Bridging the north-south-divide in international environmental law
In: Zeitschrift für ausländisches öffentliches Recht und Völkerrecht: ZaöRV = Heidelberg journal of international law : HJIL, Band 66, Heft 2, S. 259-296
ISSN: 0044-2348
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In: Zeitschrift für ausländisches öffentliches Recht und Völkerrecht: ZaöRV = Heidelberg journal of international law : HJIL, Band 66, Heft 2, S. 259-296
ISSN: 0044-2348
World Affairs Online
In: Studies in space law 3
In: Global environmental politics, Band 6, Heft 3, S. 104-120
ISSN: 1536-0091
The article compares the interplay between soft law institutions and those based on hard law in international efforts to protect the North Sea, reduce transboundary air pollution, and discipline fisheries subsidies. Our cases confirm that ambitious norms are more easily achieved in soft law institutions than in legally binding ones, but not primarily because they bypass domestic ratification or fail to raise concerns for compliance costs. More important is the greater flexibility offered by soft law instruments with respect to participation and sectoral emphasis. Second, ambitious soft law regimes put political pressure on laggards in negotiations over binding rules, but this effect is contingent on factors such as political saliency and reasonably consensual risk and option assessment. Third, hard-law instruments are subject to more thorough negotiation and preparation which, unless substantive targets have been watered down, makes behavioral change and problem solving more likely. Finally, although most of the evidence presented here confirms the implementation edge conventionally ascribed to hard law institutions, the structures for intrusive verification and review that provide part of the explanation can also be created within soft law institutions.
In: University of Hawaii Law Review, Band 35
SSRN
Working paper
In: International environmental agreements: politics, law and economics, Band 14, Heft 1, S. 5-24
ISSN: 1573-1553
In: Environmental policy and law, Band 53, Heft 5-6, S. 303-304
ISSN: 1878-5395
In: Environmental policy and law, Band 10, Heft 2, S. 47-52
ISSN: 1878-5395
In: Queen Mary studies in international law 19
Beyond the "keystone" CoPs : the ecology of institutional governance in conservation treaty regimes / Michael Bowman -- Delegate preparation and participation in conferences of the parties to environmental treaties / Edward] Goodwin -- Non-compliance- a pivotal or secondary function of CoP governance? / Peter G. G. Davies -- UNFCCC conference of the parties : the key international forest law-makers for better or for worse / Feja Lesniewska -- Governing the environment without CoPs L the case of water / Philippe Cullet
In: American journal of international law: AJIL, Band 98, Heft 1, S. 175-177
ISSN: 2161-7953
Introduction: "Anforce the law, or the world will be destroyed" is an appropriate expression for environmental law enforcement. Many treaties have regulated the environment, mainly deforestation, and many countries have ratified these treaties. However, implementing these regulations did not necessarily stop countries from deforesting.Purposes of the Research: Furthermore, in this research, steps that could be implemented to tackle deforestation internationally were given.Methods of the Research: This research was normative juridical research that examined an international law regulation, using qualitative analysis, and using secondary data.Results of the Research: Based on international data, many countries still carried out desertification, which amounts to thousands of hectares per year. One of the reasons for the weak implementation of treaties relating to environmental protection was the absence of coercive power from international conventions over the State's sovereign authority in forest management.Weak international environmental enforcement is caused by inadequate supervision and control as well as strong authority based on state sovereignty over forest management and utilization which depends on government policies, and the system of settlement and imposition of fines that still originate from a lawsuit
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In: Environmental policy and law: the journal for decision-makers, Band 34, Heft 1, S. 31-32
ISSN: 0378-777X
In: 1st Asian Researcher Symposium
SSRN
Working paper
In: Shawkat Alam, Jahid Hossain Bhuiyan, Tareq M.R. Chowdhury and Erika J Techera (eds) Routledge Handbook of International Environmental Law (Routledge, 2012)
SSRN
The book analyses the emerging concept of ?non-regression? as a novel legal principle of international environmental law. In order to do so, it traces the development of non-regression in the framework of international human rights law and provides an examination of the respective jurisprudence under universal and regional human rights instruments. These are then compared to closely-related normative concepts in the framework of international environmental law, including the non-regression concepts of the Paris Climate Change Agreement and biodiversity-related agreements such as the Ramsar Convention on Wetlands and the Bonn Convention on Migratory Species. The book advocates a novel usage of comparative law methods in order to allow for fruitful interactions between human rights and international environmental law.00'Non-regression in International Environmental Law' is an important contribution to the development of international environmental law that offers a fresh perspective on the relationship between human rights and international environmental law