Ensuring Compliance With Multilateral Environmental Agreements

Ensuring Compliance With Multilateral Environmental Agreements PDF 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.

Ensuring Compliance With Multilateral Environmental Agreements

Ensuring Compliance With Multilateral Environmental Agreements PDF Author: Ulrich Beyerlin
Publisher: BRILL
ISBN: 9004146172
Category : Law
Languages : en
Pages : 407

Get Book

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.

The Common But Differentiated Responsibility Principle in Multilateral Environmental Agreements

The Common But Differentiated Responsibility Principle in Multilateral Environmental Agreements PDF Author: Tuula Honkonen
Publisher: Kluwer Law International B.V.
ISBN: 9041131531
Category : Law
Languages : en
Pages : 434

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Book Description
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.

The Role of Multilateral Environmental Agreements

The Role of Multilateral Environmental Agreements PDF Author: Britta Sjostedt
Publisher: Bloomsbury Publishing
ISBN: 1509922547
Category : Law
Languages : en
Pages : 282

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Book Description
The environment suffers enormously during armed conflicts and, despite the increasing awareness of the pressing need to protect the planet, devastating environmental damage can occur legally at times of war. This book suggests that – apart from the protection offered under law of armed conflict – environmental treaties or multilateral agreements (MEAs) can complement and strengthen environmental protection when war occurs. Previous research has focused on the protection offered under the law of armed conflict (in particular international humanitarian law) and customary international environmental law concerning wartime environmental damage, or whether environmental treaties remain applicable at times of armed conflict. This book, however, is the first in-depth scholarly examination of how environmental treaties can apply in wartime and how they can contribute to the protection of the environment in relation to armed conflict. It also offers an updated study of environmental protection under the law of armed conflict, including the latest developments in the International Law Commission's work on this underexplored topic.

Ensuring Compliance with Multilateral Environmental Agreements

Ensuring Compliance with Multilateral Environmental Agreements PDF Author: U. Beyerlin
Publisher: BRILL
ISBN: 9047418123
Category : Law
Languages : en
Pages : 406

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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.

Manual on Compliance with and Enforcement of Multilateral Environmental Agreements

Manual on Compliance with and Enforcement of Multilateral Environmental Agreements PDF 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.

The Common but Differentiated Responsibility Principle in Multilateral Environmental Agreements

The Common but Differentiated Responsibility Principle in Multilateral Environmental Agreements PDF Author: Philippos C. Spyropoulos
Publisher: Kluwer Law International B.V.
ISBN: 9041148884
Category : Law
Languages : en
Pages : 434

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Book Description
The Common but Differentiated Responsibility Principle in Multilateral Environmental Agreements

The Effectiveness of Multilateral Environmental Agreements

The Effectiveness of Multilateral Environmental Agreements PDF Author: Nordic Council Of Ministers Staff
Publisher: Nordic Council of Ministers
ISBN: 9789291208210
Category : Environmental law, International
Languages : en
Pages : 156

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Book Description


Guide for Negotiators of Multilateral Environmental Agreements

Guide for Negotiators of Multilateral Environmental Agreements PDF Author: United Nations Environment Programme
Publisher: UNEP/Earthprint
ISBN: 9789280728071
Category : Business & Economics
Languages : en
Pages : 70

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Book Description
A tool to help negotiators of Multilateral Environmental Agreements to prepare strategies and to participate more effectively in the negotiations and focus on environmental issues, their creation of binding international law, and their inclusion.

Compliance Mechanisms Under Selected Multilateral Environmental Agreements

Compliance Mechanisms Under Selected Multilateral Environmental Agreements PDF 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.

The Roads from Rio

The Roads from Rio PDF Author: Pamela Chasek
Publisher: Routledge
ISBN: 1136450882
Category : Law
Languages : en
Pages : 314

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Book Description
At the 1992 United Nations Conference on Environment and Development, popularly known as the Rio Earth Summit, the world’s leaders constructed a new "sustainable development" paradigm that promised to enhance environmentally sound economic and social development. Twenty years later, the proliferation of multilateral environmental agreements points to an unprecedented achievement, but is worth examining for its accomplishments and shortcomings. This book provides a review of twenty years of multilateral environmental negotiations (1992-2012). The authors have participated in most of these negotiating processes and use their first-hand knowledge as writers for the International Institute for Sustainable Development’s Earth Negotiations Bulletin as they illustrate the changes that have taken place over the past twenty years. The chapters examine the proliferation of meetings, the changes in the actors and their roles (governments, nongovernmental organizations, secretariats), the interlinkages of issues, the impact of scientific advice, and the challenges of implementation across negotiating processes, including the Framework Convention on Climate Change, the Convention to Combat Desertification, the Convention on Biological Diversity, the Commission on Sustainable Development, the UN Forum on Forests, the chemicals conventions (Stockholm, Basel and Rotterdam), the Montreal Protocol on Substances that Deplete the Ozone Layer, the Convention on International Trade in Endangered Species, the Convention on Migratory Species and the International Treaty on Plant Genetic Resources for Food and Agriculture.