Full Description
Traditional means of international dispute settlement have proved to be largely ineffective in ensuring the effectiveness of international environmental law. Thus, states are increasingly creating regime-specific systems to control, facilitate and assist the implementation of and compliance with each multilateral environmental agreement.
By bringing together the perspectives of scholars, negotiators and practitioners, this book provides a comprehensive and in-depth analysis of the most advanced of these systems, the so-called "non-compliance mechanisms", in which a specialized treaty body is entrusted with the task of examining cases of non-compliance by State parties.
Included are descriptions of each mechanism and an analysis of cross-cutting issues. It also explains how these systems relate to relevant concepts and mechanisms of general international law and, for the first time, of European Union law.
The book is a valuable source of information and recommended reading for academics, practitioners, civil servants, NGOs and all those interested in public international law, EC law and environmental law.
Tullio Treves is a Judge at the International Tribunal for the Law of the Sea and Professor of International Law at the University of Milan; Laura Pineschi is Professor of International Law at the University of Parma; Attila Tanzi is Professor of International Law at the University of Bologna and Chairperson of the Compliance Committee of the Protocol on Water and Health; Cesare Pitea is Aggregate Professor of International and European Law at the University of Parma; Chiara Ragni is a Senior Researcher in International Law atthe University of Milan; and Francesca Romanin Jacur is a Post-doc Researcher in International Law at the University of Milan and Legal Adviser to the Italian Ministry of the Environment, Land and Sea in a project of the University of Siena.
Contents
Non-Compliance Procedures and Mechanisms in Environmental Agreements Universal Treaties.- The Non-Compliance Procedure of the 1987 Montreal Protocol to the 1985 Vienna Convention on Substances that Deplete the Ozone Layer.- Mechanism for Promoting Implementation and Compliance with the 1989 Basel Convention on the Transboundary Movements of Hazardous Wastes and Their Disposal.- The Compliance Procedures and Mechanisms of the 1996 Protocol to the 1972 London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter.- Procedures and Mechanisms Relating to Compliance under the 1997 Kyoto Protocol to the 1992 United Nations Framework Convention on Climate Change.- Draft Procedures and Mechanisms on Compliance with the 1998 Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade.- Procedures and Mechanisms on Compliance under the 2000 Cartagena Protocol on Biosafety to the 1992 Conventionon Biological Diversity.- Draft Non-Compliance Procedure under the 2001 Stockholm Convention on Persistent Organic Pollutants.- Draft Procedures and Operational Mechanisms to Promote Compliance and to Address Issues of Non-Compliance under the 2001 International Treaty on Plant and Genetic Resources for Food and Agriculture.- Non-Compliance Procedures and Mechanisms in Environmental Agreements Regional Treaties.- Procedures and Mechanisms on Compliance under the 1976/1995 Barcelona Convention on the Protection of the Mediterranean Sea and its Protocols.- Procedures and Mechanisms for Review of Compliance under the 1979 Long-Range Transboundary Air Pollution Convention and its Protocols.- Procedures and Mechanisms for Review of Compliance under the 1991 Espoo Convention on Environmental Impact Assessment in a Transboundary Context and its 2003 Protocol on Strategic Environmental Assessment.- The Compliance Mechanism of the 1991 Convention on the Protection of the Alps and its Protocols.- Procedures and Mechanisms for Review of Compliance under the 1998 Aarhus Convention on Access to Information, Public Participation and Access to Justice in Environmental Matters.- Procedures and Mechanisms for Review of Compliance under the 1999 Protocol on Water and Health to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes.- Procedures and Mechanisms for Review of Compliance under the 2003 Protocol on Pollutant Release and Transfer Registers to the 1998 Aarhus Convention.- Selected Studies on Practice.- The Compliance Mechanisms of the Aarhus Convention and the Cartagena Protocol on Biosafety: A Comparative Analysis of the Negotiation Histories and their Outcomes.- The Practice of the Compliance Committee under the Kyoto Protocol to the United Nations Framework Convention on Climate Change (2006-2007).- Practice and Relevant Cases that Emerged in the Context of the Espoo Convention Implementation Committee.- In Search of New Waysto Ensure Effective Compliance with Environmental Procedures and Policies: The Experience of the European Bank for Reconstruction and Development with its Internal Recourse Mechanism.- Institutional and Procedural Aspects.- Structural and Institutional Aspects of Non-Compliance Mechanisms.- Triggering Non-Compliance Procedures.- Procedural Guarantees in Non-Compliance Mechanisms.- The Outcomes of the Procedure and their Legal Effects.- Controlling and Assisting Compliance: Financial Aspects.- Multiplication and Overlap of Non-Compliance Procedures and Mechanisms: Towards Better Coordination?.- Non-Compliance Mechanisms and International Law.- Non-Compliance Procedures and the Law of Treaties.- Non-Compliance Procedures and the Law of State Responsibility.- The Settlement of Disputes and Non-Compliance Procedures.- Non-Compliance Mechanisms and European Union Law.- Non-Compliance Procedures in Multilateral Environmental Agreements: The Interaction between International Law and EuropeanUnion Law.- The Policy and Practice of the European Union on Compliance Mechanisms under Multilateral Environmental Agreements.- Obligations of the European Community and its Member States under the Kyoto Protocol.- Conclusions.- Non-Compliance Mechanisms: Lessons Learned and the Way Forward.
