Part I Context, Ch.6 Instrument Choice

2021 ◽  
Author(s):  
Driesen David M
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Environmental Benefit ◽  
International Environmental Law ◽  
Market Mechanisms ◽  
Pollution Taxes ◽  
Instrument Choice ◽  
Nation States ◽  
Trade Sanctions

This chapter addresses the problem of choosing environmental law instruments in international environmental law. It begins with a discussion of the various environmental protection instruments, such as environmental benefit trading, pollution taxes, subsidies, and traditional regulation. The chapter suggests that, for the most part, international environmental law has left the choice between traditional regulation and market-based instruments to nation-states. Efforts to create new international environmental law focus more upon forging agreement about goals than on how to achieve goals, since states play such a huge role in implementation and countries can achieve any given goal in a variety of ways. But some devices, which some experts treat as environmental instruments—such as subsidies, liability, and trade sanctions—more often become part of international environmental law. The chapter then discusses the extent to which the desire for international environmental benefit trading has driven a departure from the norm of leaving the choice between market mechanisms and traditional standards to implementing polities.

scholarly journals GREEN CONSTITUTION INDONESIA (DISKURSUS PARADIGMATIK PEMBANGUNAN BERKELANJUTAN)

2014 ◽  
Vol 3 (2) ◽  
pp. 127
Author(s):  
Lucas Prabowo
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Future Generations ◽  
Environmental Damage ◽  
Severe Damage ◽  
International Environmental Law ◽  
Hard Law ◽  
The Right ◽  
International Conventions ◽  
Good Environment

Efforts to meet the economic needs of humans has resulted in severe damage to the ecosystem. Being aware that there is damage to natural resources and ecosystem are getting worse, various efforts underway to hold international conventions in the field of environmental protection has resulted in agreements, both of which are binding (hard law) and non-binding (soft law). Participating countries adopted the convention rules agrred up on into their legaislation, and even to strengthen the protection and enforcement of laws relating to environmental protection and the right to a good environment for the present dan future generations, environmental norms are then contained in the constitution including the Indonesian constitution, namely the post-UUD 1945 amandement. Keywords: environmental damage, international environmental law damage, intergerational equity, sustainable development, and constitution.

10. International environmental law

2021 ◽  
pp. 186-208
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Common Interest ◽  
Hazardous Substances ◽  
Legal Regime ◽  
International Environmental Law ◽  
Balanced Approach ◽  
Rules And Principles

International environmental law is an area of international law where states have decided to cooperate with each other in order to fulfil certain goals of common interest and, for the most part, its rules and principles belong in the category of the international law of cooperation. This chapter discusses the most important parts of international environmental law and its main legal sources. It presents the fundamental principles of international environmental law, including those that seek to prevent damage to the environment and those that seek to ensure a balanced approach to environmental protection. It provides an overview of the most important parts of the substantial regulation in international environmental law, including the legal regime for the protection of the atmosphere, the conservation of nature and the regulation of hazardous substances. It also discusses features related to implementation and enforcement that are particular to international environmental law.

10. International environmental law

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Common Interest ◽  
Hazardous Substances ◽  
Legal Regime ◽  
International Environmental Law ◽  
Balanced Approach ◽  
Rules And Principles

International environmental law is an area of international law where states have decided to cooperate with each other in order to fulfil certain goals of common interest and, for the most part, its rules and principles belong in the category of the international law of cooperation. This chapter discusses the most important parts of international environmental law and its main legal sources. It presents the fundamental principles of international environmental law, including those that seek to prevent damage to the environment and those that seek to ensure a balanced approach to environmental protection. It provides an overview of the most important parts of the substantial regulation in international environmental law, including the legal regime for the protection of the atmosphere, the conservation of nature, and the regulation of hazardous substances. It also discusses features related to implementation and enforcement that are particular to international environmental law.

12. International Environmental Law

2019 ◽  
pp. 375-417 ◽  
Author(s):  
Elizabeth Fisher ◽  
Bettina Lange ◽  
Eloise Scotford
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Vital Role ◽  
Eu Law ◽  
International Environmental Law ◽  
Public International Law ◽  
Legal Nature ◽  
Institutional Landscape ◽  
National Environmental

While not the focus of this textbook, understanding the role and nature of international environmental law is important in understanding UK environmental law. This is because, international law has played a vital role in creating frameworks for environmental protection and for catalysing developments in national environmental law. This chapter provides an overview of international environmental law. It begins with a brief examination of the concept of international environmental law, the different ways it can be defined, its history, and the emergence of hybrids of it. In the second section a number of key ideas in public international law that are relevant to international environmental law are explored including the sources of international law, state sovreignity, fragmentation, and international law theory. The analysis then moves on to the institutional landscape of international environmental law, its legal nature and finally the nuanced relationship between international environmental law and national and EU law.

Compliance Procedures

2008 ◽  
Author(s):  
Jan Klabbers
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
International Agreements ◽  
Ozone Layer ◽  
Montreal Protocol ◽  
International Environmental Law ◽  
Environmental Agreement ◽  
Set Up ◽  
Number Of Parties

The Montreal Protocol on Substances That Deplete the Ozone Layer was among the first international agreements in which a specific non-compliance procedure was envisaged, and it is generally held to be the most developed example to date. Non-compliance procedures have become rather prevalent in international environmental law. Allowing for variations across regimes, most mechanisms have at least one compliance committee, usually composed of representatives of a limited number of parties (eight to fifteen) to the underlying multilateral environmental agreement and reporting back to the plenary body set up by that agreement (often dubbed the conference of the parties or meeting of the parties). Compliance (or non-compliance) procedures are usually said to exist, and be necessary, in international environmental protection because the environment cannot, for a number of reasons, be entrusted to the workings of traditional international law.

scholarly journals Some challenges of treaty regulation of international relations in the field of environmental protection

Lex Russica ◽  
2019 ◽  
pp. 45-59
Author(s):  
O. I. Ilyinskaya
Keyword(s):  
International Relations ◽  
Environmental Protection ◽  
Heterogeneous System ◽  
Environmental Law ◽  
Rapid Progress ◽  
Environmental Standards ◽  
International Treaties ◽  
International Environmental Law ◽  
Framework Agreement ◽  
Spontaneous Formation

International agreements and treaties in the field of environmental protection concluded in the 19th — first half of the 20th century, were, as a rule, the result of forced compromises, they were intended to solve urgent problems that had appeared or, at least, drew attention to limited areas (for example, the threat to a certain species, pollution of a marine area). In such cases, a convention was adopted to protect an endangered species or to limit emissions into the sea. As a result of this fragmented approach to environmental protection, an impressive but very heterogeneous system of conventions has emerged. Understanding of the unity of ecosystems implemented in the development of principles enshrined in the Stockholm Declaration of 1972 and the Rio Declaration of 1992 took place largely due to the rapid progress of science and technology. As a result, there has been a transition from “spontaneous” formation of international environmental standards to their consolidation around special principles of international environmental law. Also, a notable feature of many international treaties in the field of environmental protection — their “framework” character — is further analyzed. The adoption of framework agreements leads to the formation of complex sets of conventional documents consisting of several different, but in a certain way related to each other agreements. Considering the question of the effectiveness of such a legal instrument as a framework agreement, the author concludes that the origins of the problem of insufficient effectiveness of agreements in the field of environmental protection lie in the foundations of the existing economic system.

THE INTEGRATION OF ENVIRONMENTAL PROTECTION CONSIDERATIONS WITHIN THE HUMAN RIGHTS LAW REGIME: WHICH SOLUTIONS HAVE BEEN PROVIDED BY REGIONAL HUMAN RIGHTS COURTS?

2015 ◽  
Vol 24 (1) ◽  
pp. 191-218
Author(s):  
Marie-Catherine Petersmann
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Environmental Law ◽  
Case Law ◽  
Analytical Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Environmental Rights ◽  
Hierarchical Relationship ◽  
Legal Regimes

This contribution aims to identify the numerous conflicts that arise between environmental protection regulations and specific human rights. By focusing on the case law of regional human rights mechanisms, it highlights the “positive” and the “negative” integration of international environmental law (IEL) within the human rights law (HRL) regime. It argues that these supposedly separate bodies of law are in reality intertwined. The case law analysis of the negative integration of IEL within the HRL regime teaches us that HRL adjudicators have done more than neutrally measure conformity of environmental protection regulations with the HRL regime. While some cases add specific procedural requirements to these environmental protection regulations – Xàkmok Kàsek case – others establish a hierarchy between IEL and HRL – Fredin and Turgut cases – and yet others engage in defining and arguably even producing environmental rights – Herrick and Chapman cases. This contribution provides specific insights into how regional human rights adjudicators resolve conflicts and what consequences result from the judicial techniques in terms of both the content of the respective legal regimes and their hierarchical relationship. It argues that both content and implementation of IEL cannot be understood without integrating HRL adjudicators into the analytical framework.

scholarly journals A rodada do uruguai e o meio ambiente: o florescimento da tutela jurídica ambiental no sistema multilateral de comércio / The Uruguay Round and the Environment: the blooming of the environmental protection in the multilateral trading system

2017 ◽  
Vol 13 (3) ◽  
pp. 295
Author(s):  
Arno Dal Ri Júnior ◽  
Mariana Clara De Andrade
Keyword(s):  
World Trade Organization ◽  
Environmental Protection ◽  
World Trade ◽  
Uruguay Round ◽  
Environmental Law ◽  
Trading System ◽  
International Environmental Law ◽  
Multilateral Trading System ◽  
The World ◽  
The Multilateral Trading System

 ResumoO presente artigo aborda as negociações internacionais relativas à tutela ambiental no sistema multilateral de comércio no período que compreende o fim da Rodada de Tóquio (1979) até o fim da Rodada do Uruguai (1994) e a instituição da Organização Mundial do Comércio. Para tanto, analisa-se brevemente as mudanças surgidas no cenário do Direito Internacional Ambiental no ínterim situado entre as duas rodadas referidas para que se contextualize os impactos dos eventos ocorridos no período, particularmente com os adventos da Conferência de Estocolmo (1972) e a Rio-92 (1992). A partir disso, são analisados documentos das negociações do grupo GATT relevantes a questões ambientais, com o objetivo de se verificar o desenvolvimento institucional e normativo ocorrido durante o período citado, com enfoque particular na Rodada do Uruguai. Verifica-se a forte influência dos acontecimentos entre as décadas de 1970 e 1990 no cenário internacional e, particularmente, no sistema multilateral de comércio, culminando com a inclusão da preocupação com o desenvolvimento sustentável no preâmbulo do Acordo Constitutivo da OMC, em 1994.Palavras-chaveGATT; Rodada do Uruguai; Meio Ambiente; Sistema Multilateral de Comércio; Direito Internacional Ambiental. AbstractThe present article studies the international negotiations related to the environmental protection in the multilateral trading system, in the period comprised from the end of the Tokyo Round (1979) to the end of the Uruguay Round and the institution of the World Trade Organization (1994). In order to do so, it describes briefly the changes emerged in the context of International Environmental Law during the interim between the two rounds, so as to expose the impacts of the events that occurred in this period, especially those brought about by the advent of the Stockholm Conference (1972) and the Rio-92 (1992). Afterwards, this work analyses the documents concerning environmental matters produced in the negotiations of the GATT group in the period post-1972, with the aim of verifying the institutional and legal development of the system during the aforementioned interlude, with particular attention to the Uruguay Round. From this perspective, it can be observed the strong influence of the events that took place from 1970 to 1990 in the international scenario and, particularly, in the multilateral trading system, culminating with the assertion of the concern with sustainable development in the Preamble of the Agreement Establishing the World Trade Organization, in 1994. KeywordsGATT; Uruguay Round; Environment; Multilateral Trading System; International Environmental Law.

INTERNATIONAL CO-OPERATION IN THE FIELD OF ENVIRONMENTAL PROTECTION: IMPLEMENTATION AND TRENDS ESTABLISHMENT IN UKRAINE

2020 ◽  
pp. 118-126
Author(s):  
D. Zaikina ◽  
Keyword(s):  
Environmental Protection ◽  
System Analysis ◽  
Environmental Law ◽  
Parallel Evolution ◽  
Integrated Approach ◽  
Practical Significance ◽  
International Environmental Law ◽  
Environmental Goals ◽  
Environmentally Sound ◽  
Analytical Tools

The purpose of the work is to assess the scope of action of international environmental standards, focusing on existing gaps, including in the light of the parallel evolution of bilateral and multilateral international cooperation in the field of environmental protection. Research methods. An integrated approach is applied, including the logical generalization, collection, systematization and analysis of actual data; methods of system analysis. Results. In this article recent advances in international environmental law are summarized and provisions, concepts, analytical tools, and key issues used to achieve environmental goals are studied. The analysis was conducted by logical generalization and proved that application of international environmental law remains a topical issue both at the national and international levels. In many countries, national application is constrained by the lack of appropriate national legislation, financial resources, environmentally sound technologies and institutional capacity. National application can be improved by increasing the relevance of environmental considerations in other sectors and increasing participation of non-state actors in decision making and application. Scientific novelty consists in the author’s approach to determining the priority directions for optimizing the application of international law in the field of environmental protection, the use of regulatory combinations, economic, voluntary and informational instruments is required, while a set of policy measures is determined on the basis of available data on cost effectiveness. Practical significance is that scientific research clearly, accessibly and consistently demonstrates the imperative for complex regulatory regimes with more flexible and dynamic standards-setting processes, necessitating a pragmatic and forward-looking approach.

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