Improving Compliance With International Environmental Law
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Improving Compliance With International Environmental Law
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Author : Jacob Werksman
language : en
Publisher: Routledge
Release Date : 2014-01-14
Improving Compliance With International Environmental Law written by Jacob Werksman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-14 with Political Science categories.
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.
Greening International Institutions
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Author : Jacob Werksmann
language : en
Publisher: Routledge
Release Date : 2017-09-25
Greening International Institutions written by Jacob Werksmann and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-25 with Business & Economics categories.
Environmentally sustainable development has become one of the world's most urgent priorities. But countries cannot achieve it alone: it depends on international coordination and action. Greening International Institutions, the latest in a series of highly-acclaimed publications devoted to environmental and developmental law, assesses how far and how successfully intergovernmental organizations have responded to the challenge. The organizations analyzed include: the UN General Assembly, the new Commission for Sustainable Development, UNEP, UNDP and UNCTAD, WTO, GATT, NAFTA, the Bretton Woods institutions and several regional bodies, as well as treaty bodies and the mechanisms for avoiding and settling disputes. For each, the contributors provide an accessible overview of the organization's mandate and structure, examine substantive policy initiatives and assess the need and scope for procedural and institutional reform. Drawing together a collection of essays by lawyers and researchers from various backgrounds, Greening International Institutions is stimulating reading for students and policy-makers, as well as anyone concerned with the development of international institutions. Jacob Werksman is an attorney, a Programme Director at FIELD, and Visiting Lecturer in International Economic Law at the University of London. Greening International Institutions is the fifth volume in the International Law and Sustainable Development series, co-developed with FIELD. The series aims to address and define the major legal issues associated with sustainable development and to contribute to the progressive development of international law. Other titles in the series are: Greening International Law, Interpreting the Precautionary Principle, Property Rights in the Defence of Nature and Improving Compliance with International Environmental Law. 'A legal parallel to the Blueprint series - welcome, timely and provocative' David Pearce Originally published in 1996
Science Based Lawmaking
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Author : Dionysia-Theodora Avgerinopoulou
language : en
Publisher: Springer Nature
Release Date : 2019-08-31
Science Based Lawmaking written by Dionysia-Theodora Avgerinopoulou and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-31 with Law categories.
The Book takes the approach of a critique of the prevailing international environmental law-making processes and their systemic shortcomings. It aims to partly redesign the current international environmental law-making system in order to promote further legislation and more effectively protect the natural environment and public health. Through case studies and doctrinal analyses, an array of initial questions guides the reader through a variety of factors influencing the development of International Environmental Law. After a historical analysis, commencing from the Platonic philosophy up to present, the Book holds that some of the most decisive factors that could create an optimized law-making framework include, among others: progressive voting processes, science-based secondary international environmental legislation, new procedural rules, that enhance the participation in the law-making process by both experts and the public and also review the implementation, compliance and validity of the science-base of the laws. The international community should develop new law-making procedures that include expert opinion. Current scientific uncertainties can be resolved either by policy choices or by referring to the so-called „sound science.“ In formulating a new framework for environmental lawmaking processes, it is essential to re-shape the rules of procedure, so that experts have greater participation in those, in order to improve the quality of International Environmental Law faster than the traditional processes that mainly embrace political priorities generated by the States. Science serves as one of the main tools that will create the next generation of International Environmental Law and help the world transition to a smart, inclusive, sustainable future.
Enforcement Of International Environmental Law
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Author : Martin Hedemann-Robinson
language : en
Publisher: Routledge
Release Date : 2018-07-16
Enforcement Of International Environmental Law written by Martin Hedemann-Robinson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-16 with Law categories.
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.
Future Generations And International Law
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Author : Emmanuel Agius
language : en
Publisher: Routledge
Release Date : 2013-12-19
Future Generations And International Law written by Emmanuel Agius and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-19 with Political Science categories.
Sustainable development requires consideration of the quality of life that future generations will be able to enjoy, and as the adjustment to sustainable lifestyles gathers momentum, the rights of future generations and our responsibility for their wellbeing is becoming a central issue. In this, the first book to address this emerging area of international law, leading experts examine the legal and theoretical frameworks for representing and safeguarding the interests of future generations in current international treaties. This unique volume will be required reading for academics and students of international environmental law and policy. Emmanuel Agius is Senior Lecturer at the Faculty of Theology and Coordinator of the Future Generations Programme at the Foundation for International Studies, University of Malta. Salvino Busuttil is former Director General of the Foundation for International Studies. Future Generations and International Law is the seventh volume in the International Law and Sustainable Development series, co-developed with FIELD. The series aims to address and define the major legal issues associated with sustainable development and to contribute to the progressive development of international law. Other titles in the series are: Greening International Law, Interpreting the Precautionary Principle, Property Rights in the Defence of Nature, Improving Compliance with International Environmental Law, Greening International Institutions and Quotas in International Environmental Agreements. 'A legal parallel to the Blueprint series - welcome, timely and provocative' David Pearce Originally published in 1997
Ensuring Compliance With Multilateral Environmental Agreements
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Author : Ulrich Beyerlin
language : en
Publisher: BRILL
Release Date : 2006
Ensuring Compliance With Multilateral Environmental Agreements written by Ulrich Beyerlin and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
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 Compliance In Context
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Author : Belen Olmos Giupponi
language : en
Publisher: Routledge
Release Date : 2021-04-22
International Environmental Law Compliance In Context written by Belen Olmos Giupponi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-22 with Law categories.
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.
Paris Climate Agreement A Deal For Better Compliance
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Author : Zerrin Savaşan
language : en
Publisher: Springer
Release Date : 2019-04-23
Paris Climate Agreement A Deal For Better Compliance written by Zerrin Savaşan and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-23 with Science categories.
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
Non Compliance Procedures And Mechanisms And The Effectiveness Of International Environmental Agreements
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Author : Tullio Treves
language : en
Publisher: T.M.C. Asser Press
Release Date : 2009
Non Compliance Procedures And Mechanisms And The Effectiveness Of International Environmental Agreements written by Tullio Treves and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
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.
Engaging Countries
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Author : Edith Brown Weiss
language : en
Publisher: MIT Press
Release Date : 2000
Engaging Countries written by Edith Brown Weiss and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
This study systematically examines how states implement and comply with international environmental accords.