Non Compliance Procedures And Mechanisms And The Effectiveness Of International Environmental Agreements

Author : Tullio Treves,Attila Tanzi,Cesare Pitea,Chiara Ragni,Laura Pineschi
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 41,7 Mb
Release : 2009
Category : Law
ISBN : 9067045578

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Non-Compliance Procedures and Mechanisms and the Effectiveness of International Environmental Agreements by Tullio Treves,Attila Tanzi,Cesare Pitea,Chiara Ragni,Laura Pineschi Pdf

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 : Gregory Lawrence Rose,United Nations Environment Programme
Publisher : UNEP/Earthprint
Page : 148 pages
File Size : 41,7 Mb
Release : 2007
Category : Law
ISBN : 9280728067

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Compliance Mechanisms Under Selected Multilateral Environmental Agreements by Gregory Lawrence Rose,United Nations Environment Programme Pdf

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,Attila Tanzi,Cesare Pitea,Chiara Ragni,Laura Pineschi
Publisher : T.M.C. Asser Press
Page : 634 pages
File Size : 54,7 Mb
Release : 2009-04-02
Category : Law
ISBN : 9067042730

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Non-Compliance Procedures and Mechanisms and the Effectiveness of International Environmental Agreements by Tullio Treves,Attila Tanzi,Cesare Pitea,Chiara Ragni,Laura Pineschi Pdf

Non-Compliance Procedures and Mechanisms and the Effectiveness of International Environmental Agreements Editors Tullio Treves, Laura Pineschi, Attila Tanzi, Cesare Pitea, Chiara Ragni, Francesca Romanin Jacur A project of the Universities of Milan, Bologna and Parma co-? nanced by the Italian Ministry of University and Research T. M. C. ASSER PRESS The Hague Foreword iv Published by T. M. C. ASSER PRESS P. O. Box 16163, 2500 BD The Hague, The Netherlands T. M. C. ASSER PRESS’ English language books are distributed exclusively by Cambridge University Press, The Edinburgh Building, Shaftesbury Road, Cambridge CB2 2RU, UK, or, for customers in the USA, Canada and Mexico: Cambridge University Press, 100 Brook Hill Drive, West Nyack, NY 10994-2133, USA The publication of this book was supported by the ? nancial contribution of the Italian Ministry of University and Research (MIUR) and of the Universities of Milano, Bologna and Parma, within the framework of a research project of national interest (PRIN 2005, n. 2005124407). ISBN 978-90-6704-273-4 All rights reserved. © 2009, T. M. C. Asser Press, The Hague, The Netherlands, and the Authors This publication is protected by international copyright law. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior wr- ten permission of the copyright owners.

Author : Jacob Werksman,James Cameron,Peter Roderick
Publisher : Routledge
Page : 463 pages
File Size : 43,6 Mb
Release : 2014-01-14
Category : Political Science
ISBN : 9781134170616

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Improving Compliance with International Environmental Law by Jacob Werksman,James Cameron,Peter Roderick Pdf

Measures for regulating the behaviour of nation states in relation to the global environment have increasingly taken the form of international treaties and conventions. Many have argued that this has proved to be an ineffective way of halting unsustainable development, for the provisions of these agreements are either too weak or are flouted regularly by the parties concerned. This volume seeks to address the crucial question of how compliance with these agreements could be encouraged effectively without damaging the fragile political consensus that is emerging on environmental issues. With extensive use of case studies, Improving Compliance will make stimulating reading for all students and researchers working in this area, as well as for anyone concerned about the effectiveness of international environmental measures.

Author : Ulrich Beyerlin,Peter-Tobias Stoll,Rüdiger Wolfrum
Publisher : BRILL
Page : 407 pages
File Size : 51,7 Mb
Release : 2006
Category : Law
ISBN : 9789004146174

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Ensuring Compliance With Multilateral Environmental Agreements by Ulrich Beyerlin,Peter-Tobias Stoll,Rüdiger Wolfrum Pdf

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 : Belen Olmos Giupponi
Publisher : Routledge
Page : 267 pages
File Size : 55,6 Mb
Release : 2021-04-22
Category : Law
ISBN : 9781351031929

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International Environmental Law Compliance in Context by Belen Olmos Giupponi Pdf

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 : Birgit Hollaus
Publisher : Edward Elgar Publishing
Page : 333 pages
File Size : 45,7 Mb
Release : 2023-07-01
Category : Law
ISBN : 9781035302604

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Multilateral Compliance Mechanisms in EU Environmental Law by Birgit Hollaus Pdf

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 : Anna Huggins
Publisher : Routledge
Page : 206 pages
File Size : 47,5 Mb
Release : 2017-11-27
Category : Law
ISBN : 9781351974066

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Multilateral Environmental Agreements and Compliance by Anna Huggins Pdf

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 : Martin Hedemann-Robinson
Publisher : Routledge
Page : 84 pages
File Size : 53,9 Mb
Release : 2018-07-16
Category : Law
ISBN : 9781351066563

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Enforcement of International Environmental Law by Martin Hedemann-Robinson Pdf

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 : Carl Bruch,United Nations Environment Programme
Publisher : UNEP/Earthprint
Page : 796 pages
File Size : 45,6 Mb
Release : 2006
Category : Law
ISBN : 9280727036

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Manual on Compliance with and Enforcement of Multilateral Environmental Agreements by Carl Bruch,United Nations Environment Programme Pdf

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 : Tuula Honkonen
Publisher : Kluwer Law International B.V.
Page : 434 pages
File Size : 47,5 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041131539

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The Common But Differentiated Responsibility Principle in Multilateral Environmental Agreements by Tuula Honkonen Pdf

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.

Author : Edith Brown Weiss,Harold Karan Jacobson
Publisher : MIT Press
Page : 644 pages
File Size : 54,7 Mb
Release : 2000
Category : Law
ISBN : 0262731320

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Engaging Countries by Edith Brown Weiss,Harold Karan Jacobson Pdf

This study systematically examines how states implement and comply with international environmental accords.

Author : Nordic Council Of Ministers Staff
Publisher : Nordic Council of Ministers
Page : 156 pages
File Size : 53,7 Mb
Release : 1997
Category : Environmental law, International
ISBN : 9291208213

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The Effectiveness of Multilateral Environmental Agreements by Nordic Council Of Ministers Staff Pdf

Author : Zerrin Savaşan
Publisher : Springer
Page : 316 pages
File Size : 41,6 Mb
Release : 2019-04-23
Category : Science
ISBN : 9783030143138

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Paris Climate Agreement: A Deal for Better Compliance? by Zerrin Savaşan Pdf

This book discusses options for an improved compliance system under the Paris Climate Agreement by addressing current weaknesses. The research is based on two cases, the Compliance Mechanisms of the Montreal and Kyoto Protocols and their outcomes in practice. This book analysed the different meanings of tthe compliance concept of Compliance Mechanisms (CMs) and Multilateral Environmental Agreements (MEAs) in chapter 3, on the theories and two basic explanatory models on compliance (chapter 4), on the development of CMs and the limitations of traditional means (chapter 5), and the questions on the CMs under the Kyoto and the Montreal Protocols (chapter 6). Based on its findings, options for an improved compliance system under the Paris Climate agreement are asked (chapter 7). This book • Offers a detailed understanding of compliance and existing compliance mechanisms (CMs),• elaborates the CMs' present features on the basis of its case studies,• includes the latest information on CMs and its case studies,• discusses options for an improved compliance system under the Paris Climate Agreement figuring out the current weaknesses

Author : Niko Urho,Maria Ivanova,Anna Dubrova,Natalia Escobar-Pemberthy
Publisher : Nordic Council of Ministers
Page : 106 pages
File Size : 47,9 Mb
Release : 2019-02-20
Category : Nature
ISBN : 9789289360807

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International Environmental Governance by Niko Urho,Maria Ivanova,Anna Dubrova,Natalia Escobar-Pemberthy Pdf

A plethora of environmental problems are ravaging the planet and its inhabitants. How well do existing structures convene governments to address these challenges? What is the role of science and civil society in this context? And, does international cooperation properly support countries with limited capacities? This report seeks to respond to these questions, based on an analysis of actions taken to renew international environmental governance to fulfill commitments made at the UN Conference on Sustainable Development (Rio+20) in 2012. This report outlines possibilities to strengthen the UN Environment Programme and to enhance synergies among global environmental conventions to ensure that international environmental governance continues evolving and improving to secure human well-being and planetary health.