Suchergebnisse

Multilateral Environmental Agreements&mdash ; MEAs&mdash ; are indispensable legal frameworks for environmental sustainability and also define the operating rules of their implementation bodies (&ldquo ; Secretariats&rdquo ; ). The contribution assesses in how far the norms defining Secretariats&rsquo ; functions differ and also reflect on actual functions for three MEAs, namely (1) the Convention on International Trade in Endangered Species of Wild Fauna and Flora-CITES (1973), (2) the Convention on Biological Diversity&mdash ; CBD (1992), and (3) the Convention on Migratory Species&mdash ; CMS (1979). It does so by comparative legal interpretation of the main norms of these MEAs laying down the functions of its respective Secretariats as well as an in-depth review of academic literature about these functions. The results for these three conventions divide into nine functional areas and show an unexpectedly wide range of different functions laid down in the conventions as well as extensive variety in the discretion for many of these functional areas. Some potential explanations of these formal differences are provided. The paper further finds that actually executed functions may not be fully covered by the underlying legal norms but rather by &ldquo ; flexible&rdquo ; highest governing bodies of MEAs and concludes that occasionally an unusual legislative style was chosen, and shows potential solutions and future research directions.

Coordination and cooperation are necessary topics to strengthen international environmental agreements that improve action against worldwide challenges towards sustainable development and environmental protection, such as invasive alien species (IAS). This study aims to assess to what extent national and transnational cooperation and coordination influences the implementation of a supranational regulation against IAS based on an example from the European Union (EU). Data is used from a broader study, including 47 responses to an online questionnaire and 22 interviews completed by experts from two countries (Austria and Romania), together with in depth literature. Additionally, the IAS-Regulation is analyzed from the perspective of cooperation and coordination. The terms &ldquo ; cooperation&rdquo ; and &ldquo ; coordination&rdquo ; were found within the text of the IAS-Regulation 11 and nine times respectively, whereas their context was transnational and national levels mainly, and transnational, respectively. It was further acknowledged from the majority of the answers from the survey respondents that the national coordination and cooperation is weaker than the transnational level due to the influence of the national competence distribution. Results from the interviews are separated into &lsquo ; transnational&rsquo ; and &lsquo ; national&rsquo ; cooperation and coordination. They show that the majority of the 47 responses indicate that the distribution of competence is one of the main influencing factors on the implementation. It is concluded that the current situation of cooperation and coordination in Austria and Romania renders it difficult for the European Commission to receive a realistic view about IAS and the implementation of the IAS Regulation in the two countries ; hence, it is difficult to offer helpful support especially due to poor national cooperation. The current study can serve as a blueprint for further studies. Even in regional integration contexts beyond the EU, it can prove helpful to assess the impact of different kinds of competence distribution on the implementation of common norms. Thus, this research can path the way innovatively and serve as a comparative example for similar future studies.

"This book explores how public and private actors can interrelate to achieve also by means of law a sustainable development which is beneficial for the environment, society and the economy. The Role of Law in Governing Sustainability assesses the structure, functions and perspectives of law in the wider governance frameworks of sustainable development. It provides latest and in-depth insights from each of the three dimensions of sustainable development and the relations among them. Latest political developments on global and regional level related to the environmental, social and the economic dimensions are provided as well as in-depth case studies. Thereby the book explores how international and national laws and governance can help us move towards a more sustainable future. This book will be of great interest to students and scholars of environmental law, global governance and sustainable development"--

Multilateral Environmental Agreements-MEAs-are indispensable legal frameworks for environmental sustainability and also define the operating rules of their implementation bodies ("Secretariats"). The contribution assesses in how far the norms defining Secretariats' functions differ and also reflect on actual functions for three MEAs, namely (1) the Convention on International Trade in Endangered Species of Wild Fauna and Flora-CITES (1973), (2) the Convention on Biological Diversity-CBD (1992), and (3) the Convention on Migratory Species-CMS (1979). It does so by comparative legal interpretation of the main norms of these MEAs laying down the functions of its respective Secretariats as well as an in-depth review of academic literature about these functions. The results for these three conventions divide into nine functional areas and show an unexpectedly wide range of different functions laid down in the conventions as well as extensive variety in the discretion for many of these functional areas. Some potential explanations of these formal differences are provided. The paper further finds that actually executed functions may not be fully covered by the underlying legal norms but rather by "flexible" highest governing bodies of MEAs and concludes that occasionally an unusual legislative style was chosen, and shows potential solutions and future research directions.

The Environmental Liability Directive ('ELD') of the European Union entered into force on 30th April 2004 and had to be implemented by 30th April 2007. It had been already from the early beginning up to today subject to multiple considerations by many scholars and is implemented quite differently in the different EU Member States. The ELD contains provisions concerning the liability for 'environmental damage', which is further defined inter alia as a specific damage of certain species and habitats ('biodiversity damage'). Besides the ELD there are already other legal provisions on the European as well as on the international and national level covering several aspects of these liability issues more stringently. Hence the question arises as to how the new provisions of the ELD delimit from these similar but other EU, international and national norms.