law.
Author: Mar Campins Eritja
Publisher: Routledge
ISBN: 1000284638
Category : Law
Languages : en
Pages : 186
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Book Description
This book examines how the EU can be a more proactive actor in the promotion of the principles of sustainability and fairness from a legal environmental perspective. The book is one of the results of the research activity of the Jean Monnet Chair in EU Environmental Law (2017-2020) funded by the European Commission under the Erasmus+ programme. The European Union and Global Environmental Protection: Transforming Influence into Action begins with an introduction of the key EU competences, instruments and mechanisms, as well as the current international challenges at the EU level. It then explores case study examples from four regulated fields: climate change, biodiversity, multilateral trade, unregulated fishing, and access to justice; and four unregulated areas: mainstreaming of the Sustainable Development Goals in EU policies, and environmental justice, highlighting the extent to which the EU might align with international environmental regimes or extend its normative power. This volume will be of great relevance to students, scholars, and EU policy makers with an interest in international environmental law and policy.
Author: Martin Hedemann-Robinson
Publisher: Routledge
ISBN: 1351066560
Category : Law
Languages : en
Pages : 84
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Book Description
The international community has generated several hundred multilateral environmental agreements, yet it has been far less successful in developing means to ensure that contracting parties honour them in practice. The subject of law enforcement has traditionally attracted relatively little attention amongst international policy-makers at the formation stage of a multilateral environmental accord. Commonly, the question of how to secure collective adherence to environmental treaty regimes might well only be considered in depth at a much later stage of an environmental agreement’s evolution, if at all. At the same time, the significance of the issue of enforcement has gradually received more considered attention by states and international institutions. Providing an analysis of the nature, extent and current state of the international legal framework concerned with enhancing effective implementation of international environmental law, this book considers the scope and impact of international rules of law whose remit is to require or promote compliance by states with their international environmental legal obligations.
Author: Gracia Marín Durán
Publisher: Bloomsbury Publishing
ISBN: 1847319181
Category : Law
Languages : en
Pages : 380
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Book Description
The book examines the integration of environmental protection requirements into EU external relations focusing on unilateral, bilateral and inter-regional instruments, which have been less explored than the multilateral dimension of EU environmental policy. The book also explores for the first time the complex interplay and mutual influences between EU environmental integration initiatives and environmental multilateralism. On the one hand it identifies the legal and other instruments used by the EU to support the implementation of multilateral environmental agreements in third countries (particularly developing ones). On the other hand, it singles out the legal and other tools employed by the EU as a means to build partnerships with third countries in order to influence ongoing multilateral negotiations concerning the environment and sustainable development, or to contribute to the development of new international environmental norms in the absence of such multilateral negotiations. Ultimately, the book traces the significant evolution of the various tools deployed by the EU to integrate environmental concerns in its external relations, with a view to identifying emerging challenges and future directions.
