The Common But Differentiated Responsibility Principle In Multilateral Environmental Agreements
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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 stateands 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.
Emerging Principles of International Environmental Law by Sumudu Atapattu Pdf
Emerging Principles of International Environmental Law is ideally suited for any law or environmental studies student, practitioner or law academic who is interested in the legal status of emerging principles in the field of international environmental law. Among its highlights, the text examines the interaction of principles/concepts such as sustainable development, the precautionary principle etc., with one another and how the present international environmental law regime has taken the vast disparity between developed and developing countries into account in designing innovative methods to accommodate this disparity.
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.
International Environmental Law-making and Diplomacy by Tuomas Kuokkanen,Ed Couzens,Tuula Honkonen,Melissa Lewis Pdf
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.
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.
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.
International Environmental Law and Governance by Malgosia Fitzmaurice,Duncan French Pdf
This publication present in-depth study of the very topical subject-matter of legal powers of Conferences of the Parties established on the basis of Multilateral Environmental Agreements. The book deals with the legitimacy and efficiency of the decisions of such bodies.
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.
The Roads from Rio by Pamela Chasek,Lynn M. Wagner Pdf
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.
International Environmental Law, Volume I by Paula M. Pevato Pdf
This title was first published in 2003. Viewed as a prelude to a broader spectrum of perspectives and approaches captured within international protection of the environment, these volumes offer an invitation to further exploration. Covering a broad array of topics, the essays chosen convey pivotal breakthroughs in international environmental law.
Guide for Negotiators of Multilateral Environmental Agreements by United Nations Environment Programme Pdf
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.
Equality Among Unequals In International Environmental Law by Anita Margrethe Halvorssen Pdf
This book provides an examination of the principles of equality and equity in international environmental law. It focuses on analyzing what has been done on the international plane to promote the participation of developing countries in international environmental agreements.
The Rio Declaration on Environment and Development by Jorge E. Viñuales Pdf
The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.
Written by the Senior Legal Counsel of the Ozone Secretariat, this book critically examines the implementation of the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer. This successful Protocol represents a dynamic legal regime that has made significant contributions to the progressive development of international environmental law resulting from innovative legal approaches, unparalleled in the history of treaty making, such as the use of framework treaties, simplified treaty amendment procedures and Ã?«soft lawÃ?Â- instruments. The author addresses issues related to environmental governance, environmental financing and the non-compliance procedure. The Montreal Protocol has considerably influenced subsequent multilateral environmental agreements, such as the Climate Change Convention and the Kyoto Protocol, as they have embraced similar financial mechanisms and non-compliance regimes. As the Montreal Protocol plays an important role in the development of international environmental law, a book that specifically deals with this significant Protocol cannot fail to be of importance to anyone interested in this area of law.
