scholarly journals FORMATION AND DEVELOPMENT OF THE ECOSYSTEM APPROACH IN INTERNATIONAL ENVIRONMENTAL LAW BEFORE THE CONVENTION ON BIOLOGICAL DIVERSITY

2021 ◽  
Vol 001 (001) ◽  
pp. 47-85
Author(s):  
Yevhenii Suietnov
Keyword(s):  
Biological Diversity ◽  
Environmental Law ◽  
International Environmental Agreements ◽  
Ecosystem Approach ◽  
Convention On Biological Diversity ◽  
Environmental Agreements ◽  
Natural Ecosystems ◽  
International Environmental Law ◽  
Holistic Concept ◽  
General Aspects

The article analyses general aspects of the formation and development of the ecosystem approach in international environmental law before the adoption and entry into force of the Convention on Biological Diversity. On the grounds of thorough and complex research encompassing the main international environmental agreements and scientists’ views, it is concluded that the issues of protection and conservation of natural ecosystems and implementation of the ecosystem approach had already received wide support at the international level by that time, whereas adopted agreements created the necessary base for the further formation and development of the ecosystem approach as a holistic concept under the Convention on Biological Diversity.

scholarly journals The ecosystem approach under the Convention on Biological Diversity: a review of decisions of the Conference of the Parties

2021 ◽  
Author(s):  
Ye. P. Suietnov
Keyword(s):  
Biological Diversity ◽  
Environmental Law ◽  
Ecosystem Approach ◽  
Legal Regulation ◽  
Convention On Biological Diversity ◽  
International Environmental Law ◽  
Leading Role ◽  
Current State ◽  
Practical Guidelines ◽  
Environmental Relations

A comprehensive analysis of the process of formation and development of the ecosystem approach in international environmental law under the Convention on Biological Diversity has been undertaken. Based on a study of the provisions of the Convention and a review of decisions of the meetings of its governing body – the Conference of the Parties – the conclusion is made about the current state of development of the ecosystem approach. In particular, under the Convention on Biological Diversity, general framework of the ecosystem approach have been developed, including its description, principles and practical guidelines for its application, and its leading role in the conservation of biodiversity has been determined. Undoubtedly, the ecosystem approach generally and its principles particularly require thorough discussion at future meetings of the Conference of the Parties and implementation in appropriate decisions. At the same time, it is quite obvious that the effectiveness of this approach in the issue of biodiversity conservation will depend primarily on its implementation in the state environmental policy and legislation of all countries-participants of the Convention and its practical realization, which, according to the author, should become one of the priority and strategic directions in the field of legal regulation of environmental relations in Ukraine.

Implementation of International Environmental Law

2021 ◽  
Author(s):  
Maria Ivanova ◽  
Natalia Escobar-Pemberthy ◽  
Anna Dubrova ◽  
Candace Famiglietti
Keyword(s):  
Environmental Law ◽  
International Environmental Agreements ◽  
Environmental Agreements ◽  
International Environmental Law ◽  
Multilateral Environmental Agreements ◽  
National Characteristics ◽  
University Of Massachusetts ◽  
The University ◽  
The Impact ◽  
Technical Measures

International environmental law is a key governance instrument for the protection of the environment. Countries take on a range of obligations when they join multilateral environmental agreements. This chapter presents a comparative assessment of the implementation of international environmental law in 13 countries for four agreements dealing with pollution and conservation. It offers an empirical assessment based on the Environmental Conventions Index (ECI) developed at the Center for Governance and Sustainability at the University of Massachusetts, Boston, and compares performance across four key categories: regulation, management, information, and technical measures. The analysis establishes a baseline for assessing the implementation of international environmental law and explaining the impact of national characteristics, policies, and actions on the fulfillment and effectiveness of international environmental agreements.

Compliance Theory

2008 ◽  
Author(s):  
Ronald B. Mitchell
Keyword(s):  
International Relations ◽  
Environmental Changes ◽  
Environmental Law ◽  
International Environmental Agreements ◽  
Good Faith ◽  
Environmental Agreements ◽  
International Environmental Law ◽  
Behavioural Changes ◽  
Induced Compliance ◽  
The Difference

International lawyers and legal scholars often assess the effects of international environmental agreements (IEAs) in terms of the extent to which states comply with their commitments. International relations scholars tend to examine IEA effects through a broader set of questions. They are concerned with any behavioural or environmental changes that can be attributed to an IEA – whether these changes involve compliance or not and regardless of whether these changes were desired, unintended, or even perverse. International relations scholars also focus on the reasons why states change their behaviour and what aspects, if any, of an IEA explain those behavioural changes. To see the difference between these approaches, consider four categories of behaviour: treaty-induced compliance, coincidental compliance, good faith non-compliance, and intentional non-compliance. This article reviews the theoretical terrain and shows that nominally ‘competing’ perspectives have different insights to offer those seeking to improve the practice of international environmental law.

scholarly journals What We Know (and Could Know) About International Environmental Agreements

2020 ◽  
Vol 20 (1) ◽  
pp. 103-121
Author(s):  
Ronald B. Mitchell ◽  
Liliana B. Andonova ◽  
Mark Axelrod ◽  
Jörg Balsiger ◽  
Thomas Bernauer ◽  
...  
Keyword(s):  
Environmental Governance ◽  
Environmental Law ◽  
International Environmental Agreements ◽  
Teaching Tool ◽  
Environmental Agreements ◽  
Design Features ◽  
International Environmental Law ◽  
International Environmental Governance ◽  
Graduate Teaching ◽  
Research Questions

Initiated in 2002, the International Environmental Agreements Data Base (IEADB) catalogs the texts, memberships, and design features of over 3,000 multilateral and bilateral environmental agreements. Using IEADB data, we create a comprehensive review of the evolution of international environmental law, including how the number, subjects, and state memberships in IEAs have changed over time. By providing IEA texts, the IEADB helps scholars identify and systematically code IEA design features. We review scholarship derived from the IEADB on international environmental governance, including insights into IEA membership, formation, and design as well as the deeper structure of international environmental law. We note the IEADB’s value as a teaching tool to promote undergraduate and graduate teaching and research. The IEADB’s structure and content opens up both broad research realms and specific research questions, and facilitates the ability of scholars to use the IEADB to answer those questions of greatest interest to them.

The EU and Environmental Multilateralism: The Case of Access and Benefit-Sharing and the Need for a Good-Faith Test

2014 ◽  
Vol 16 ◽  
pp. 109-142
Author(s):  
Elisa Morgera
Keyword(s):  
Biological Diversity ◽  
Environmental Law ◽  
Good Faith ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
International Environmental Law ◽  
Access And Benefit Sharing ◽  
Adoption And Implementation ◽  
Legal Principle ◽  
The Eu

AbstractThis chapter discusses the need for a good-faith test for assessing the legitimacy of ongoing and future EU initiatives aimed at contributing to the development and implementation of international environmental law. A test that is based on the international legal principle of good faith may serve to better understand when the EU is effectively supporting environmental multilateralism to the benefit of the international community, rather than seeking to unduly influence it purely for its own advantage. The test is developed mostly on the basis of EU efforts of contributing to climate change multilateralism, and is applied to a much less studied case: the adoption and implementation of the Nagoya Protocol on Access to Genetic Resources and Benefit-sharing under the Convention on Biological Diversity.

scholarly journals A critical examination of the Financial Mechanism as adopted in the Convention on Biological Diversity (CBD) from a developing country’s perspective

2014 ◽  
Vol 1 ◽  
pp. 70-81
Author(s):  
Shah Md Mushfiqur Rahman
Keyword(s):  
Developing Countries ◽  
Technology Transfer ◽  
Developing Country ◽  
Biological Diversity ◽  
Environmental Law ◽  
Convention On Biological Diversity ◽  
Critical Examination ◽  
International Environmental Law ◽  
Effective Compliance ◽  
Financial Mechanism

The main objective of this article would be to examine the financial mechanism of the CBD for the purpose of measuring its efficiency to ensure the Convention's implementation in the developing countries. The more international environmental law advances the more it is realized that normative provisions are hardly able to bring any good to the environment, if it is not substantiated by effective compliance mechanisms. The Convention on Biological Diversity is no exception to this realization and in tune with that the CBD adopted some in-built mechanisms e.g. financial mechanism, technology transfer etc. But how much is the financial mechanism, the most important of these, efficient to prompt the developing countries to comply with the Convention? This article will search for the answer to this question which is especially intriguing given the challenge of developing countries to strike a balance between developmental and conservation needs. DOI: http://dx.doi.org/10.3329/nujl.v1i0.18526 Northern University Journal of Law Vol.1 2010: 70-81

scholarly journals Ecosystem Approach in Dealing with Invasive Alien Species: International, European and Ukrainian Experience of Legal Regulation

2021 ◽  
Vol 4 (3) ◽  
pp. 79-93
Author(s):  
Yevhenii Suietnov ◽  
Elbis Tulina
Keyword(s):  
Alien Species ◽  
Biological Diversity ◽  
Invasive Alien Species ◽  
Environmental Law ◽  
Ecosystem Approach ◽  
Legal Regulation ◽  
Habitat Destruction ◽  
Convention On Biological Diversity ◽  
Positive Trend ◽  
The European Union

This article is devoted to highlighting the international, European and Ukrainian experience encompassing legal regulation dealing with the invasive alien species that represent the second largest threat to global biodiversity, right after habitat destruction. It has been proved that, at the international level, primarily within the framework of the Convention on Biological Diversity, the ecosystem approach is recognized as the basis in dealing with such species. It is also gradually being reflected in the regulatory framework of the European Union. The provisions of the EU on nature protection and the relevant regulations of the European Commission define invasive species, which are prohibited from activities that may contribute to their dissemination in the environment. In the Ukrainian environmental law, a positive trend towards the recognition of the ecosystem approach in dealing with invasive alien species is observed primarily among national strategic documents, while in current national environmental legislation, these issues are regulated fragmentarily and inconsistently, which indicates the need for its early reform.

Part VII Inter-linkages with Other Regimes, Ch.48 Intellectual Property

2021 ◽  
Author(s):  
Benjamin Lisa
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Biological Diversity ◽  
Environmental Law ◽  
Plant Genetic Resources ◽  
Convention On Biological Diversity ◽  
International Environmental Law ◽  
Food And Agriculture ◽  
Environmentally Sound

This chapter focuses on the role of intellectual property law and intellectual property rights (IPRs) in international environmental law. IPRs such as patents are also closely associated with biotechnology developments, and so are highly relevant to efforts to preserve biological diversity, ensure food security, and implement sustainable development goals (SDGs). Issues relating to IPRs arise in three broad areas of international environmental law: whether IPRs should be granted for potentially environmentally damaging technologies; the extent to which IPRs protect Indigenous environmental knowledge; and the extent to which IPRs may limit the transfer of environmentally sound technology. The chapter then provides an overview of IPRs under the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) and the 2001 International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGFA). It also considers the 1992 Convention on Biological Diversity (CBD); the 2010 Nagoya Protocol; the 1992 United Nations Framework Convention on Climate Change (UNFCCC); and the 2015 Paris Agreement.

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