International Environmental Law: A Case Study Analysis

✍ Scribed by Gerry Nagtzaam, Evan van Hook and Douglas Guilfoyle

• Publisher: Routledge
• Year: 2019
• Tongue: English
• Leaves: 653
• Category: Library

✦ Synopsis

This book seeks to better understand how International Environmental Law regimes evolve. The authors address throughout the major environmental, economic, and political tensions that have both shaped and constrained the evolution of international environmental policy within regimes, and its expression in international legal rule and norm development.

Readers will gain an increased understanding of the growing role played by non-state actors in global environmental governance, including environmental non-government organisations, scientists, the United Nations, and corporations. The authors also look ahead to the future of International Environmental Law, evaluating key challenges and decisions that the discipline will face.

The text is clear, concise, and accessible. It is ideally suited to students and professionals interested in International Environmental Law, and individuals who are intrigued by this dynamic area of law.

✦ Table of Contents

Half Title
Title Page
Copyright Page
Table of Contents
Forewords
AMBASSADOR STUART E. EIZENSTAT
AMBASSADOR THOMAS A. SHANNON JR.
Acknowledgements
List of abbreviations
Chapter 1: Introduction
AIM OF THE BOOK
METHODOLOGY ADOPTED
DEFINING THE ENVIRONMENT
WHY PROTECT THE ENVIRONMENT?
THE CONCEPTS OF EXPLOITATION, CONSERVATION AND PRESERVATION
A BRIEF HISTORY OF INTERNATIONAL ENVIRONMENTAL LAW-MAKING
STRUCTURE OF THE BOOK
NOTES
Chapter 2: Stakeholders in international environmental regimes
INTRODUCTION
THE ROLE OF THE STATE
THE ROLE OF NON-STATE ACTORS
NOTES
Chapter 3: Antarctic regime and mineral exploitation
INTRODUCTION
A BRIEF HISTORY OF ANTARCTICA
ANTARCTICA AND THE SEARCH FOR MINERALS
BUILDING THE ANTARCTIC REGIME
THE ANTARCTIC TREATY AND MINERAL EXPLOITATION
WHY THE PUSH TO EXPLOIT ANTARCTICA’S MINERALS?
ENGOS AND ANTARCTIC MINERAL EXPLOITATION
ANTARCTIC TREATY CONSULTATIVE PARTIES AND MINERAL EXPLOITATION
ENGOS DURING THE 1970S
THE CREATION OF THE WELLINGTON CONVENTION (CRAMRA)
ENGO RESPONSES TO THE CRAMRA NEGOTIATIONS
ENGO OPPOSITION TO CRAMRA
WHY DID CRAMRA FAIL TO BE RATIFIED?
THE NEGOTIATION OF THE MADRID PROTOCOL
CONCLUSION
NOTES
Chapter 4: Tropical timber
INTRODUCTION
THE ENVIRONMENTAL ROLE OF TROPICAL FORESTS
TROPICAL FOREST DEFORESTATION
CAUSES OF TROPICAL FOREST DEFORESTATION
BUILDING AN INTERNATIONAL TROPICAL TIMBER REGIME?
THE ENGOS AND THE TROPICAL TIMBER REGIME
THE INTERNATIONAL TROPICAL TIMBER AGREEMENT
THE INTERNATIONAL TROPICAL TIMBER ORGANIZATION
THE ENGO RESPONSE TO THE NEW ITTO
SUSTAINABLE FOREST MANAGEMENT
SUSTAINABLE LABELLING
THE ITTO AND THE YEAR 2000 OBJECTIVE
THE 1994 SUCCESSOR AGREEMENT NEGOTIATIONS
THE YEAR 2000 REPORT
SUCCESSOR AGREEMENT TO THE INTERNATIONAL TROPICAL TIMBER AGREEMENT 2006
CONCLUSION: THE UNCERTAIN FUTURE OF THE ITTO?
NOTES
Chapter 5: Atmospheric ozone
INTRODUCTION
THE DISCOVERY OF OZONE, OZONE-DEPLETING SUBSTANCES AND THE OZONE LAYER
CRAFTING THE 1985 VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER
THE 1985 VIENNA MEETING
THE GENEVA MEETING 1986
THE MONTREAL PROTOCOL NEGOTIATIONS
NEGOTIATION OUTCOMES
SIGNING AND RATIFICATION OF THE PROTOCOL
IS THE MONTREAL PROTOCOL A SUCCESS OR FAILURE?
INDUSTRY REACTION POST-MONTREAL
ENTRENCHING THE MONTREAL PROTOCOL
THE POST-MONTREAL PROTOCOL MEETINGS
THE 1990 MEETING AND LONDON AMENDMENT
THE 1991 MEETING COPENHAGEN AMENDMENT
THE 1993 BANGKOK MEETING
THE 1995 VIENNA MEETING
THE 1997 MONTREAL MEETING AND AMENDMENT
THE 1998 BEIJING MEETING AND AMENDMENT
THE 2004 MONTREAL MEETING
THE 2007 MONTREAL MEETING
THE 2009 GENEVA MEETING
THE 2010 BANGKOK MEETING
THE 2011 BALI MEETING
THE 2012 GENEVA MEETING
THE 2014 PARIS MEETING
THE 2015 DUBAI MEETING
THE 2016 GENEVA MEETING
THE 2016 KIGALI MEETING AND AMENDMENT
THE 2017 MONTREAL MEETING
THE 2018 QUITO MEETING
CONCLUSION
NOTES
Chapter 6: Climate change I
INTRODUCTION
THE SCIENCE OF CLIMATE CHANGE AND ITS POTENTIAL IMPLICATIONS
THE CLIMATE GOVERNANCE ECOSYSTEM
EVOLUTION OF THE CLIMATE GOVERNANCE ECOSYSTEM
STATE INTERESTS AND GENERAL POSITIONS
THE INC SESSIONS
SETTING – AND UPSETTING – NEW UNFCCC RULES (“TOP DOWN/TWO TIER”)
LEAD-UP TO THE 1997 KYOTO PROTOCOL
THE KYOTO PROTOCOL
POLITICAL CHANGE POST-KYOTO AND CIVIL SOCIETY’S RESPONSE
NOTES
Chapter 7: Climate change II
INTRODUCTION
THE KYOTO/NON-KYOTO PERIOD AND THE CLIMATE GOVERNANCE ECOSYSTEM
THE KYOTO PROTOCOL GOES INTO EFFECT
THE BALI ROADMAP AND ACTION PLAN (2007) AND THE COPENHAGEN ACCORD (2009)
THE PARIS CONFERENCE, COP 21 AND THE PARIS DECISION AND AGREEMENT
POST PARIS
SLOUCHING TOWARDS GLOBAL CLIMATE GOVERNANCE: CONTINUED EVOLUTION OF THE CLIMATE GOVERNANCE SYSTEM
NOTES
Chapter 8: Biological diversity
INTRODUCTION
PROPERTY RIGHTS TO GENETIC RESOURCES
BIOPROSPECTING V BIOPIRACY
DRAFTING THE CONVENTION
THE CONVENTION ON BIOLOGICAL DIVERSITY
HOW SUCCESSFUL WAS THE CBD INITIALLY?
THE FIRST COP MEETING
THE CARTAGENA PROTOCOL ON BIOSAFETY
THE NEGOTIATIONS
KEY PROVISIONS OF THE PROTOCOL
THE NAGOYA – KUALA LUMPUR SUPPLEMENTARY PROTOCOL ON LIABILITY AND REDRESS
KEY PROVISIONS OF THE SUPPLEMENTARY PROTOCOL
THE NAGOYA PROTOCOL ON ACCESS AND BENEFIT SHARING
THE NAGOYA PROTOCOL: KEY PROVISIONS
CBD MEETINGS AFTER THE PROTOCOLS
CONCLUSION
NOTES
Chapter 9: The oceans
INTRODUCTION
TWENTIETH-CENTURY CODIFICATION EFFORTS
POLYMETALLIC NODULES, THE DEEP SEABED ANDTHE UN SEABED COMMITTEE (1967–1973)
THE UNCLOS III NEGOTIATIONS (1973–1982)
SPECIFIC TOPICS OF NEGOTIATION
THE CONVENTION IN OUTLINE
“PIONEER INVESTORS” AND THE RECIPROCATING STATES REGIME (1982–1994)
THE 1994 IMPLEMENTATION AGREEMENT
THE UN FISH STOCKS AGREEMENT
CONCLUSION
NOTES
Chapter 10: Whaling
INTRODUCTION
GLOBAL INDUSTRIAL EXPLOITATION OF WHALES
BUILDING A GLOBAL WHALING REGIME
THE INTERNATIONAL CONVENTION FOR THE REGULATION OF WHALING (1946)
SCIENTISTS AND THE INTERNATIONAL WHALING COMMISSION
ENGOS AND THE INTERNATIONAL WHALING COMMISSION
THE PUSH TO IMPOSE A MORATORIUM
AFTER THE WHALING MORATORIUM
CONTESTING THE DEFINITION OF ‘CONSERVATION’ IN THE ICRW
IWC SCIENTIFIC PERMITS AND WHALING
THE “IRISH PROPOSAL” FOR THE FUTURE OF THE IWC
THE PROPOSED CONSENSUS DECISION TO IMPROVE THE CONSERVATION OF WHALES
THE 2010 MOROCCO MEETING
A LOST DECADE? SUBSEQUENT IWC MEETINGS
THE 2018 BRAZIL MEETING
JAPAN WITHDRAWS FROM THE IWC
CONCLUSION
NOTES
Chapter 11: Atlantic tuna
INTRODUCTION
GLOBAL FISH PRODUCTION AND CONSUMPTION
THE GLOBAL TUNA INDUSTRY
THE CREATION OF THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNA
THE INTERNATIONAL CONVENTION FOR THE CONSERVATION OF TUNAS
ICCAT STRUCTURE
BIRTH OF ICCAT 1966–1981
BIRTH OF ICCAT 1966–1981
ICCAT IN THE 1980S: A REGIME ADRIFT
ICCAT IN THE 1990S: CONSERVATIONISTS RUN OUTOF PATIENCE
SEEKING AN ALTERNATIVE REMEDY: GOING TO CITES
ICCAT’S RESPONSE TO THE THREAT
THE IMPACT OF ENGOS
ICCAT IN THE 2000S: CHANGE IS IN THE AIR
RFMO PERFORMANCE REVIEW
SUSPENDING THE FISHERIES: A MORATORIUM?
2008 INDEPENDENT PERFORMANCE REVIEW OF ICCAT
FORTIETH ANNIVERSARY OF ICCAT
2010 CITES MEETING: A FINAL ROLL OF THE DICE
2011 ONWARDS: A GLIMMER OF HOPE?
REPORT OF THE SECOND INDEPENDENT PERFORMANCE REVIEW OF ICCAT
THE 2017 MEETING, MOROCCO
THE 2018 SPECIAL MEETING, DUBROVNIK
CONCLUSION
NOTES
Chapter 12: External actors: The Sea Shepherd Conservation Society
INTRODUCTION
BACKGROUND OF PAUL WATSON
CREATING THE SEA SHEPHERD CONSERVATION SOCIETY
PHILOSOPHY OF THE SSCS
ORGANISATIONAL STRUCTURE
STRATEGY AND TACTICS
SEA SHEPHERDS AND ATTITUDES TO VIOLENCE
THE SSCS RATIONALE FOR THEM TO END JAPANESE SCIENTIFIC WHALING
THE FIRST ACTION AGAINST WHALING: RAMMING THE PIRATE WHALING SHIP THE SIERRA
THE SEA SHEPHERDS VS. JAPANESE ANTARCTIC SCIENTIFIC WHALING
PAUL WATSON ARRESTED
PAUL WATSON SKIPS BAIL
INJUNCTION LEVIED ON PAUL WATSON AND THE SSCS
OPERATION ZERO TOLERANCE
ENDING THE HUNT?
CONCLUSION: ARE THE SSCS METHODS COUNTERPRODUCTIVE?
NOTES
Chapter 13: The future of international environmental law
INTRODUCTION
PART I
THE PROBLEM OF STATE SOVEREIGNTY
SUPRANATIONAL ENVIRONMENTAL INSTITUTIONS
THE “CRITICAL COUNTRY” APPROACH
SHIFTING FROM WESTPHALIAN DOMINANCE TO PARTICIPATION IN THE IEL GOVERNANCE ECOSYSTEM
A UNIFIED FIELD THEORY?: INTEGRATING REGIMES
PART II
A NEW GENERATION OF ENVIRONMENTAL PROBLEMS
PLASTIC POLLUTION
PHYTOPLANKTON
THE ARCTIC REGIME
ENVIRONMENTAL DISPLACEMENT
CONCLUSION
NOTES
Index
Cover