Ensuring Compliance With Multilateral Environmental Agreements (Studies on the Law of Treaties, 2)

✍ Scribed by U. Beyerlin, P. T. Stoll, R. Wolfrum

• Year: 2006
• Tongue: English
• Leaves: 407
• Category: Library

✦ Synopsis

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.

✦ Table of Contents

Table of Contents......Page 6
Preface --- Ulrich Beyerlin......Page 8
Introduction --- Karsten Sach......Page 10
Enforcement Mechanisms in International Law and International Environmental Law --- Jutta Brunnée......Page 14
Compliance with the Multilateral Environmental Agreements to Protect the Ozone Layer --- K. Madhava Sarma......Page 38
Practice of the Implementation Committee under the Convention on long-range Transboundary Air Pollution --- Tuomas Kuokkanen......Page 52
The Framework Convention on Climate Change and the Kyoto Protocol --- Rüdiger Wolfrum/Jürgen Friedrich......Page 66
Ensuring Compliance with the Basel Convention – its Unique Features --- Akiho Shibata......Page 82
Remarks about the Cites Compliance Regime --- Susan Biniaz......Page 102
OSPAR Convention on the Protection of the Marine Environment of the North-East Atlantic --- Alan Simcock......Page 110
Compliance with the 1992 Convention on the Protection of the Environment of the Baltic Sea Area (the "Helsinki Convention") --- Malgosia Fitzmaurice......Page 128
Compliance Control in International Conventions on the Protection of the Marine Environment against Oil Pollution --- Thomas A. Mensah......Page 146
Practice of Compliance Control within the Framework of the Protection of Marine Living Resources --- William R. Edeson......Page 164
Comment on the Compliance Control Mechanism within the Framework of the International Whaling Convention --- Patricia Birnie......Page 188
Cross-cutting Issues Related to Ensuring Compliance with MEAs --- Elizabeth Maruma Mrema......Page 214
Reporting Obligations and Assessment of Reports --- Alexandre Kiss......Page 242
Ensuring Compliance with Multilateral Environmental Agreements – Systems of Inspection and External Monitoring --- Michael Bothe......Page 260
Sanctions in Case of Non-Compliance and State Responsibility: pacta sunt servanda – Or Else? --- Peter H. Sand......Page 272
Technical and Financial Assistance and Compliance: the Interplay --- Laurence Boisson de Chazournes......Page 286
Financial and Other Incentives for Complying with MEA Obligations --- Nele Matz......Page 314
The Role of NGOs in the Process of Ensuring Compliance with MEAs --- Astrid Epiney......Page 332
Non-compliance and Dispute Settlement --- Philippe Sands......Page 366
Conclusions drawn from the Conference on Ensuring Compliance with MEAs --- Ulrich Beyerlin – Peter-Tobias Stoll – Rüdiger Wolfrum......Page 372
List of Contributors......Page 384
Index......Page 386