Статті в журналах: "Multilateral environmental agreement"

1

Kuriyama, Ikuko. "Supporting multilateral environmental agreement with satellite Earth observation." Space Policy 21, no. 2 (May 2005): 151–60. http://dx.doi.org/10.1016/j.spacepol.2005.02.002.

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2

Voigt, Christina. "Equity in the 2015 Climate Agreement." Climate Law 4, no. 1-2 (July 25, 2014): 50–69. http://dx.doi.org/10.1163/18786561-00402005.

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The success of the negotiations under the adp will depend, among other things, on a common understanding of equitable sharing of efforts and benefits. An equitable climate regime needs to be based on differentiation that is flexible and dynamic and only granted on a temporary basis. Finding reliable yet flexible and dynamic ways for allocating rights and responsibilities accordingly may be the main and toughest task in multilateral environmental treaty-making. This article anslyses differentiation in various multilateral environmental agreements and identifies ways for differentiating between states that could be helpful in a climate context.

3

Kim, Rakhyun E. "Is a New Multilateral Environmental Agreement on Ocean Acidification Necessary?" Review of European Community & International Environmental Law 21, no. 3 (November 2012): 243–58. http://dx.doi.org/10.1111/reel.12000.x.

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4

Kim, Rakhyun E. "The emergent network structure of the multilateral environmental agreement system." Global Environmental Change 23, no. 5 (October 2013): 980–91. http://dx.doi.org/10.1016/j.gloenvcha.2013.07.006.

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Downs, George W., David M. Rocke, and Peter N. Barsoom. "Managing the Evolution of Multilateralism." International Organization 52, no. 2 (1998): 397–419. http://dx.doi.org/10.1162/002081898753162866.

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One of the most prominent characteristics of multilateral organizations is that they do not “spring forth full blown”; they grow. Although this is well known, relatively few attempts have been made to explain it at a general level or to explore its implications. In this paper we show why states that desire to create a multilateral organization or agreement might be attracted to a strategy that involves admitting potential members sequentially based on their preferences. Such a “sequential construction” strategy can generate an unusual kind of structure-induced equilibrium that dramatically mitigates the breadth-depth trade-off and increases the level of cooperation a multilateral is able to attain. We evaluate these claims with data drawn from the history of the European Union and twenty environmental multilaterals.

6

Waelde, Thomas, and Abba Kolo. "Environmental Regulation, Investment Protection and ‘Regulatory Taking’ in International Law." International and Comparative Law Quarterly 50, no. 4 (October 2001): 811–48. http://dx.doi.org/10.1093/iclq/50.4.811.

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This article addresses a currently very controversial issue—the question of environmental regulation of foreign investment and the limits on such national regulation by international law, in particular by recently completed and negotiated multilateral investment Treaties (MITs). It contributes to the emerging discussion on how and where to draw the line between legitimate non-compensable national regulation aimed at protecting the environment, or ‘human, animal or plant life or health’1 on one hand, and regulation which is ‘tantamount’ to expropriation requiring compensation, on the other. It is a question that is largely responsible for the 1998 collapse of the negotiations for a Multilateral Agreement on Investment (MAI) within the OECD.2 This experience is currently the main obstacle for negotiating multilateral investment agreements—and it has already become a problem for the proper implementation of the already existing ones—in particular the novel and far-reaching investor-state arbitration under Chapter XI of NAFTA and Art. 26 of the Energy Charter Treaty.3

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Singer, Thomas O., and Robert Stumberg. "A Multilateral Agreement on Investment: Would It Undermine Subnational Environmental Protection?" Journal of Environment & Development 8, no. 1 (March 1999): 5–23. http://dx.doi.org/10.1177/107049659900800102.

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8

Egger, Peter, Christoph Jeßberger, and Mario Larch. "Trade and investment liberalization as determinants of multilateral environmental agreement membership." International Tax and Public Finance 18, no. 6 (April 13, 2011): 605–33. http://dx.doi.org/10.1007/s10797-011-9169-9.

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LAURENS, NOEMIE, ZACHARY DOVE, JEAN FREDERIC MORIN, and SIKINA JINNAH. "NAFTA 2.0: The Greenest Trade Agreement Ever?" World Trade Review 18, no. 4 (September 30, 2019): 659–77. http://dx.doi.org/10.1017/s1474745619000351.

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AbstractThe renegotiation of what US President Trump called ‘the worst trade deal ever’ has resulted in the most detailed environmental chapter in any trade agreement in history. The USMCA mentions dozens of environmental issues that its predecessor, the North American Free Trade Agreement (NAFTA), overlooked, and in line with contemporary US practice, brings the vast majority of environmental provisions into the core of the agreement, and subjects these provisions to a sanction-based dispute settlement mechanism. It also jettisons two controversial NAFTA measures potentially harmful to the environment. However, this paper argues that the USMCA only makes limited contributions to environmental protection. It primarily replicates most of the environmental provisions included in recent agreements, and only introduces three unprecedented environmental provisions. Moreover, it avoids important issues such as climate change, it does not mention the precautionary principle, and it scales back some environmental provisions related to multilateral environmental agreements.

10

Churchill, Robin R., and Geir Ulfstein. "Autonomous Institutional Arrangements in Multilateral Environmental Agreements: A Little-Noticed Phenomenon in International Law." American Journal of International Law 94, no. 4 (October 2000): 623–59. http://dx.doi.org/10.2307/2589775.

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Since the early 1970s a considerable number of multilateral agreements have been concluded in the environmental field that establish a common pattern of institutional arrangements. The purpose of these arrangements is to develop the normative content of the regulatory regime established by each agreement1 and to supervise the states parties’ implementation of and compliance with that regime. These institutional arrangements usually comprise a conference or meeting of the parties (COP, MOP) with decision-making powers, a secretariat, and one or more specialist subsidiary bodies. Such arrangements, because of their ad hoc nature, are not intergovernmental organizations (IGOs) in the traditional sense. On the other hand, as the creatures of treaties, such conferences and meetings of the parties, with their secretariats and subsidiary bodies, add up to more than just diplomatic conferences. Because such arrangements do not constitute traditional IGOs and yet are freestanding and distinct both from the states parties to a particular agreement and from existing IGOs, we have chosen to describe them as “autonomous.” They are also autonomous in the sense that they have their own lawmaking powers and compliance mechanisms.

11

Brack, Duncan. "The Shrimp-Turtle Case: Implications for the Multilateral Environmental Agreement—World Trade Organization Debate." Yearbook of International Environmental Law 9, no. 1 (1998): 13–19. http://dx.doi.org/10.1093/yiel/9.1.13.

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12

Schnurr, Matthew A., Elizabeth De Santo, and Rachael Craig. "Using a Blended Learning Approach to Simulate the Negotiation of a Multilateral Environmental Agreement." International Studies Perspectives 14, no. 2 (August 23, 2012): 109–20. http://dx.doi.org/10.1111/j.1528-3585.2012.00470.x.

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13

JONES, KENT. "The WTO core agreement, non-trade issues and institutional integrity." World Trade Review 1, no. 3 (November 2002): 257–76. http://dx.doi.org/10.1017/s1474745602001271.

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WTO member countries understand the core agreement of the organization to consist of binding reciprocal market access achieved through multilateral negotiation, and supported by a system of trade policy rules and dispute settlement. Attempts to introduce social chapters into the WTO would compromise the core agreement. Specifically, authorizing the use of trade sanctions to pursue non-trade goals would diminish the value of the WTO to its members, and undermine the global trading system. WTO agreements and rules can be reconciled with environmental goals, the improvement of labor standards and the promotion of human rights through the development and strengthening of international institutions dedicated to these issues. Efforts by governments to promote new global institutions and international agreements would thereby remove political barriers to trade liberalization.

14

Stabinsky, Doreen. "Bringing Social Analysis Into a Multilateral Environmental Agreement: Social Impact Assessment and the Biosafety Protocol." Journal of Environment & Development 9, no. 3 (September 2000): 260–83. http://dx.doi.org/10.1177/107049650000900304.

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15

Ahmed, Khalid, Naveed Ahmed, Muhammad Shahbaz, Ilhan Ozturk, and Wei Long. "Modelling trade and climate change policy: a strategic framework for global environmental negotiators." Journal of Water and Climate Change 7, no. 4 (June 14, 2016): 731–48. http://dx.doi.org/10.2166/wcc.2016.123.

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In the past, failure of trade–climate talks might have created negative signs, but international trade actually induces more participation and helps to attain joint agreement. Carbon permit trading has a key role to play in the abatement process. Participation in global multilateral negotiations and a country's self-interest with respect to entering an abatement process depends upon either the scale of climate change damage or the punishment level that affects its economy. Thus, this study assumes N good cases for countries that have substantial emission levels. We analyse the change in utility function through a business-as-usual scenario for both group and individual country levels. The model designed in this study examines the data on emissions and gross domestic product (GDP) for selected developing and developed countries and the rest of the world. The data calibrations are similar to the previous studies. However, this study extends the model to a strategic level at which countries can choose coalition partners to undertake abatement for mutual benefits, considering the terms of trade. The results possess strong trade–environment policy options and help them to reach certain multilateral agreement.

16

Petersmann, Ernst-Ulrich. "Economic Disintegration? Political, Economic, and Legal Drivers and the Need for ‘Greening Embedded Trade Liberalism’." Journal of International Economic Law 23, no. 2 (May 30, 2020): 347–70. http://dx.doi.org/10.1093/jiel/jgaa005.

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Abstract This contribution uses the examples of Great Britain’s withdrawal from the EU (Brexit) and US withdrawal from multilateral trade and environmental agreements for exploring political, economic, environmental, social, and legal reasons driving the backlash against economic integration agreements. In both examples, populist battle-cries for ‘taking back control’ and for lowering regulatory standards were followed by governmental attempts at evading parliamentary control over executive foreign policy powers to violate, or withdraw from, multilateral agreements. Anglo-Saxon neo-liberalism, President Trump’s mercantilist power politics, authoritarian state-capitalism (e.g. in China), and European ordo-liberalism reflect systemic divergences that may justify broad interpretations of WTO ‘exceptions’ (e.g. for WTO trade remedies and climate change mitigation). Europe’s multilevel, democratic constitutionalism protecting ‘social market economies’ was comparatively more effective in limiting protectionism and carbon emissions inside Europe’s common market. The EU’s ‘new green deal’ for a carbon-neutral ‘green economy’ was made possible by stronger, social, and democratic support based on ‘constitutional interpretations’ of Europe’s ordo-liberalism assisting adversely affected workers, producers, traders, investors, and other citizens to adjust economic and environmental activities to climate change mitigation. EU leadership for WTO-consistent climate change rules requires ‘greening embedded liberalism’ by interpreting the WTO ‘sustainable development’ objectives in conformity with the 2015 Paris Agreement, the UN ‘sustainable development goals’, and human rights (e.g. as legal basis for climate change litigation in Europe).

17

PARK, Byung-Do. "The Role of Conference of Parties and Legal Character of its Decisions in Multilateral Environmental Agreement." KOREAN JOURNAL OF INTERNATIONAL LAW 66, no. 1 (March 31, 2021): 97–120. http://dx.doi.org/10.46406/kjil.2021.03.66.1.97.

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18

Köppel, Martin, and Detlef F. Sprinz. "Do Binding Beat Nonbinding Agreements? Regulating International Water Quality." Journal of Conflict Resolution 63, no. 8 (January 30, 2019): 1860–88. http://dx.doi.org/10.1177/0022002718822127.

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Does the form of a multilateral agreement (MEA) by itself improve environmental performance? In particular, do legally nonbinding MEAs pose a rival to the effect of more traditional legally binding international agreements? Our theory builds on the legal and international regimes literatures and postulates that legally binding agreements (LBAs) have more benign effects on water quality than legally nonbinding agreements (LNBAs). We probe two operationalizations of the form of MEAs. First, we purely focus on the form: of legally binding versus legally nonbindings. Second, we combine the form of an agreement each with an index of precision and an index of delegation. The empirical focus is on upstream–downstream water quality in Europe during 1990 to 2007. Our regression analyses, regardless of specification, find that LBAs beat LNBAs and that LBAs with high degrees of precision and delegation beat the effect of any other configuration of agreements with respect to enhancing water quality.

19

Christmann, Stefanie. "Under which conditions would a wide support be likely for a Multilateral Environmental Agreement for pollinator protection?" Environmental Science & Policy 91 (January 2019): 1–5. http://dx.doi.org/10.1016/j.envsci.2018.10.004.

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Horton, Joshua B., and David W. Keith. "Multilateral parametric climate risk insurance: a tool to facilitate agreement about deployment of solar geoengineering?" Climate Policy 19, no. 7 (April 23, 2019): 820–26. http://dx.doi.org/10.1080/14693062.2019.1607716.

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21

Walter, Andrew. "NGOs, Business, and International Investment: The Multilateral Agreement on Investment, Seattle, and Beyond." Global Governance: A Review of Multilateralism and International Organizations 7, no. 1 (July 28, 2001): 51–73. http://dx.doi.org/10.1163/19426720-00701006.

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22

Stephens, C. "Guest editorial. The multilateral agreement on investment. Public health threat for the twenty-first century?" European Journal of Public Health 9, no. 1 (March 1, 1999): 3–5. http://dx.doi.org/10.1093/eurpub/9.1.3.

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23

Byrne, Adam. "The 1979 Convention on Long-Range Transboundary Air Pollution: Assessing its Effectiveness as a Multilateral Environmental Regime after 35 Years." Transnational Environmental Law 4, no. 1 (February 13, 2015): 37–67. http://dx.doi.org/10.1017/s2047102514000296.

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AbstractThere is no definitive approach to assessing the effectiveness of international environmental regimes. In order to explore the regime established by the 1979 Geneva Convention on Long-Range Transboundary Air Pollution this article broadly integrates the approach to effectiveness taken by Peter H. Sand inThe Effectiveness of International Environmental Agreements,and Daniel Bodansky inThe Art and Craft of International Environmental Law. The article finds that compliance, institutional, and normative effectiveness can be evaluated relatively confidently. An effectiveness assessment of the long-range transboundary air pollution (LRTAP) regime indicates that, on the whole, it has helped states to reach agreement on contentious issues and achieve results in air pollution reduction. However, it faces significant challenges with regard to participation, implementation procedures, empowerment of domestic stakeholders, and funding. The article provides an in-depth and up-to-date look at the LRTAP regime, including the most recent amendments and its relationship with European Union and international law.

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Vadrot, Alice B. M., Arne Langlet, Ina Tessnow-von Wysocki, Petro Tolochko, Emmanuelle Brogat, and Silvia C. Ruiz-Rodríguez. "Marine Biodiversity Negotiations During COVID-19: A New Role for Digital Diplomacy?" Global Environmental Politics 21, no. 3 (August 1, 2021): 169–86. http://dx.doi.org/10.1162/glep_a_00605.

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Abstract Measures related to the COVID-19 pandemic have indefinitely postponed in-person formal international negotiations for a new legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ). As a result, online initiatives have emerged to keep informal dialogue ongoing among both state and nonstate actors. To continue our research on the BBNJ process, we adapted our methodology and conducted a survey in May 2020 exploring the impact of COVID-19 on respondents’ BBNJ-related work and communication. This research note identifies online initiatives and communication channels set up to maintain negotiation momentum and examines the challenges and opportunities of digital diplomacy for multilateral environmental agreement making, as well as the study thereof. We discuss future avenues for global environmental politics research and conclude that digital ethnographies provide an entry point to study some of these dynamics but need to be adapted to the study of negotiation settings and the specific context of multilateral environmental diplomacy.

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Dal Ri Júnior, Arno, and Mariana Clara De Andrade. "A rodada do uruguai e o meio ambiente: o florescimento da tutela jurídica ambiental no sistema multilateral de comércio / The Uruguay Round and the Environment: the blooming of the environmental protection in the multilateral trading system." Revista Brasileira de Direito 13, no. 3 (December 22, 2017): 295. http://dx.doi.org/10.18256/2238-0604.2017.v13i3.1650.

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ResumoO presente artigo aborda as negociações internacionais relativas à tutela ambiental no sistema multilateral de comércio no período que compreende o fim da Rodada de Tóquio (1979) até o fim da Rodada do Uruguai (1994) e a instituição da Organização Mundial do Comércio. Para tanto, analisa-se brevemente as mudanças surgidas no cenário do Direito Internacional Ambiental no ínterim situado entre as duas rodadas referidas para que se contextualize os impactos dos eventos ocorridos no período, particularmente com os adventos da Conferência de Estocolmo (1972) e a Rio-92 (1992). A partir disso, são analisados documentos das negociações do grupo GATT relevantes a questões ambientais, com o objetivo de se verificar o desenvolvimento institucional e normativo ocorrido durante o período citado, com enfoque particular na Rodada do Uruguai. Verifica-se a forte influência dos acontecimentos entre as décadas de 1970 e 1990 no cenário internacional e, particularmente, no sistema multilateral de comércio, culminando com a inclusão da preocupação com o desenvolvimento sustentável no preâmbulo do Acordo Constitutivo da OMC, em 1994.Palavras-chaveGATT; Rodada do Uruguai; Meio Ambiente; Sistema Multilateral de Comércio; Direito Internacional Ambiental. AbstractThe present article studies the international negotiations related to the environmental protection in the multilateral trading system, in the period comprised from the end of the Tokyo Round (1979) to the end of the Uruguay Round and the institution of the World Trade Organization (1994). In order to do so, it describes briefly the changes emerged in the context of International Environmental Law during the interim between the two rounds, so as to expose the impacts of the events that occurred in this period, especially those brought about by the advent of the Stockholm Conference (1972) and the Rio-92 (1992). Afterwards, this work analyses the documents concerning environmental matters produced in the negotiations of the GATT group in the period post-1972, with the aim of verifying the institutional and legal development of the system during the aforementioned interlude, with particular attention to the Uruguay Round. From this perspective, it can be observed the strong influence of the events that took place from 1970 to 1990 in the international scenario and, particularly, in the multilateral trading system, culminating with the assertion of the concern with sustainable development in the Preamble of the Agreement Establishing the World Trade Organization, in 1994. KeywordsGATT; Uruguay Round; Environment; Multilateral Trading System; International Environmental Law.

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Wirth, David A. "Cracking the American Climate Negotiators’ Hidden Code: United States Law and the Paris Agreement." Climate Law 6, no. 1-2 (May 6, 2016): 152–70. http://dx.doi.org/10.1163/18786561-00601011.

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The United States’ position in, and conduct of, the negotiations leading to the Paris Agreement, as with almost all international diplomacy leading to reciprocal international undertakings conducted by that country, reflected not only internal politics, but also the constraints of domestic law. The United States is not unique in this respect, but it is unusual in the extent to and manner in which its municipal law constrains the creation of international commitments. This article disaggregates us international and domestic climate policy as it developed prior to the Paris negotiations and analyses how those dynamics played out on the multilateral stage, influencing the shape of the Paris Outcome, even to the name of the instrument. Among the subjects analysed are (1) the extent of the Executive’s powers in foreign relations on climate and related issues; (2) the strengths and limitations of existing federal legislation as domestic legal authority for an international agreement on limiting emissions of climate-disrupting gases; (3) domestic implementation of the us indc; (4) executive agreements as vehicles for undertaking internationally legally binding commitments on climate; and (5) the role of the courts.1

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Gascoigne, Catherine E. "‘Seeing the Wood for the Trees’: Revisiting the Consistency of Australia’s Illegal Logging Act with the Law of the World Trade Organization." Journal of Environmental Law 33, no. 2 (March 1, 2021): 395–422. http://dx.doi.org/10.1093/jel/eqab005.

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Abstract In the absence of coordinated multilateral action, many countries seek to address environmental harm occurring in foreign jurisdictions by introducing measures that regulate the importation of certain products. In Australia, the Illegal Logging Prohibition Act 2012 (Cth) and the Illegal Logging Prohibition Regulation 2012 (Cth) prohibit the import of timber that has been harvested in a manner that is contrary to the laws of the harvesting country. One unsettled question is whether the measure is inconsistent with the law of the World Trade Organization. This article considers this question ahead of the Commonwealth Government’s 10-year review of the Measure. To this end, the article examines the consistency of the Act with the General Agreement on Tariffs and Trade and the Agreement on Technical Barriers to Trade. The findings of the article are relevant to Australia and to other countries that design and implement measures to regulate the importation of products for environmental objectives.

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Hoad, Darren. "The General Agreement on Trade in Services and the Impact of Trade Liberalisation on Tourism and Sustainability." Tourism and Hospitality Research 4, no. 3 (March 2003): 213–27. http://dx.doi.org/10.1177/146735840300400303.

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After years of protracted negotiation the General Agreement on Trade in Services (GATS) was due to come into force at the end of 2002. This agreement, the first multilateral and legally enforceable liberalisation agreement covering trade in services, including tourism services, aims to eliminate obstacles and discriminatory barriers to service trade and increase markets for investment. The agreement, covering a range of sectors, promises to have a significant effect on tourism service provision and perhaps pose a significant challenge to the efforts to develop sustainable forms of tourism. The subject of considerable controversy, the GATS has been criticised by human rights, environmental and developing world activist groups, many of whom see it as nothing more than a front for corporate domination of global markets, accelerating environmental degradation and undermining local governance structures. Supporters, on the other hand, see the GATS potential in overcoming trade disputes and hold out the promise of regional development and employment through increased inward investment. This paper aims to outline the GATS, examine its legal principles and explain the enthusiasm of its supporters and the concerns of the critics. Furthermore, it considers the potential impact of the GATS on sustainability and on issues such as local community participation and tourism governance.

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Payán-Sánchez, Belén, Miguel Pérez-Valls, and José Antonio Plaza-Úbeda. "The Contribution of Global Alliances to Airlines’ Environmental Performance." Sustainability 11, no. 17 (August 24, 2019): 4606. http://dx.doi.org/10.3390/su11174606.

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Global alliances have traditionally been related to improvements in the economic and operational performances of companies, particularly in the airline industry. However, we still do not know the effect of the participation in this kind of multilateral agreement on the environmental performance of airlines. The main aim of this work is to analyze whether the alliance membership of airlines has an effect upon their environmental performance, and if so, whether or not the characteristics of the global alliance, as well as the business model of the airline, may influence this relation to a greater or lesser extent. The results of regression and Analysis of Variance (ANOVA) in a sample of 252 airlines (58 included in one of the three global alliances: Star Alliance, Oneworld, and SkyTeam) show a strong and inverse relationship between environmental performance and belonging to an alliance. The paper also shows empirical evidence of the influence of the business model of the airline on environmental performance. These results suggest important implications for managers facing challenges regarding sustainability.

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Botchway, Thomas Prehi. "The Balanced Obligation and the Basis for Compliance in International Law: Reflections on the Question of International Obligation." Journal of Politics and Law 12, no. 2 (May 30, 2019): 23. http://dx.doi.org/10.5539/jpl.v12n2p23.

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In this essay, we use the implementation of multilateral environmental agreements (MEAs) in developing countries (specifically, the implementation of the Convention on Biological Diversity in Ghana) to illustrate why and how States can implement international agreements and for that matter comply with international law without necessarily compromising on equally implementing effective policies to meet their domestic responsibility, particularly when such MEAs may be deemed by some as instruments that curtail the enjoyment of benefits from a State’s natural resources and endowments. The essay examines the nexus between compliance with international law (international obligation) and meeting domestic responsibility (particularly when the international treaty or agreement to be complied with seems to have some negative implications for the domestic population or State policy). Do States always have an incentive to comply with and execute their international obligations? Should the need for or argument against an international agreement or treaty necessarily lead to its abandonment by States? Can States effectively balance the execution of international obligation with meeting domestic responsibility? Should the effective implementation of a State’s international obligation be regarded as a zero sum for the State’s domestic responsibility? What should be the basis for compliance in international law? These are some of the few questions that this essay seeks to address.

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MASKUS, KEITH E. "Regulatory standards in the WTO: Comparing intellectual property rights with competition policy, environmental protection, and core labor standards." World Trade Review 1, no. 2 (July 2002): 135–52. http://dx.doi.org/10.1017/s147474560200112x.

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The negotiation of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) greatly expands the purview of the World Trade Organization (WTO) into domestic regulatory standards. This evolution immediately raises the question of whether other regulatory standards, including competition policy, environmental standards, and worker rights, should be added to the WTO agenda. Indeed, the Doha Declaration opened the door for negotiations on the environment and competition policy but not labor standards. In this paper I review the logic and evidence for this decision based on economic arguments for multilateral management of market externalities, policy coordination problems, and systemic trade issues. The review concludes that, conditional upon the protection of intellectual property rights in the WTO, a strong case may be made for including competition rules. The case is weaker for environmental regulation (if by that is meant a set of WTO rules on permissible standards) and quite weak for core labor standards.

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Schrijver, Nico J. "State Sovereignty in the Planetary Management of Natural Resources." Environmental Policy and Law 51, no. 1-2 (May 21, 2021): 13–20. http://dx.doi.org/10.3233/epl-219002.

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Protagonists of global environmental governance often view the sovereign State as well as the principle of sovereignty as major stumbling blocks for effective environmental conservation and sustainable development. Some even herald the demise of the idea of the sovereign State. However, reality has it differently. Sovereignty is no longer an unqualified concept. Manifold new duties have been imposed upon the sovereign State as a result of the progressive development of international law. Much of the modern international law movement vests States with the responsibility to adopt regulations, to monitor and secure compliance and exercise justice in order to achieve its implementation, whereas supranational global environmental governance has remained notoriously weak. This article examines this proposition by reference to the environmental and developmental role of states in three landmark multilateral treaties: The United Nations Law of the Sea Convention (1982), the Convention on the Conservation of Biological Diversity (1992) and the Paris Agreement on climate change (2015). They demonstrate that sovereignty serves as a key organisational principle for the realization of global values, such as environmental conservation and sustainable development.

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FOOTER, MARY E. "Post-normal science in the multilateral trading system: social science expertise and the EC–Biotech Panel." World Trade Review 6, no. 2 (July 2007): 281–97. http://dx.doi.org/10.1017/s147474560700328x.

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AbstractThe recent EC–Biotech case highlights the emerging regulatory divide between WTO Members and reveals a deepening crisis over issues of science and governance in the world trading system. This article focuses on the potential role that social science expertise might play as an analytical tool in understanding trade disputes involving scientific expertise relating to matters of risk assessment and polycentric decision-making. Particular consideration is given to the paradigm of ‘post-normal’ science, which pertains in situations where competent national authorities have to frame and implement policies before all the (scientific) facts are known. As the amicus curiae brief by a group of five social scientists before the EC–Biotech Panel demonstrates, where there is a high degree of scientific uncertainty, as in the case of GM products, post-normal science can offer a valuable means of framing the dispute in a broader societal context than the sound science approach, which is used to assess health, safety, and environmental risks under the SPS Agreement.

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Marshall, Fiona. "Two Years in the Life: The Pioneering Aarhus Convention Compliance Committee 2004–2006." International Community Law Review 8, no. 1 (2006): 123–54. http://dx.doi.org/10.1163/187197306779173248.

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AbstractThe UNECE's Aarhus Convention is widely considered as a leading light in the area of environmental democracy. Its Compliance Committee is similarly innovative, being the first multilateral environmental agreement to allow members of the public to trigger its compliance procedure. In February 2004 the first case by a member of the public seeking a review of a State Party's compliance was submitted to the Compliance Committee. Since then a further fifteen cases from members of the public have been received. This paper contains a review of the Compliance Committee's pioneering work over the last two years. The paper begins with a brief background on the Aarhus Convention. It then describes the structure and modus operandi of the Compliance Committee. The cases brought before the Committee to date are then discussed, including where relevant the Committee's findings and recommendations and the Meeting of the Parties' decisions. The paper ends with observations drawn from the Committee's case work thus far.

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Schoenbaum, Thomas J. "Free International Trade and Protection of the Environment: Irreconcilable Conflict?" American Journal of International Law 86, no. 4 (October 1992): 700–727. http://dx.doi.org/10.2307/2203788.

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States should cooperate to promote a supportive and open international economic system that would lead to economic growth and sustainable development in all countries, to better address the problems of environmental degradation. Trade policy measures for environmental purposes should not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade. Unilateral actions to deal with environmental challenges outside the jurisdiction of the importing country should be avoided. Environmental measures addressing transboundary or global environmental problems should, as far as possible, be based on an international consensus.Principle 12 Rio Declaration on Environment and DevelopmentThe global multilateral trading system and its centerpiece, the General Agreement on Tariffs and Trade (GATT), are facing a new challenge from a quite unexpected quarter. The GATT is under attack by some in the environmental community who charge that international free trade blindly fosters the exploitation of natural resources. The GATT is depicted as a sinister charter that allows “big business” a free hand to plunder the bounty of the natural world. In certain environmentalists’ view, “free trade can destroy the environment.” Thus, a segment of the large and influential environmentalist lobby has joined the growing coalition of interests seeking to scuttle what is left of international free trade.

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Mitchell, AndrewD, and Tania Voon. "Tariff Negotiations and Renegotiations under the GATT and the WTO: Procedures and Practices. By Anwarul Hoda. [Cambridge: Cambridge University Press. 2001, 137, (Appendices) 136 and (Index) 36 pp. Hardback £45.00 net. ISBN 0–521–80449–3.]." Cambridge Law Journal 61, no. 2 (June 24, 2002): 463–92. http://dx.doi.org/10.1017/s0008197302501690.

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Oneof the most important achievements of the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO) to date has been a substantial reduction in the level of tariffs applied in international trade. The average tariff on industrial products has diminished from more than 40 per cent. in 1947 to less than 5 per cent. today. As a result of this success, multilateral negotiations within the WTO have begun to place more emphasis on non-tariff barriers. Nevertheless, tariffs remain an important issue. Many OECD countries, for example, continue to impose high tariffs on agricultural products and other products of particular interest to developing countries. The work programme adopted at the Fourth WTO Ministerial Conference held in Doha late last year provides for negotiations to improve market access for agricultural products and to reduce or eliminate tariffs on non-agricultural products and environmental goods.

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de La Fayette, Louise Angélique. "Oceans Governance in the Arctic." International Journal of Marine and Coastal Law 23, no. 3 (2008): 531–66. http://dx.doi.org/10.1163/092735208x331908.

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AbstractGlobal warming is bringing rapid change to the Arctic. The melting of sea ice and glaciers is increasing faster than scientists predicted even a year ago. Environmental change is forcing legal and economic developments, which in turn will have serious environmental and social consequences. However, the potential for conflict has been greatly exaggerated. The 1982 United Nations Convention on the Law of the Sea (LOSC) has established the international legal regime governing the division of ocean space, sovereign rights over ocean resources, protection of the marine environment and the conduct of activities in and under the Arctic Ocean. Furthermore, a number of global environmental and maritime conventions apply to the Arctic. All the land territory, with its resources, is subject to national jurisdiction, as are the maritime zones proceeding seawards to the limits set out in the LOSC. While there is no multilateral political organisation with the power to regulate activities or to take legally binding decisions, there is a cooperative mechanism in the Arctic Council. Once all the maritime boundaries in the Arctic are delimited, the exploitation of resources can begin. However, first, precautionary measures should be adopted to ensure that the environment is protected as much as possible from increases in shipping and fishing as well as oil and gas development. This would require the elaboration of a regional seas agreement for the Arctic, incorporating elements of the Arctic Council, that reiterates the general principles in Part XII of the LOSC as well as those in the UN Fish Stocks Agreement, including the precautionary approach and the ecosystem approach.

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Orsini, Amandine, Daniel Compagnon, and Kathryn Kleppinger. "Corporate lobbying and multilateral environmental agreements." Revue française de science politique (English) 61, no. 2 (2011): 47. http://dx.doi.org/10.3917/rfspe.612.0047.

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Millimet, Daniel L., and Jayjit Roy. "Multilateral environmental agreements and the WTO." Economics Letters 134 (September 2015): 20–23. http://dx.doi.org/10.1016/j.econlet.2015.05.035.

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Besedeš, Tibor, Erik P. Johnson, and Xinping Tian. "Economic determinants of multilateral environmental agreements." International Tax and Public Finance 27, no. 4 (January 20, 2020): 832–64. http://dx.doi.org/10.1007/s10797-019-09588-z.

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Schmoll, Oliver, Enkhtsetseg Shinee, Mina Brajovic, Bettina Menne, Francesco Zambon, and Leda Nemer. "Montenegro makes important strides towards achievement of the SDGs." European Journal of Public Health 30, Supplement_1 (March 1, 2020): i43—i44. http://dx.doi.org/10.1093/eurpub/ckaa030.

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Abstract In 2018, Montenegro took an important step towards ratification of the Protocol on Water and Health to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes. A multisectoral national consultation provided a forum where national stakeholders could assist in related decision-making. The Protocol is the first and only multilateral legal agreement linking sustainable water management and the prevention, control and reduction of water-related diseases in the pan-European region. It was adopted in 1999 at the Third Ministerial Conference on Environment and Health in London and entered into force in 2005 as legally binding for the ratifying countries. To date, 26 countries have ratified it, covering about 60% of the population of the pan-European region. Montenegro is on the way to becoming the next country to ratify it and has used it as an instrument to strengthen national action towards progressively reaching regional and global WASH-related commitments, specifically in relation to SDG 3 (good health and well-being), SDG 6 (clean water and sanitation) and the Ostrava Declaration on Environment and Health (2017).

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Abdullah, Adam Muhammad Ahmed, Celia Dyduck, and Taha Y. Ahmed. "Transboundary Water Conflicts as Postcolonial Legacy (the Case of Nile Basin)." Vestnik RUDN. International Relations 20, no. 1 (December 15, 2020): 184–96. http://dx.doi.org/10.22363/2313-0660-2020-20-1-184-196.

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It is not shortage or lack of water that leads to conflict but the way how water is governed and managed. It is said that water will be, much more than oil, the major geopolitical issue of the 21st century. Although it is difficult to demonstrate this, it is clear that the increasing scarcity of the resource, on the one hand, and the configuration of its availability, on the other, are conflict-generating. In the particular case of the African continent, the large catchment basins of the Nile, Niger and Chad, shared by many states of unequal power, are the scene of inefficient hydro-diplomacy. Indeed, north to south, the Nile Delta is 161 km long and covers the coastline of Egypt from Alexandria in the west to Port Said in the east. Egypt with 100 mln population is de facto the principal hydro-hegemon state in the Nile basin. Nevertheless, a couple of riparian states, as Ethiopia (105 mln population), have taken measures in order to challenge this status quo: the signature and launching of the Nile Basin Initiative (NBI), the signature of Cooperative Framework Agreement (CFA), the construction of the Grand Ethiopian Renaissance Dam (GERD) and the signing of the Declaration of Principles Agreement. The article attempts to analyse the urgency of the problem of water resources allocation in Africa with particular focus to the Nile basin and the complexity of agreements regulating the issue dating back to the colonial era. The study also emphasizes the difficulties bilateral and multilateral aids faced while trying to solve a conflict. As Nile for many states is not just a source of water, it is the host of a fragile ecosystem, essential for maintaining the environmental and ecological balance of North-East Africa.

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DELIMATSIS, PANAGIOTIS. "Financial innovation and climate change: the case of renewable energy certificates and the role of the GATS." World Trade Review 8, no. 3 (July 2009): 439–60. http://dx.doi.org/10.1017/s1474745609004406.

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AbstractEnergy has come to the forefront of the public debate in the past decade for two main reasons: the first relates to the lack of a secure, continuous, and unconditional energy supply in the importing countries, mostly developed and transition economies, which are still dependent on non-renewable carbon-based fossil fuels. The second reason is that uncontrolled production, distribution, and use of conventional energy may lead to environmental degradation and global warming. Renewable energy certificates (RECs) are instruments that allow countries to promote energy generation from renewables and form part of domestic policies aimed at climate change mitigation and adaptation. Since RECs can be traded in secondary markets, this paper discusses issues raised by the nature of and the trade in RECs which can be of concern for the General Agreement on Trade in Services (GATS) and the multilateral regulation of trade in financial services, notably in the case where World Trade Organisation (WTO) Members undertook sweeping commitments in financial services which equally apply to trade in RECs.

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Duram, Leslie A. "Teaching a Social Science Course on Climate Change: Suggestions for Active Learning." Bulletin of the American Meteorological Society 102, no. 8 (August 2021): E1494—E1498. http://dx.doi.org/10.1175/bams-d-21-0035.1.

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AbstractPrevious research indicates the importance of interdisciplinary approaches when teaching about climate change. Specifically, social science perspectives allow students to understand the policy, economic, cultural, and personal influences that impact environmental change. This article describes one such college course that employed active-learning techniques. Course topics included community resilience, environmental education, historical knowledge timeline, climate justice, social vulnerability, youth action, science communication, hope versus despair, misinformation, and climate refugees. To unify these concepts, engaging activities were developed that specifically address relevant individual, local, state, national, and international climate resilience themes. Students assessed their personal climate footprint, explored social/cultural influences, wrote policy requests to relevant local/state government officials, studied national policy options, and learned about previous global initiatives. The course culminated in a mock global climate summit, which was modeled on a Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC). This final activity required each student to prepare a policy report and represent a nation in negotiating a multilateral climate agreement. It is accepted that climate change education must include physical data on the impacts of anthropogenic emissions. It is also essential that students appreciate the interdisciplinary nature of climate adaptations, become hopeful about addressing change, and gain skills necessary to engage as informed climate citizens.

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Widiatedja, I. Gusti Ngurah Parikesit. "ENVIRONMENTAL CONCERN UNDER INDONESIA’S PREFERENTIAL TRADE AGREEMENTS (PTAs)." Yustisia Jurnal Hukum 8, no. 2 (October 1, 2019): 186. http://dx.doi.org/10.20961/yustisia.v8i2.24594.

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<p>International trade has resulted positive impacts, such as alleviating poverty and increasing jobs. All countries then start concluding trade agreements multilaterally, regionally and bilaterally. The existence of preferential trade agreements is increasingly significant due to the deadlock of multilateral trade agreements. Although providing benefits, international trade has adversely affected environment. Some international treaties suggest how countries should include environmental concern in their PTAs. Unlike traditional PTAs, most of modern PTAs have incorporated environmental concern, reconciling the goal of trade liberalization and environmental protection. In Indonesia, there is a link between international trade and environmental harm. This article aims to show the existing Indonesia’s PTAs, analysing how Indonesia has put, and how it should put environmental concern in its PTAs. This article argues that only a few Indonesia’s PTAs have incorporated environmental concern in their provisions. Moreover, when they include environmental concern, there is no further elaboration on how this process should be undertaken. Compare to other existing PTAs, Indonesia should start incorporating environmental concern in its PTAs, and then allow the right of government to impose protective measure in order to preserve environment. </p>

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Drago, Divljak. "World trade organization and multilateral environmental agreements." Zbornik radova Pravnog fakulteta, Novi Sad 46, no. 3 (2012): 175–90. http://dx.doi.org/10.5937/zrpfns46-3067.

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Christen, Kris. "Reconciling trade pacts with multilateral environmental agreements." Environmental Science & Technology 34, no. 5 (March 2000): 107A—109A. http://dx.doi.org/10.1021/es003158s.

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Azizi, Dona, Frank Biermann, and Rakhyun E. Kim. "Policy Integration for Sustainable Development through Multilateral Environmental Agreements." Global Governance: A Review of Multilateralism and International Organizations 25, no. 3 (September 25, 2019): 445–75. http://dx.doi.org/10.1163/19426720-02503005.

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Abstract Over the past three decades, policy integration has become a key objective for guiding and harmonizing policies for sustainable development. Most recently, the 2015 Sustainable Development Goals have added new impetus to efforts of integrating competing objectives of environmental sustainability, social development, and economic growth, as well as of integrating issue-specific environmental policies on climate change and terrestrial and marine biodiversity. While multilateral environmental agreements are important international instruments for achieving sustainable development, there has been little focus so far on their contribution to policy integration. Covering the years from 2007 to 2016, this article presents an empirical analysis of sustainability policy integration (i.e., how multilateral environmental agreements integrate environmental, social, and economic issues in their decisions) and environmental policy integration (i.e., the outreach of multilateral environmental agreements to different environmental issue areas beyond their mandate). The analysis finds that multilateral environmental agreements have not moved toward further policy integration over the studied period. If policy and institutional coherence is a key global governance target in the post-2015 era, a concerted effort will be required to improve the extent of policy integration by multilateral environmental agreements.

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Efimtseva, T. V. "Some Approaches to Energy and Environmental Issues in the Legislation of Integration Associations (Example of the European Union and the Eurasian Economic Union)." Lex Russica, no. 8 (August 29, 2019): 164–78. http://dx.doi.org/10.17803/1729-5920.2019.153.8.164-178.

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At the present stage of the European Union development, energy policy is a strategy aimed at achieving the energy independence of the region and ensuring the energy security of all EU members. In this regard, it should be considered reasonable to transfer the issues of energy strategy development to the supranational bodies of the Union. At the same time, energy policy should be considered in close connection with the environmental policy of the European Union, as environmental protection is a topical issue in the European region. The result of cooperation between the countries of Europe is the implementation of such initiatives as the development of renewable energy sources, the production of alternative fuels, the introduction of «green taxes», the operation of a common system of environmental management and environmental audit, the action of a kind of system of environmental certification of products («eco-label»). Similar problems are faced by such an integration association as the Eurasian Economic Union. In this regard, the experience of the European Union should be taken into account when addressing energy and environmental issues in the framework of the common policy of the EAEU Member States. In particular, the paper justifies the necessity of concluding a multilateral agreement on the protection of the environment in the EAEU framework. Currently, the basis of scientific and technical cooperation of the EAEU Member States is the priority technological platforms, which are understood as objects of innovative infrastructure network, making it possible to ensure the integration of states, science and business to combine and concentrate the necessary resources in the most important areas of scientific and technological development of the Eurasian Economic Union, including in the fields of energy and environment.

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Muñoz, Miquel, Rachel Thrasher, and Adil Najam. "Measuring the Negotiation Burden of Multilateral Environmental Agreements." Global Environmental Politics 9, no. 4 (November 2009): 1–13. http://dx.doi.org/10.1162/glep.2009.9.4.1.

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The Global Environmental Governance (GEG) system has grown significantly since the 1992 United Nations Conference on Environment and Development in Rio de Janeiro. In this paper we analyze ten leading Multilateral Environmental Agreements (MEAs), reviewing various quantitative indicators (related to time, resources and commitment) to chart their evolution and to measure the “negotiation burden” that the burgeoning GEG system is imposing on states and secretariats. We find that these representative MEAs have not only grown in size but also have become busier over time, although there are indications that as the GEG system “matures,” it may also be stabilizing. Among other things, we find that the reported budget for these ten MEA secretariats has grown nine-fold in sixteen years, from US$ 8.18 million in 1992 to US$ 75.83 million in 2007. Counting only the most important of meetings, and using the number of meeting days as an indicator of the “negotiation load,” we find that the negotiation load for the leading MEAs has stabilized, averaging around 115 meeting days per year. Decisions also seem to plateau at about 185 per year.

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