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View translated passages only
Oxford Law Citator
Contents
Expand All
Collapse All
Preliminary Material
Preface
Contents
Table of Cases
International and Regional Instruments
National Legislation
Notes on the Contributors
Abbreviations
Main Text
Ch.1 International Environmental Law Mapping the Field
1 Some Distinctive Features of International Environmental Problems
2 Traditional State-Centric Approach
3 New Types of Environmental Concerns in International Law
3.1 Common Concerns
3.2 Future Generations
3.3 From Anthropocentrism to Environmental Protection as an End in Itself?
4 Actors and Institutions
4.1 States
4.2 International Institutions
4.3 Non-State Actors
5 Normative Development
6 Compliance
7 Conclusion: Is International Environmental Law a Distinct Field?
Recommended Reading
Part I General Issues
Ch.2 The Evolution of International Environmental Law
1 Traditional Era
2 Modern Era
2.1 Treaty Developments
2.2 Developments in Dispute Settlement
2.3 Developments in National Law
2.4 Development of International Environmental Law as a Discipline
3 Post-Modern Era
Recommended Reading
Ch.3 Paradigms and Discourses
1 Introduction
2 Basic Concepts
3 Mapping Environmental Discourses
4 Major Environmental Discourses
4.1 Survivalism and Its Promethean Opposite
4.2 Problem Solving Discourses
4.3 Sustainability
4.4 Green Radicalism
5 Relative Importance of Discourses
6 Conclusion
Recommended Reading
Ch.4 Global Environmental Governance as Administration Implications for International Law
1 Introduction
2 Administrative Law Concepts in Global Environmental Governance
2.1 Delegation
2.2 Accountability
2.3 Deliberation and Reason-Giving
2.4 Dynamic Effects
2.5 General versus Specific Norms
2.6 Overview
3 Distributed Administration
4 International Administration
5 Network Administration
6 Hybrid and Private Administration
7 Conclusion
Recommended Reading
Ch.5 Levels of Environmental Governance
1 Introduction
2 Trends in Environmental Governance
3 Normative Approaches to Environmental Governance
3.1 Presumption against Centralization
3.2 Approaches that Favour Centralization
3.2.1 Externalities
3.2.2 Game Theoretic Approaches
3.2.2.1 Prisoner’s Dilemma
3.2.2.2 Tragedy of the Commons
3.2.3 Regulatory Competition
3.2.4 Public Choice
3.2.5 Polycentric Governance: Multi-Level and Multi-Regime Models of Environmental Governance
4 Advancing Debates over Environmental Governance
4.1 Comparative Institutional Analysis
4.2 Explaining the Incidence, Stringency, and Evolution of Environmental Governance
4.3 Disaggregating Environmental Governance
4.4 The Elusive Quest for Optimality: The Limits of Environmental Governance Debates
5 Conclusion
Recommended Reading
Ch.6 Formality and Informality
Recommended Reading
Ch.7 Relationship Between International Environmental Law and Other Branches of International Law
1 Introduction
2 Re-interpretation as a Tool of Integration?
3 Inter-Relationship of Treaties in General
4 International Environmental Law and WTO Law
5 Interaction of Environmental Treaties: the LOSC and the CBD
6 Environment and Human Rights
7 Dispute Settlement and Applicable Law
8 Conclusions
Recommended Reading
Ch.8 Instrument Choice
1 Basic Types of Environmental Regulatory Instruments
1.1 Command and Control Regulation
1.2 Economic Instruments
1.3 Information-Based Approaches
1.4 Hybrid Regulatory Approaches
2 Characteristics and Performance of Different Environmental Regulatory Instruments
3 Environmental Regulatory Instrument Choice in the Domestic Context
4 Environmental Regulatory Instrument Choice in the International Context
4.1 Distinctive Characteristics of International Environmental Regulation
4.2 International Regulatory Instruments Governing Interactions among States
4.3 Domestic Regulatory Instruments to Implement International Environmental Agreements
4.3.1 International Agreements that Do Not Specify Domestic Implementing Instruments
4.3.2 International Specification of, or Constraints on, the Choice of Domestic Instruments
4.3.2.1 Command and Control Instruments
4.3.2.2 Economic Instruments
4.3.2.3 Information-Based Approaches
5 Conclusion: An Agenda for Future Research
5.1 Comparative Analysis of Functional Characteristics and Performance of Different Instruments
5.2 Positive Theory Regarding Instrument Choice
5.3 Governance Issues
5.4 Evolution of International Environmental Law
Recommended Reading
Ch.9 Science and Technology from Agenda Setting to Implementation
1 Introduction
2 Effectiveness, Science, and Technology
2.1 Defining and Explaining Effectiveness
2.2 Role of Science and Knowledge
2.3 Role of Technology in Environmental Policy
3 Role of Science in International Environmental Regimes
3.1 Why Science Matters to Policy-Makers
3.2 What Determines the Impact of Science?
4 Technology in International Environmental Regimes and National Environmental Policy
4.1 International Environmental Regimes and Technological Change
4.1.1 Technology Specifications in International Regimes
4.1.2 Commitments that Indirectly Affect Technology
4.2 Domestic Policy Instruments and Technological Change
5 Concluding Comments
Recommended Reading
Part II Analytical Tools and Perspectives
Ch.10 International Relations Theory
1 Introduction
2 Realism and Neo-Realism: IR’s Period of Hostility to IL
3 Rise of Neo-Liberal Institutionalism and Regime Theory
3.1 Neo-Liberal Institutionalism as a Response to Realism
3.2 Regime Theory and IL Scholarship
4 Alternatives to Institutionalist Regime Theory: Liberalism and Constructivism
4.1 Liberalism
4.2 Constructivism
5 Legalization and IR Theories
6 The Common IEL and IR Agenda
6.1 Participation
6.2 Form of Commitment
6.3 Compliance
7 Conclusions and Cautions
Recommended Reading
Ch.11 An Economic Theory of International Environmental Law
1 Introduction
2 Why an ‘Economic’ Theory of International Environmental Law?
3 Why Not a General Theory of International Law?
4 Institutions and Organizations
5 Typology of Interdependence
6 Calculating Payoffs
7 An Experimental Perspective
8 Customary Law
9 Theory of Treaty Design
9.1 Treaty Participation
9.2 Minimum Participation
9.3 Compliance
9.4 Narrow and Deep versus Broad and Shallow Treaties
9.5 Tipping Treaties
9.6 Trade Restrictions
9.7 Asymmetric Countries
9.8 Compensating Payments
10 Conclusion
Recommended Reading
Ch.12 Critical Approaches
1 Introduction: Locating Critical Approaches
2 Feminist Approaches
2.1 Feminist Theory: Schools of Thought
2.2 Feminist Engagement with Development and Environment
2.3 Feminist Engagement with International Law
3 Post-Colonial Approaches
3.1 Post-Colonial Theory Generally
3.2 Post-Colonial Theory and International Law
3.3 Approaches from Civil Society: The Concept of Ecological Debt
4 Development and Its Critics
4.1 Development and Post-Development
4.2 A Post-Development Perspective on Sustainable Development
4.3 Alternatives to Development?
5 Globalization and Anti-Globalization
5.1 The Globalization Debate Generally
5.2 Globalization and the Environment
5.3 Alternatives to Globalization
6 Environmental Justice
6.1 Origins of Environmental Justice
6.2 Principles of Environmental Justice
6.3 Comparative and International Dimensions of Environmental Justice: Environmentalism of the Poor
7 Conclusion
Recommended Reading
Ch.13 Ethics and International Environmental Law
1 Ethics
2 Environmental Ethics
2.1 Human Welfare-Regarding Environmental Ethics
2.2 Direct Environment-Regarding Ethics
2.2.1 Foundational Challenge
2.2.2 Question of Priorities
2.3 Human Character/Ideal-Regarding Environmental Ethics
3 Ethics among People with Respect to the Environment
4 Ethics among Generations with Respect to the Environment
4.1 Temporally Remote Tort
4.2 Sustainable Development
4.2.1 Sustainable Development as a Welfare-Transfer Constraint
4.2.2 Sustainable Development as Preservationism
4.2.3 Welfarist and Preservationist Models Critiqued
Recommended Reading
Part III Basic Issue Areas
Ch.14 Atmosphere and Outer Space
1 Introduction
2 Context
3 Transboundary Air Pollution
3.1 Transboundary Transport of Industrial Pollutants
3.2 Major Industrial Accidents
4 Ozone Layer Depletion
4.1 Building the Regime to Protect the Ozone Layer
4.2 Managing North-South Issues
4.3 Encouraging Participation
5 Global Climate Change
5.1 Building the Global Climate Change Regime
5.2 Differentiation
5.3 Flexibility Mechanisms
6 Outer Space
7 Summary and Key Conclusions
Recommended Reading
Ch.15 Ocean and Freshwater Resources
1 Introduction
2 Ocean Resources
2.1 Marine Resources and the Conservation of the Marine Environment
2.1.1 Marine Resources
2.1.2 Marine Pollution
2.2 International Regulatory Responses
2.2.1 Jurisdictional Issues
2.2.2 Regulation of Vessel-Source Pollution
2.2.3 Regulation of Ocean Dumping
2.2.4 Regulation of Pollution from Land-Based Sources
2.2.5 Regional Approaches
3 Freshwater Resources
3.1 Environmental Provisions of the Watercourses Convention
3.1.1 Principle of Equitable Utilization and the No Harm Rule
3.1.2 Protection, Preservation, and Management of Watercourse Ecosystems
3.2 UN Economic Commission for Europe (ECE) Convention on the Protection and Use of Transboundary Watercourses and International Lakes (UNECE Convention)
3.3 Other Multilateral and Bilateral Agreements
4 Conclusion
Recommended Reading
Ch.16 Biological Resources
1 Introduction
2 Definition of Biological Resources
3 Theoretical and Managerial Approaches to Conserving Biological Resources
3.1 Notion of Value of Biological Resources
3.2 Managerial Approaches to Biological Resources
4 Types of Regimes for the Conservation of Biological Resources
4.1 Regulation of Harvest
4.1.1 Harvest of Species
4.1.2 Harvest of Genetic Resources
4.2 Protection of Habitat
4.3 Regulation of Trade
4.3.1 Control of Exploitation
4.3.2 Control of Alien or Invasive Introductions
5 Types of Measures Used
5.1 Measures Regulating Direct Threats
5.2 Measures Regulating Indirect Threats
6 Biological Resources and the Twenty-First Century
Recommended Reading
Ch.17 Hazardous Substances and Activities
1 Introduction
1.1 Public Policies for Addressing Toxics
1.2 International Dimensions of Regulating Toxics: Hard and Soft Law
2 Hazard Identification and Testing
2.1 Organisation for Economic Cooperation and Development (OECD) Harmonization Initiatives
2.2 Initiatives in the United Nations System
3 Conditions of Production and Use
3.1 Stockholm Convention
3.2 Multilaterally Agreed Standards for Pesticides and Other Toxics
4 Regulation of Pollutant Releases
4.1 UN Economic Commission for Europe (UNECE) Protocols on Air Pollution
4.2 Multilateral Agreements on Land-Based Sources of Marine Pollution
5 Hazardous Processes and Industrial Accidents
5.1 ECE Convention on the Transboundary Effects of Industrial Accidents
5.2 Multilaterally Agreed Good Practice Standards for Industrial Accidents
6 International Trade in Hazardous Substances, Products, and Waste
6.1 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel Convention) and the Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa (Bamako Convention)
6.2 PIC Convention
6.3 Cartagena Protocol on Biosafety (Cartagena Protocol)
7 Disposal of Toxic Waste
7.1 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Convention)
7.2 International Atomic Energy Agency (IAEA) Agreements and Standards
8 Integrated Approaches to Pollution Prevention
8.1 Basel Convention
8.2 OECD Recommendation on Pollution Prevention
9 Other Related Policies
9.1 Right to Know
9.2 Environmental Impact Assessment (EIA)
10 Conclusion
Recommended Reading
Part IV Normative Development
Ch.18 Different Types of Norms in International Environmental Law Policies, Principles, and Rules
1 Introduction
2 Legal Discussion on International Environmental ‘Twilight’ Norms
2.1 Identification of ‘Twilight’ Norms in Current International Environmental Law
2.2 Environmental ‘Twilight’ Norms as Diagnosed by Legal Experts and Scholars
2.3 Result
3 Dworkin-Based Typology of International Environmental Norms
3.1 Dworkin’s Typology and Its Reception in Doctrine
3.2 A Plea for Upholding Dworkin’s Tripartite Typology
4 Classification of the ‘Twilight’ Norms in Dispute
4.1 Principle Not to Cause Transboundary Environmental Damage
4.2 Environmental Impact Assessment
4.3 Precautionary Action
4.4 Polluter Pays
4.5 Common but Differentiated Responsibilities
4.6 Sustainable Development
4.7 Sustainable Use
4.8 Inter-Generational Equity
5 Conclusions
Recommended Reading
Ch.19 Formation of Customary International Law and General Principles
1 Preliminary Observations on Customary Law-Making in International Environmental Law
2 Banality of the Customary Law-Making Process in the Field of the International Protection of the Environment
3 Theoretical and Technical Problems in Proving the Existence of Customary Environmental Law
3.1 Relationship between Treaties and Customs
3.2 Relationship between ‘Soft Law’ and Customs
3.3 Relationship between General Principles, Normative Concepts, and Customs
4 A Constant Law-Making Process without a Legislator
Recommended Reading
Ch.20 Treaty-Making and Treaty Evolution
1 Normative Development through the Establishment of New Environmental Treaty Systems
1.1 Formation of Environmental Treaty Systems
1.2 Two Characteristics of International Environmental Law-Making: Constutionalization of Environmental Treaty Systems and Institutional Fragmentation
1.2.1 Constitutionalization
1.2.2 Fragmentation
2 Policy-Making Dimension of Environmental Treaty Systems
2.1 Development of International Environmental Law through Political Decision-Making within Treaty Systems
2.2 Development of International Environmental Law through Administrative Decision-Making within Treaty Systems
2.3 Technical and Scientific Expertise as a Means to Accelerate and Rationalize the Development of International Environmental Law
3 Resulting Legal Structure of Environmental Treaty Systems
3.1 Normative Development through Traditional Forms of International Law
3.2 Normative Development through Simplified Amendment Procedures
3.3 Normative Development through Secondary Decision-Making
4 Conclusion
Recommended Reading
Ch.21 Private and Quasi-Private Standard Setting
1 Introduction
2 Who Creates Private Standards?
2.1 Emergence of Private and Quasi-Private Standards
2.2 ISO and Its Sister Organizations
2.3 Non-State Environmental and Social Certification and Labelling Programmes
2.4 Cooperation between the International Public Sector and the Private Sector
3 What Kinds of Private Standards Exist?
3.1 Technical Specifications and Performance Standards
3.2 Process and Management System Standards
3.2.1 EMS
3.3 Measurement and Reporting Standards
3.4 Proliferation of Standards Initiatives
4 Compliance with Private and Quasi-Private Standards
4.1 Market Dynamics
4.1.1 Drivers Internal to Organizations: Eco-Efficiency, Reducing Liability
4.1.2 Demands of Business Partners and Customers
4.1.3 Demands of External Audiences: Reputational Incentives
4.2 Regulatory Incentives
4.2.1 Disclosure Initiatives and Private Standards
4.2.2 Superior Performance and Public Sector Use of Private Standards as Incentives
4.2.3 Use of Private Standards in Enforcement and Securing Compliance with Regulatory Measures
5 Private versus Public—Voluntary versus Mandatory Standards
5.1 Relationship between Public and Private Standards
5.2 Revitalized Push to Create Public Standards
5.3 Future of Private Standards
Recommended Reading
Part V Key Concepts
Ch.22 Transboundary Impacts
1 Introduction
2 Transboundary Environmental Impacts in International Law
3 Prohibited Transboundary Impacts Further Defined
4 Substantive Legal Implications: The Obligation to Prevent
5 Procedural Implications
6 International Responsibility and Liability for Transboundary Impacts
7 Institutionalization of Transboundary Environmental Impact Management
8 Conclusion
Recommended Reading
Ch.23 Common Areas, Common Heritage, and Common Concern
1 Introduction
2 Common Interests and the International Community
3 Conceptual Developments
3.1 Common Areas
3.1.1 High Seas
3.1.2 Outer Space
3.1.3 Antarctica
3.2 Common Heritage
3.3 Common Concern
4 Institutions and Processes
5 Conclusion
Recommended Reading
Ch.24 Ecosystems
1 The Powerful, but Uncertain Status of Ecosystems in International Law
1.1 Introduction: The Powerful Appeal but Marginal Legal Status of the Ecosystem Construct
1.2 History of the Ecosystem Concept
1.2.1 Stability Hypothesis
1.2.2 Ecosystem as Dynamic Rather Than Static System
1.3 Legal Challenges of Ecosystem Conservation
1.4 Adaptive Management: A New Legal Paradigm for Ecosystem Conservation
2 Status of Ecosystems in International Law
2.1 No Protected Status: Ecosystems Are Undifferentiated Components of National Territory
2.2 A Direct Object of Protection from Transboundary Insults
2.3 Indirect Protection from Pollution Reduction Regimes
2.4 International Law Reinforces National Protection Measures
2.5 Explicit International Protection Duties
2.5.1 Ecosystems and Commons beyond State Jurisdiction
2.5.2 Ecosystems and Commons within State Jurisdiction
2.5.3 Procedural Duties
3 Protection Vision: Stewardship Sovereignty
3.1 Sources of Stewardship Sovereignty
3.2 Core Principles
4 Conclusion
Recommended Reading
Ch.25 Precaution
1 Introduction
2 Precautionary Principle (PP)
3 Versions of the Precautionary Principle
3.1 Version 1: ‘Uncertainty Does Not Justify Inaction’
3.2 Version 2: ‘Uncertainty Justifies Action’
3.3 Version 3: Shifting the Burden of Proof
4 Normative Analysis of the Precautionary Principle
5 Future of the Precautionary Principle
Recommended Reading
Ch.26 Sustainable Development
1 Introduction
2 Origin and Evolution
3 Meaning
4 Legal Status and Function
4.1 International Agreements
4.2 Customary International Law
4.3 General Principles of Law Recognized by Major Legal Systems
4.4 Sustainable Development in Municipal (Domestic) Law
5 Implications for Principles of International Environmental Law
5.1 Integration
5.2 Equity and the Duty to Cooperate
5.3 Precaution
6 Implications for Tools of International Environmental Law
6.1 Transparency, Public Participation, and Access to Justice
6.2 Impact Assessment and Accounting Techniques
7 Conclusions
Recommended Reading
Ch.27 Equity
1 Introduction
2 Different Meanings of Equity
2.1 Intra-Generational Equity
2.2 Inter-Generational Equity
3 Equity and International Law
3.1 Sovereign Equality and Equity
3.2 Distributive Justice in International Law
3.2.1 Distributive Justice in Allocating Resources: Equitable Utilization
3.2.2 Distributive Justice in Allocating Burdens: Financial and Other Arrangements
4 Why Has Equity Become Prominent in International Environmental Law?
5 Principles for Determining Equitable Allocation
5.1 Different Principles for Attaining Equitable Allocation
5.2 Common but Differentiated Responsibilities
6 Different Ways of Implementing Principles of Equity
6.1 Substantive Rules of Equity
6.2 Procedural Rules
7 Conclusions: Equity Matters in a Just Society and Instrumentally
Recommended Reading
Ch.28 Environmental Rights
1 Introduction
2 Value of Rights
3 What Rights Do We Have?
4 Who Can Have Rights?
5 Issues of Determinacy and Consistency
5.1 Who Bears the Corresponding Obligations?
5.2 Content of Rights
5.3 Relationship between Different Rights
6 Legal Rights and Moral Rights
7 Conclusion
Recommended Reading
Ch.29 Public Participation
1 Introduction
2 Contexts and Concepts
2.1 Political Context: Increased Involvement of Non-State Actors
2.2 Conceptual Context: Legal Fragments and Normative Patterns
3 Why Public Participation?
4 International Contexts, Institutions, and Decision-Making
4.1 NGOs as Representatives of the Public
4.2 Public Participation in Decision-Making and Access to Information
4.3 Access to Justice
5 National Contexts, Institutions, and Decision-Making
5.1 Non-Discrimination or Minimum Standards?
5.2 Public Participation in Decision-Making and Access to Information
5.3 Access to Justice
6 Conclusions
Recommended Reading
Ch.30 Legitimacy
1 Introduction
2 Concept of Legitimacy
3 A Typology of Legitimacy Theories
4 Why Is Legitimacy a Growing Issue in International Environmental Law?
5 Alternative Bases of Legitimacy
5.1 Democracy
5.2 Participation and Transparency
5.3 Expertise and Effectiveness
6 Conclusion: Building Legitimacy over Time: How to Develop Trust in International Environmental Institutions?
Recommended Reading
Part VI Actors and Institutions
Ch.31 Changing Role of the State
1 Westphalian Myth of Unimpaired Freedom of Action
2 Contemporary Statehood
2.1 States as Authors of International Environmental Law
2.2 States as Addressees of International Environmental Law
2.3 States as Guardians of International Environmental Law
3 Transformation of the International Legal System
3.1 A Growing Plurality of Actors
3.2 A Growing Plurality of Regimes
3.3 From State-to-State Networks towards Inter-Linked Networks
3.3.1 Inter-Linking the State with New Actors
3.3.2 Cross-Cutting Relationships and ‘New’ Networks
4 Perspectives: Optimizing International Environmental Governance
Recommended Reading
Ch.32 International Institutions
1 Introduction
2 Institutional Framework of Global Environmental Governance
3 International Institutions and Normative Development
4 International Institutions and Decision-Making
4.1 Decision-Making in the Selection of Projects
4.2 Decision-Making in Compliance Procedures
5 Global Environmental Governance: Administrative Law in the Making
Recommended Reading
Ch.33 Non-Governmental Organizations and Civil Society
1 Introduction
2 Establishing Appropriate Variables
3 NGOs in Liberal Theory: Acting through the State
3.1 Domestic/Two-Level Approaches
3.2 Transnational Approaches
3.3 Supranational/Institutionalist
4 NGOs as Stakeholders: Acting through International Institutions
5 NGOs as Freelancers: Acting through the Marketplace
6 NGOs and the Future of International Environmental Law-Making: Relegalizing Norms?
Recommended Reading
Ch.34 Epistemic Communities
1 Introduction
2 Epistemic Communities
2.1 Concept of Epistemic Communities
2.2 Intellectual History of Scholarship about Epistemic Communities
2.3 Ecological Epistemic Community and Multilateral Environmental Governance
3 Epistemic Communities and International Environmental Lawyers
3.1 International Environmental Lawyers Are Not an Epistemic Community
3.2 International Environmental Lawyers and the Translation of the Ecological Epistemic Community’s Ideas into International Environmental Law
4 Conclusion
Recommended Reading
Ch.35 Business
1 Business and Environmental Regulation
1.1 Two Visions of International Business
1.2 A Diversity of Corporate Attitudes
2 Business as the Target of International Environmental Law Duties
2.1 The Limits of Orthodoxy
2.2 Treaties
2.2.1 Civil Liability Conventions
2.2.2 Other Conventions
2.3 Soft Regulation
3 Corporations as Prescribers of Norms
3.1 Interaction with Governments
3.2 Independent Participation in International Venues
3.3 Prescription through Private Codes
4 Business Roles in the Implementation of International Environmental Law
4.1 Cooperative Projects
4.2 Monitoring and Enforcement of Business Behaviour
4.3 Litigation
5 Exiting the Doctrinal Thicket
Recommended Reading
Ch.36 Indigenous Peoples
1 Introduction
2 Development of the Concept of Indigenous Peoples in International Law
3 Conceptual Issues Related to the Position of Indigenous Peoples in International Law
3.1 Critical Assumptions and Distinctions
3.2 Collective Representation of Indigenous Peoples
4 Role of Indigenous Peoples in International Environmental Law
4.1 Community Rights and Partnerships
4.2 Land and Ecological Knowledge
5 Distinctively Indigenous Rights and the Environment
5.1 Distinctive Political Rights: Self-Definition and Participation
5.2 Distinctive Substantive Rights
5.2.1 Rights to Land and the Environment
5.2.2 Intellectual and Cultural Property Rights
5.3 Right to External Self-Determination
6 Indigenous Responsibilities
7 Conclusions
Recommended Reading
Ch.37 Regional Economic Integration Organizations the European Union as an Example
1 Introduction
2 EU’s Institutions and Procedures
3 Development of EC Environmental Law
4 Characteristics of EU Environmental Law and Policy
4.1 Choice of the Legal Basis
4.2 Legislative Instruments
4.3 Regulatory Tools and Approaches
4.3.1 Command and Control
4.3.2 Economic Instruments
4.3.3 Private Standard Setting at the EC Level
4.3.4 Integration
4.3.5 Planning
5 Concepts and Principles in EU Environmental Law
5.1 Sustainable Development
5.2 Principles
5.3 Environmental Rights
6 Implementation and Enforcement
7 EU as an International Actor
8 Lessons to Learn from the EU Environmental Experience
Recommended Reading
Ch.38 Treaty Bodies
1 Introduction
2 Structure and Functions of Treaty Bodies
3 Competence at the Internal Level
4 Substantive Decision-Making
5 Competence at the External Level
6 Conclusions
Recommended Reading
Part VII Implementation and Enforcement
Ch.39 Compliance Theory Compliance, Effectiveness, and Behaviour Change in International Environmental Law
1 Introduction
2 Compliance, Effectiveness, and the Effects of International Environmental Law
2.1 Identifying an Indicator of IEA Influence
2.2 Identifying a ‘Comparator’ of IEA Influence
2.2.1 Assessing IEA Compliance
2.2.2 Assessing IEA Goal Achievement
2.2.3 Assessing IEA Effects Using Behavioural Change and Counterfactuals
2.3 Selecting the Level of Analysis
2.4 IEA Influence and Endogeneity
3 Understanding the Influence of IEAs: How and Why Do They Make the Differences They Make?
3.1 Two Models of Actor Behaviour
3.2 Explaining Compliance and Other Behaviour Changes
3.3 Explaining Non-Compliance, Violation, and the Failure to Change Behaviour
4 Systems and Strategies for Inducing Behavioural Change
4.1 Systems of Regulation
4.2 Strategies of Regulation
5 Other Considerations
6 Conclusion
Recommended Reading
Ch.40 National Implementation
1 Introduction
1.1 What Is Implementation?
1.2 Impact of Domestic Constitutional Legal Orders on Implementation
2 National Implementation of International Environmental Law
2.1 Legislative Implementation
2.2 Administrative Implementation
2.3 Judicial Enforcement
2.3.1 Procedural Issues
2.3.1.1 Jurisdiction
2.3.1.2 Standing
2.3.1.3 Remedies
3 Requirements Imposed by International Environmental Law with Respect to National Implementation
3.1 Soft Law Instruments
3.2 Treaty Implementation Requirements
4 Implementation Review
5 Implementation Facilitation
6 Conclusion
Recommended Reading
Ch.41 Technical and Financial Assistance
1 Introduction
2 Different Types and Sources of Technical and Financial Assistance
2.1 Levels of ODA and the Proposed International Finance Facility
2.2 Greening of Development Aid within International Institutions
2.3 Involvement of the Private Sector and the Non-Governmental Sector
2.4 Intellectual Property Rights and Technology Transfer
3 Nature and Aim of Financial and Technical Assistance
3.1 Traditional Nature and Aim of Technical and Financial Assistance
3.2 Provision of Global Public Goods and the Changing Nature and Aim of Technical and Financial Assistance
4 Financial Mechanisms
4.1 Financial Mechanisms of the First Generation
4.2 Financial Mechanisms of the Second Generation
4.3 Sui Generis Financial Mechanisms
4.4 Financial Mechanisms as Part of the Legal Structure of Financial and Technical Assistance
5 Conclusions
Recommended Reading
Ch.42 Monitoring and Verification
1 Introduction
2 Overview of the Development of Monitoring and Verification Approaches and Central Drivers for Change
2.1 Introduction
2.2 Baseline: Lax National Reporting and Limited Independent Input and Access for Third Parties
2.3 A Changing Picture in the 1990s: Better Reporting and Maturing Institutions
2.4 Recent Trends: More Advanced and Flexible Policies
2.5 Winding Up: The Development of Monitoring and Verification Mechanisms
3 Zooming in: The Increasing Use of Flexibility Mechanisms and the Related Challenges of Monitoring and Verification
3.1 Introduction
3.2 Domestic Experiences: Good Transparency, but High Monitoring and Verification Costs?
3.3 EU System: Much More Complex Challenges than in the Domestic Systems?
3.4 Monitoring and Verification of Global Trading within the Kyoto Protocol
4 Concluding Comments
Recommended Reading
Ch.43 Compliance Procedures
1 Characteristics of Non-Compliance Procedures
2 Why Non-Compliance Procedures?
3 Theoretical Considerations
4 Legal Issues
5 Costs and Benefits
6 Concluding Remarks
Recommended Reading
Ch.44 International Responsibility and Liability
1 Introduction: Scope of the Chapter
2 Primary Rules of International Environmental Law
2.1 Evolution of Primary Rules
2.2 Due Diligence and the Strict/Absolute Liability Standard
2.3 Question of Harm
3 State Responsibility (Obligations of States under Secondary Rules)
3.1 General Framework of the Law of State Responsibility—Chorzów Factory Case
3.2 Introduction to the Work of the ILC on State Responsibility
3.3 Main Elements of the ILC’s Approach to State Responsibility
3.4 Reparation
3.5 State Responsibility and the Multilateralism of Environmental Obligations
4 Development of Primary Rules of State Liability—Liability for Injurious Consequences of Acts Not Prohibited by International Law
5 Civil Liability Regimes
5.1 Introduction
5.2 Nuclear Liability
5.3 Liability for Oil Pollution
5.4 General MEAs Setting Up Civil Liability Regimes
5.5 Conclusions on Sectoral and MEA-Based Civil Liability Regimes
5.6 Development of a General Regime on Civil Liability—Work of the ILC on a Liability Regime
6 Conclusions
Recommended Reading
Ch.45 International Dispute Settlement
1 Introduction
2 Dispute Settlement within International Environmental Agreements
3 Dispute Settlement outside International Environmental Agreements or through Procedures Contained in Environmental Agreements Other Than the One at Issue
4 Some Problems with Contemporary International Environmental Dispute Settlement
4.1 Disharmonic Dispute Settlement Clauses
4.2 Fragmentation and Cluster Litigation
4.3 Competing and Parallel Legal Regimes
4.4 Multiplication of Actors and Levels
5 Conclusions
Recommended Reading
Further Material
Index
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Notes on the Contributors
Edited By: Daniel Bodansky, Jutta Brunnée, Ellen Hey
From:
The Oxford Handbook of International Environmental Law
Edited By: Daniel Bodansky, Jutta Brunnée, Ellen Hey
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Series:
Oxford Handbooks in Law
Published in print:
07 August 2008
ISBN:
9780199552153
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