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The Common But Differentiated Responsibility Principle In Multilateral Environmental Agreements
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Book Synopsis The Common but Differentiated Responsibility Principle in Multilateral Environmental Agreements by : Philippos C. Spyropoulos
Download or read book The Common but Differentiated Responsibility Principle in Multilateral Environmental Agreements written by Philippos C. Spyropoulos and published by Kluwer Law International B.V.. This book was released on 2009-08-24 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Common but Differentiated Responsibility Principle in Multilateral Environmental Agreements
Book Synopsis The Common But Differentiated Responsibility Principle in Multilateral Environmental Agreements by : Tuula Honkonen
Download or read book The Common But Differentiated Responsibility Principle in Multilateral Environmental Agreements written by Tuula Honkonen and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Emerging Principles of International Environmental Law by : Sumudu Atapattu
Download or read book Emerging Principles of International Environmental Law written by Sumudu Atapattu and published by BRILL. This book was released on 2007-04-30 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Ensuring Compliance With Multilateral Environmental Agreements by : Ulrich Beyerlin
Download or read book Ensuring Compliance With Multilateral Environmental Agreements written by Ulrich Beyerlin and published by BRILL. This book was released on 2006 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Environmental Law-making and Diplomacy by : Tuomas Kuokkanen
Download or read book International Environmental Law-making and Diplomacy written by Tuomas Kuokkanen and published by Routledge. This book was released on 2016-01-29 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Manual on Compliance with and Enforcement of Multilateral Environmental Agreements by : Carl Bruch
Download or read book Manual on Compliance with and Enforcement of Multilateral Environmental Agreements written by Carl Bruch and published by UNEP/Earthprint. This book was released on 2006 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Compliance Mechanisms Under Selected Multilateral Environmental Agreements by : Gregory Lawrence Rose
Download or read book Compliance Mechanisms Under Selected Multilateral Environmental Agreements written by Gregory Lawrence Rose and published by UNEP/Earthprint. This book was released on 2007 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Multilateral Environmental Agreements and Compliance by : Anna Huggins
Download or read book Multilateral Environmental Agreements and Compliance written by Anna Huggins and published by Routledge. This book was released on 2017-11-27 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Environmental Law, Volume I by : Paula M. Pevato
Download or read book International Environmental Law, Volume I written by Paula M. Pevato and published by Routledge. This book was released on 2017-11-22 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Environmental Law and Governance by : Malgosia Fitzmaurice
Download or read book International Environmental Law and Governance written by Malgosia Fitzmaurice and published by BRILL. This book was released on 2015-08-07 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :Javier De Cendra de Larragán Publisher :Kluwer Law International B.V. ISBN 13 :9041133372 Total Pages :570 pages Book Rating :4.0/5 (411 download)
Book Synopsis Distributional Choices in EU Climate Change Law and Policy by : Javier De Cendra de Larragán
Download or read book Distributional Choices in EU Climate Change Law and Policy written by Javier De Cendra de Larragán and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt: Climate change policy inevitably has two core components: the goals, and the means chosen to pursue those goals. Decisions on goals and means necessarily have distributional consequences. Any policy choice generates winners and losers. While this outcome cannot be avoided - even doing nothing leads to distributional consequences - policymakers can, through the choice, design and implementation of policies, shape to some extent the distribution of the burdens of mitigation and adaptation to climate change. In greater depth than any previous legal study in the field, this book deals with the way in which the European Union (EU) has dealt with climate change and with the distribution of the benefits and costs of climate change mitigation policies among affected parties. With extraordinary thoroughness the author assesses the legality of choices made (particularly concerning mitigation targets and timelines), and examines the role that legal principles can play in the adoption, interpretation, and judicial testing of distributional choices. His analysis of the tension between such choices and EU law is bolstered by an exploration of emerging legal principles which could provide additional guidance in this challenging and controversial area. Among the core issues dealt with are the following: relationship among mitigation, adaptation, and sustainable development; regulations as means to make distributional choices distributional choices between generations and the principle of intergenerational justice distributional choices concerning firms and individuals the participation of affected parties in distributional choices access to justice in EU courts to challenge violations of procedural environmental rights the role of legal principles in making, evaluating and testing distributional choices the principle of proportionality with its tests of appropriateness and necessity; the principle of equality; the precautionary principle; the principle of prevention; the polluter pays principle; A concluding chapter offers deeply informed recommendations regarding the design of EU climate change law, including a preliminary assessment of EU wide personal carbon trading. In its insightful illumination of how the inevitable trade-offs, weaknesses, inconsistencies and ambiguities in the way law deals with distributional choices renders them vulnerable to external pressures, this book will be of enormous value to regulators and policymakers concerned with effective, efficient, and fair climate change measures. As a critical assessment of existing EU climate change laws and policies, and as a systematic analysis of the problem of burden sharing, this book will also prove highly valuable to academics in environmental fields of study.
Book Synopsis The Mitigation of Marine Plastic Pollution in International Law by : Judith Schäli
Download or read book The Mitigation of Marine Plastic Pollution in International Law written by Judith Schäli and published by BRILL. This book was released on 2022-04-19 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: The open access publication of this book has been published with the support of the Swiss National Science Foundation. The massive accumulation of plastics in marine environments is one of the most pressing environmental concerns of our time. This book examines the relevant international legal framework applying to land-based sources of plastic pollution. Against the backdrop of the dynamics of recent policy formulation in this field, it outlines the main developments and provides a snapshot inventory of state obligations related to plastic pollution mitigation. The Mitigation of Marine Plastic Pollution in International Law identifies the main barriers and opportunities, and points out the possible building blocks of an enhanced regime.
Book Synopsis Trade Measures in Multilateral Environmental Agreements by : OECD
Download or read book Trade Measures in Multilateral Environmental Agreements written by OECD and published by OECD Publishing. This book was released on 2000-02-09 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report examines various cases to analyze the use of trade measures in environmental agreements and assembles a series of common issues and lessons learned.
Book Synopsis Global Environmental Change and Innovation in International Law by : Neil Craik
Download or read book Global Environmental Change and Innovation in International Law written by Neil Craik and published by Cambridge University Press. This book was released on 2018-06-28 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores normative and institutional innovation in international law as a response to the challenges to global order posed by rapid environmental change.
Book Synopsis The Rio Declaration on Environment and Development by : Jorge E. Viñuales
Download or read book The Rio Declaration on Environment and Development written by Jorge E. Viñuales and published by OUP Oxford. This book was released on 2015-02-05 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Guide for Negotiators of Multilateral Environmental Agreements by : United Nations Environment Programme
Download or read book Guide for Negotiators of Multilateral Environmental Agreements written by United Nations Environment Programme and published by UNEP/Earthprint. This book was released on 2006 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Roads from Rio by : Pamela Chasek
Download or read book The Roads from Rio written by Pamela Chasek and published by Routledge. This book was released on 2012-04-23 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
