The Making Of International Environmental Treaties

Author : Gerry Nagtzaam
Publisher : Edward Elgar Publishing
Page : 389 pages
File Size : 51,8 Mb
Release : 2009
Category : Law
ISBN : 9781849803489

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The Making of International Environmental Treaties by Gerry Nagtzaam Pdf

Gerry Nagtzaam contends that in recent decades neoliberal institutionalist scholarship on global environmental regimes has burgeoned, as has constructivist scholarship on the key role played by norms in international politics. In this innovative volume, the author sets these interest- and norm-based approaches against each other in order to test their ability to illustrate why and how different environmental norms take hold in some regimes and not others. The book explores why some global environmental treaties seek to preserve and protect some parts of nature from human utilization, some seek to conserve certain parts of nature for human development, whilst others allow the reckless exploitation of nature without accounting for the consequences. It tracks the fate of these three underlying environmental norms preservation, conservation and exploitation using case studies on whaling, mining in Antarctica and tropical timber. The book illustrates how international political battles to shape environmental regimes inevitably result in clashes between these competing environmental norms. This unique study will prove a fascinating read for both academics and practitioners in the fields of international environmental politics and international environmental law.

Author : Tuomas Kuokkanen,Ed Couzens,Tuula Honkonen,Melissa Lewis
Publisher : Routledge
Page : 260 pages
File Size : 55,7 Mb
Release : 2016-01-29
Category : Law
ISBN : 9781317530244

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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.

Author : Gerald Nagtzaam
Publisher : Unknown
Page : 0 pages
File Size : 52,7 Mb
Release : 2009
Category : Environmental law, International
ISBN : 1848444222

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The making of international environmental treaties : neoliberal and constructivist analyses of normative evolution by Gerald Nagtzaam Pdf

Author : Scott Barrett
Publisher : OUP Oxford
Page : 460 pages
File Size : 49,5 Mb
Release : 2003-01-09
Category : Business & Economics
ISBN : 0191531448

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Environment and Statecraft : The Strategy of Environmental Treaty-Making by Scott Barrett Pdf

Environmental problems like global climate change and stratospheric ozone depletion can only be remedied if states cooperate with one another. But sovereign states usually care only about their own interests. So states must somehow restructure the incentives to make cooperation pay. This is what treaties are meant to do. A few treaties, such as the Montreal Protocol on Substances that Deplete the Ozone Layer, succeed. Most, however, fail to alter the state behaviour appreciably. This book develops a theory that explains both the successes and the failures. In particular, the book explains when treaties are needed, why some work better than others, and how treaty design can be improved. The best treaties strategically manipulate the incentives states have to exploit the environment, and the theory developed in this book shows how treaties can do this. The theory integrates a number of disciplines, including economics, political science, international law, negotiation analysis, and game theory. It also offers a coherent and consistent approach. The essential assumption is that treaties be self-enforcing-that is, individually rational, collectively rational, and fair. The book applies the theory to a number of environmental problems. It provides information on more than three hundred treaties, and analyses a number of case studies in detail. These include depletion of the ozone layer, whaling, pollution of the Rhine, acid rain, over-fishing, pollution of the oceans, and global climate change. The essential lesson of the book is that treaties should not just tell countries what to do. Treaties must make it in the interests of countries to behave differently. That is, they must restructure the underlying game. Most importantly, they must create incentives for states to participate in a treaty and for parties to comply.

Author : Denise DeGarmo
Publisher : Routledge
Page : 194 pages
File Size : 50,7 Mb
Release : 2013-10-14
Category : Political Science
ISBN : 9781135468071

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International Environmental Treaties and State Behavior by Denise DeGarmo Pdf

Despite the growing recognition of the importance of environmental issues for nation-state security, current research on international environmental security is insufficient. Although scholars in the field of International Relations believe that there is an appropriate role for international relations theory in analyzing global environmental concerns, the existing literature is predominantly descriptive or prescriptive rather than analytical. This study attempts to remedy this problem by conducting an empirical analysis of nation-state behavior in the international environmental realm.

Author : Geir Ulfstein
Publisher : Cambridge University Press
Page : 36 pages
File Size : 40,6 Mb
Release : 2007-04-12
Category : Law
ISBN : 9781139464819

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Making Treaties Work by Geir Ulfstein Pdf

There is an increasing focus on the need for national implementation of treaties. International law has traditionally left enforcement to the individual parties, but more and more treaties contain arrangements to induce States to comply with their commitments. Experts in this 2007 book examine three forms of such mechanisms: dispute settlement procedures in the form of international courts, non-compliance procedures of an administrative character, and enforcement of obligation by coercive means. Three fields are examined, namely human rights, international environmental law, and arms control and disarmament. These areas are in the forefront of the development of international law and deal with multilateral, rather than purely bilateral issues. Each part of the book on human rights, international environmental law and arms control contain a general introduction and case studies of the relevant treaties in the field. Will appeal widely to both generalists and specialists in international law and relations.

Author : Malgosia Fitzmaurice,Duncan French
Publisher : BRILL
Page : 165 pages
File Size : 53,6 Mb
Release : 2015-08-07
Category : Law
ISBN : 9789004297845

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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.

Author : Peter H. Sand
Publisher : Cambridge University Press
Page : 552 pages
File Size : 51,5 Mb
Release : 1992-10
Category : Law
ISBN : 1857010043

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The Effectiveness of International Environmental Agreements by Peter H. Sand Pdf

First published in 1990, this is a reissue of Professor Hilary Putnam’s dissertation thesis, written in 1951, which concerns itself with The Meaning of the Concept of Probability in Application to Finite Sequencesand the problems of the deductive justification for induction. Written under the direction of Putnam’s mentor, Hans Reichenbach, the book considers Reichenbach’s idealization of very long finite sequences as infinite sequences and the bearing this has upon Reichenbach’s pragmatic vindication of induction.

Author : Simone Schiele
Publisher : Cambridge University Press
Page : 313 pages
File Size : 44,9 Mb
Release : 2014-06-12
Category : Law
ISBN : 9781107044159

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Evolution of International Environmental Regimes by Simone Schiele Pdf

Using the international climate regime as an example, Simone Schiele analyses the ability of international environmental regimes to evolve over time.

Author : Tuula Honkonen
Publisher : Kluwer Law International B.V.
Page : 434 pages
File Size : 40,6 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 : Ulrich Beyerlin,Peter-Tobias Stoll,Rüdiger Wolfrum
Publisher : BRILL
Page : 407 pages
File Size : 47,8 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 : Anonim
Publisher : Unknown
Page : 680 pages
File Size : 52,9 Mb
Release : 2002
Category : Environmental law, International
ISBN : 967891252X

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International Environmental Conventions and Treaties by Anonim Pdf

Author : Lawrence E. Susskind,Saleem H. Ali
Publisher : Oxford University Press
Page : 216 pages
File Size : 45,7 Mb
Release : 2014-10-16
Category : Law
ISBN : 9780199397983

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Environmental Diplomacy by Lawrence E. Susskind,Saleem H. Ali Pdf

International environmental agreements have increased exponentially within the last five decades. However, decisions on policies to address key issues such as biodiversity loss, climate change, ozone depletion, hazardous waste transport and numerous other planetary challenges require individual countries to adhere to international norms. What have been the successes and failures in the environmental treaty-making arena? How has the role of civil society and scientific consensus contributed to this maturing process? Why have some treaties been more enforceable than others and which theories of international relations can further inform efforts in this regard? Addressing these questions with renewed emphasis on close case analysis makes this volume a timely and thorough postscript to the Rio-Plus 20 summit's celebrated invocation document, The Future We Want, towards sustainable development. Environmental Diplomacy: Negotiating More Effective Global Agreements provides an accessible narrative on understanding the geopolitics of negotiating international environmental agreements and clear guidance on improving the current system. In this book, authors Lawrence Susskind and Saleem Ali expertly observe international environmental negotiations to effectively inform the reader on the geopolitics of protecting our planet. This second edition offers an additional perspective from the Global South as well as providing a broader analysis of the role of science in environmental treaty-making. It provides a unique contribution as a panoramic analysis of the process of environmental treaty-making.

Author : Jacob Werksman,James Cameron,Peter Roderick
Publisher : Routledge
Page : 463 pages
File Size : 44,7 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 : Pierre-Marie Dupuy,Jorge E. Viñuales
Publisher : Cambridge University Press
Page : 517 pages
File Size : 45,9 Mb
Release : 2015-04-23
Category : Law
ISBN : 9781107041240

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International Environmental Law by Pierre-Marie Dupuy,Jorge E. Viñuales Pdf

An accessible, up-to-date and legally rigorous introduction to contemporary international environmental law. Detailed references combined with numerous figures and tables provide a conceptually clear understanding of the law in this area.