Part VIII Compliance, Implementation, and Effectiveness, Ch.56 Non-Compliance Procedures

2021 ◽  
Author(s):  
Doelle Meinhard
Keyword(s):  
Dispute Settlement ◽  
Environmental Agreements ◽  
Multilateral Environmental Agreements ◽  
International Treaty ◽  
Effective Implementation ◽  
Primary Rule ◽  
Rule System ◽  
The Relationship ◽  
Over Time

This chapter reflects on non-compliance procedures, which have emerged in multilateral environmental agreements (MEAs) as they have in other areas of international law. While the focus of international treaty negotiation may, at one point, have been the substantive issues, the scope has, over time, shifted to include efforts to ensure the effective implementation of the substantive commitments and obligations negotiated. Along with other elements, such as dispute settlement procedures, education, and capacity-building, non-compliance procedures have become a key element of the overall effort to ensure the effective implementation of MEAs. The chapter considers the role of compliance systems in MEAs, with a brief survey of the debate over the respective role of facilitation and enforcement, followed by an exploration of the relationship between the primary rule system and elements of the compliance system. It then looks at the key elements of compliance systems before studying a selection of MEA compliance systems.

scholarly journals The Balanced Obligation and the Basis for Compliance in International Law: Reflections on the Question of International Obligation

2019 ◽  
Vol 12 (2) ◽  
pp. 23 ◽  
Author(s):  
Thomas Prehi Botchway
Keyword(s):  
International Law ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Environmental Agreements ◽  
Multilateral Environmental Agreements ◽  
International Treaty ◽  
Effective Implementation ◽  
International Obligation ◽  
International Obligations ◽  
Zero Sum

In this essay, we use the implementation of multilateral environmental agreements (MEAs) in developing countries (specifically, the implementation of the Convention on Biological Diversity in Ghana) to illustrate why and how States can implement international agreements and for that matter comply with international law without necessarily compromising on equally implementing effective policies to meet their domestic responsibility, particularly when such MEAs may be deemed by some as instruments that curtail the enjoyment of benefits from a State’s natural resources and endowments. The essay examines the nexus between compliance with international law (international obligation) and meeting domestic responsibility (particularly when the international treaty or agreement to be complied with seems to have some negative implications for the domestic population or State policy). Do States always have an incentive to comply with and execute their international obligations? Should the need for or argument against an international agreement or treaty necessarily lead to its abandonment by States? Can States effectively balance the execution of international obligation with meeting domestic responsibility? Should the effective implementation of a State’s international obligation be regarded as a zero sum for the State’s domestic responsibility? What should be the basis for compliance in international law? These are some of the few questions that this essay seeks to address.

Governing International Cooperation in Criminal Matters: The Role of the aut dedere aut judicare Principle

2018 ◽  
Vol 18 (2) ◽  
pp. 244-274 ◽  
Author(s):  
Andrea Caligiuri
Keyword(s):  
International Law ◽  
International Cooperation ◽  
Legal Nature ◽  
The Status ◽  
Criminal Matters ◽  
The Relationship ◽  
Over Time

The aim of the study is to ascertain how the original Grotian formula ‘aut dedere aut punire’ has been implemented and evolved in international law. The first step is to classify the multilateral conventions that have accepted an aut dedere aut judicare clause. The goal is to bring out peculiarities of the different treaty texts, describing the relationship between the two options dedere and judicare, and the different obligations that arise for the contracting states. We will then examine the content of the two options, to define the legal boundaries within which the contracting states shall or may operate. At this point, we will focus on the legal nature of the aut dedere aut judicare principle that over time may have risen to the status of customary rule. The study will conclude with analysis of reactions to the breach of the aut dedere aut judicare clause by non-complying countries.

“Until the Day of His Death”

2021 ◽  
Vol 2021 (139) ◽  
pp. 52-74
Author(s):  
Henrique Espada Lima
Keyword(s):  
Nineteenth Century ◽  
Old Age ◽  
Human Aging ◽  
Southern Brazil ◽  
Contractual Arrangements ◽  
The Poor ◽  
Slave Society ◽  
The Relationship ◽  
Over Time

Abstract This article examines postmortem inventories and notarial records from Brazilian slaveholders in southern Brazil in the nineteenth century. By discussing selected cases in detail, it investigates the relationship between “precarious masters” (especially the poor and/or disabled, widows without family, and single elderly slaveholding women and men) and their slaves and former slaves to whom they bequeathed, in their testaments and final wills, manumission and property. The article reads these documents as intergenerational contractual arrangements that connected the masters’ expectations for care in illness and old age with the slaves’ and former slaves’ expectations for compensation for their work and dedication. Following these uneven relationships of interdependence and exploitation as they developed over time, the article suggests a reassessment of the role of paternalism in Brazil during the country’s final century of slavery. More than a tool to enforce relations of domination, paternalism articulated with the dynamics of vulnerability and interdependency as they changed over the life courses of both enslaved people and slave owners. This article shows how human aging became a terrain of negotiation and struggle as Brazilian slave society transformed throughout the nineteenth century.

Patterns of Symptom Distress in Adults Receiving Treatment for Lung Cancer

2002 ◽  
Vol 18 (3) ◽  
pp. 150-159 ◽  
Author(s):  
Mary E. Cooley ◽  
Thomas H. Short ◽  
Helene J. Moriarty
Keyword(s):  
Lung Cancer ◽  
Secondary Analysis ◽  
Symptom Distress ◽  
Course Of Illness ◽  
Lung Cancer Patients ◽  
Treatment Groups ◽  
Relationship Of ◽  
The Relationship ◽  
Over Time

Knowledge of the patterns of symptom distress in adults receiving treatment for lung cancer is an important first step in developing interventions that can potentially lessen symptom distress. The purposes of this secondary analysis were to describe the changes in patterns of symptom distress over time in adults receiving treatment for lung cancer, and to examine the relationship of selected demographic and clinical characteristics to symptom distress. Complete data were available for 117 patients. The patterns of symptom distress in adults receiving treatment for lung cancer varied between treatment groups and over time. Symptom distress scores were moderate to high on entry into the study, indicating that symptom management in newly diagnosed lung cancer patients is essential and should begin early in the course of illness. Moreover, clinical interventions should be tailored to the type of treatment. Various demographic and clinical variables were weak and inconsistent predictors of symptom distress, underscoring the importance of examining the role of psychosocial factors in mediating symptom distress.

Values and Political Predispositions in the Age of Polarization: Examining the Relationship between Partisanship and Ideology in the United States, 1988–2012

2017 ◽  
Vol 50 (1) ◽  
pp. 241-260 ◽  
Author(s):  
Robert N. Lupton ◽  
Steven M. Smallpage ◽  
Adam M. Enders
Keyword(s):  
United States ◽  
Belief Systems ◽  
The United States ◽  
Core Values ◽  
Value Orientations ◽  
Mass Public ◽  
Election Studies ◽  
The Relationship ◽  
Over Time

The correlation between ideology and partisanship in the mass public has increased in recent decades amid a climate of persistent and growing elite polarization. Given that core values shape subsequent political predispositions, as well as the demonstrated asymmetry of elite polarization, this article hypothesizes that egalitarianism and moral traditionalism moderate the relationship between ideology and partisanship in that the latter relationship will have increased over time only among individuals who maintain conservative value orientations. An analysis of pooled American National Election Studies surveys from 1988 to 2012 supports this hypothesis. The results enhance scholarly understanding of the role of core values in shaping mass belief systems and testify to the asymmetric nature and mass public reception of elite cues among liberals and conservatives.

scholarly journals The Role of eu Agencies in Fighting Transnational Environmental Crime: New Challenges for Eurojust and Europol

2017 ◽  
Vol 1 (1) ◽  
pp. 1-150 ◽  
Author(s):  
Valsamis Mitsilegas ◽  
Fabio Giuffrida
Keyword(s):  
Criminal Law ◽  
Environmental Law ◽  
Legal Framework ◽  
Environmental Crime ◽  
Full Potential ◽  
The European Union ◽  
New Challenges ◽  
The Relationship ◽  
Over Time

The last decades have witnessed a growing emphasis on the relationship between environmental law and criminal law. Legislation aimed at tackling environmental crime has been adopted at national,eu, and international level and has been gradually evolving over time. These developments notwithstanding, the current legal framework faces a number of challenges in tackling the largely inter-related phenomena of transnational, organised and economic environmental crime. This study of Valsamis Mitsilegas and Fabio Giuffrida addresses these challenges by focusing on the role of the European Union- and more specifically its criminal justice agencies (Europol and Eurojust)- in tackling transnational environmental crime. The study analyses the role of Eurojust and Europol in supporting and coordinating the competent national authorities dealing with investigations and/or prosecutions on transnational environmental crime, and it shows that, for the time being, the full potential of these agencies is not adequately fulfilled with regard to fighting this phenomenon effectively.

The Relationship between Trade-Related Environmental Measures in Multilateral Environmental Agreements and the WTO Law

2020 ◽  
Author(s):  
Lidia Rieder
Keyword(s):  
Environmental Agreements ◽  
Multilateral Environmental Agreements ◽  
Environmental Measures ◽  
The Relationship

Im 20. Jahrhundert wurden einige der aufkommenden Umweltvereinbarungen so gestaltet, dass sie starke wirtschaftliche Anreize bieten. Gleichzeitig fanden Umweltverpflichtungen ihren Weg in Handelsabkommen. Daraus ergaben sich Konflikte zwischen handelsbeschränkenden Umweltmaßnahmen und GATT / WTO-Normen zum Schutz des freien Marktes. Zudem löste die aufkommende Umweltkrise eine Debatte über die Einbeziehung von Umweltwerten auf der WTO-Ebene aus. Die Themen waren jahrzehntelang Gegenstand von Diskussionen im GATT / WTO. Unterdessen haben regionale Handelsvereinbarungen eine Plattform für die Vereinbarung von Umweltverpflichtungen mit dem Freihandel vorbereitet. Diese Vereinbarungen werden als Rechtsinstrumente auf ihre Eignung geprüft, konkurrierende Handels- und Umweltwerte in Einklang zu bringen.

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