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The Common But Differentiated Responsibility Principle in Multilateral Environmental Agreements

The Common But Differentiated Responsibility Principle in Multilateral Environmental Agreements
Author: Tuula Honkonen
Publisher: Kluwer Law International B.V.
Total Pages: 434
Release: 2009-01-01
Genre: Law
ISBN: 9041131531

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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 stateand’s 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.


Ensuring Compliance With Multilateral Environmental Agreements

Ensuring Compliance With Multilateral Environmental Agreements
Author: Ulrich Beyerlin
Publisher: BRILL
Total Pages: 407
Release: 2006
Genre: Law
ISBN: 9004146172

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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.


Manual on Compliance with and Enforcement of Multilateral Environmental Agreements

Manual on Compliance with and Enforcement of Multilateral Environmental Agreements
Author: Carl Bruch
Publisher: UNEP/Earthprint
Total Pages: 796
Release: 2006
Genre: Law
ISBN: 9789280727036

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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.


The Effectiveness of Multilateral Environmental Agreements

The Effectiveness of Multilateral Environmental Agreements
Author: Nordic Council Of Ministers Staff
Publisher: Nordic Council of Ministers
Total Pages: 156
Release: 1997
Genre: Environmental law, International
ISBN: 9789291208210

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Guide for Negotiators of Multilateral Environmental Agreements

Guide for Negotiators of Multilateral Environmental Agreements
Author: United Nations Environment Programme
Publisher: UNEP/Earthprint
Total Pages: 70
Release: 2006
Genre: Business & Economics
ISBN: 9789280728071

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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.


Multilateral Environmental Treaties

Multilateral Environmental Treaties
Author: Malgosia Fitzmaurice
Publisher:
Total Pages: 0
Release: 2017
Genre: Environmental law, International
ISBN: 9781783477203

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This volume of the Elgar Encyclopedia of Environmental Law presents an overview and selective analysis of multilateral environmental agreements (MEAs). These agreements encompass the regulating aspects of the protection, conservation, management, use and exploitation of living and natural resources in various areas: from biodiversity to fisheries, marine environment, shared freshwater resources, atmosphere, climate change, procedural obligations and rights and human rights, as well as Polar Regions. This book guides the reader through the multifarious conventional regulation of such areas of environmental protection, both at the global and regional levels, and details the path from the first post-war sectorial attempts at introducing international pieces of conventional environmental regulation to the booming of environmental instruments of the '90s and the recent fertile period of creation of new MEAs and their exponential growth.


Multilateral Environmental Agreements and Compliance

Multilateral Environmental Agreements and Compliance
Author: Anna Huggins
Publisher: Routledge
Total Pages: 206
Release: 2017-11-27
Genre: Law
ISBN: 1351974068

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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.


Multilateral Environmental Agreements

Multilateral Environmental Agreements
Author: Bharat H. Desai
Publisher: Cambridge University Press
Total Pages:
Release: 2010-04-19
Genre: Law
ISBN: 1139489534

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The present study seeks to examine the genesis, development, and proliferation of multilateral environmental agreements (MEAs) - in-built law-making mechanisms and processes of institutionalization - and their ad hoc treaty-based status and the issue of the legal personality of their secretariats. It provides legal understanding of the location of MEA secretariats within an existing international host institution, as well as discussion of the issue of relationship agreements and interpretation of the commonly used language that triggers such relationships. It places under scrutiny the standard MEA phrase 'providing a secretariat', delegation of authority by the host institution to the head of the convention secretariat, possible conflict areas, host country agreement, and the workings of the relationship agreements. The book offers an authoritative account of the growing phenomenon in which an existing international institution provides a servicing base for MEA that, in turn, triggers a chain of legal implications involving the secretariat, the host institution, and the host country.


Compliance Mechanisms Under Selected Multilateral Environmental Agreements

Compliance Mechanisms Under Selected Multilateral Environmental Agreements
Author: Gregory Lawrence Rose
Publisher: UNEP/Earthprint
Total Pages: 148
Release: 2007
Genre: Law
ISBN: 9789280728064

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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.