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date: 14 December 2018

(p. 1057) Index

(p. 1057) Index

Aarhus Convention
access to information, guidelines for promotion of 691–2
application of 698
justice, access to 701
public participation, on 686
Compliance Committee, admission ofnon-state actors 41
adjudication see also dispute settlement
courts, by 109
administration
analysis of global governance as 64
different choices for 83
distributed 64, 72–5, 83
hybrid and private 64, 81–3
international 64, 75–9
network 64, 79–80
non-member states, measures against 78
administrative law concepts
accountability 66–7
delegation 65–6
deliberation and reason-giving 67–9
dynamic effects 69
general versus specific norms 70–1
air pollution
issues, treatment of 335
legislative activity 317–18
Long-Range Transboundary regime 10
major industrial accidents, from 321
regional concern, as 8
transboundary 9–10, 537
challenges 320
industrial 318–20
legislative activity 317–18
UNECE Protocols 406–7
Alps
Convention on Protection of 591
animals see also biological resources
extinct species 363–4
rights of 672
Antarctica
common area, as 560–1
common heritage ofmankind 563
ozone hole, discovery of 7
regulation 11
Treaty 561, 569–70
Protocol 16
anti-globalization
movement 283
atmosphere
climate change see climate change
concept 316–17
environmental challenges 316, 334–5
environmental regulatory instruments 173–4
management, discrete parts of 335
ozone layer depletion 312–7
pollution see air pollution
behaviour
changes
explaining 904–8
systems and strategies for inducing 910–17
effectiveness of rules in shaping 118
effects of agreement on 918
environmental, regimes affecting 917–18
failure to change, explaining 908–10
formal and informal approaches to 114, 118, 124
international environmental agreements influencing 921
biological diversity
biological resources, relationship with 366
conservation, ethical basis for 299
(p. 1058) Convention 121
common concern of mankind, diversity as 588
conservation, approaches to 367–74
ecosystems, protection of 589–90
LOSC, relationship with 138–40
procedural fairness, element of 660
value, notion of 367–70
definition 365
hotspots 382
indigenous peoples, link with 839–41
intrinsic value of 16
protection of 365, 392
biological resources
alien or invasive introductions, control of 385–7, 390
biodiversity, relationship with 366
conservation 371
habitat, protection of 380–3
harvest, regulation of 374–9
regimes for 374–87
science, role of 392
trade, regulation of 384–7
conserving, approaches to 367–74
definition 365–7
habitat
biodiversity hotspots 382
ecosystem, relationship with 380–1
meaning 380
protection 380–3
harvest, regulation of
direct threats, regulation of 388
genetic resources, of 378–9
species, of 374–8
species-specific agreements 375
legal regime, lack of comprehensiveness 391
managerial approaches to 370–4
marine species
agreements concerning 340–2, 371
threat to 366–7
maximum sustainable yield 372
number of 363–4
preservation 371
protection
concept of 370
preservation, conservation and management, agreements for 364–5
Ramsar Convention 371–2
Red List 363
regulatory measures
adoption of 387
array of 387
compliance 387–8
direct threats, against 388–9
indirect threats, against 390–1
renewable organisms 364
sustainable use 373
terrestrial species, number of 363–4
trade, regulation of
alien or invasive introductions 385–7, 390
CITES 384–5
direct threats, regulation of 389
eco-labelling 389
exploitation, control of 384–5
twenty-first century, in 391–3
value, notion of 367–70
wise use 372
World Heritage Convention 370, 280
Biosafety Protocol 414–15
business
diversity ofattitudes 810–11
international, visions of 808–10
international environmental law
behaviour, monitoring and enforcement 822–4
central actor in, as 808
cooperative projects 821–2
doctrinal theory 826–7
duties, targets of 811–16
international environmental regimes, role in 20
litigation 824–6
relationship with 808–9
roles in implementation of 821–6
soft regulation 815–16
transboundary environmental impact 809
transnational corporations see transnational corporations
Cartagena Protocol see Biosafety Protocol
chemicals see also hazardous substances
synthetic and naturally occurring 395
(p. 1059) climate change
differentiation of responses 329–30
flexibility mechanisms 330–2
global
regime 327–9
UN Framework Convention see UN Framework Convention
greenhouse gases 327
international responsibility to cooperate 566–7
Kyoto Protocol see Kyoto Protocol
private conduct, caused by 6
UN Framework Convention see UN Framework Convention
United States, attitude of 640
common areas
Antarctica 560–1
collaboration, need for 554
compliance and dispute settlement 570–2
conceptual development 557–61
high seas 558–60
institutions and processes 567–72
international community, role of 553–6
legal development ofregime 568–9
meaning 552, 557
outer space 560
protection, enforcement of 557
treaty-based law-making 569
treaty regimes 567–8
common but differentiated responsibilities
common concern, link to 566–7
concept of 40
equity, principles of 656–8
legal principle 441–2
ozone layer, protection of 117–18, 442
Montreal Protocol 567
Vienna Convention 117
Rio Declaration 117, 566
UN Framework Convention 118,442, 566
common concern of humankind
biological diversity as 588
climate change, as 329, 565–6
common but differentiated responsibilities, link to 566–7
compliance and dispute settlement 570–2
concept of 552–3
conceptual development 564–7
determination of 564–5
institutions and processes 567–72
international responsibility to cooperate 566–7
legal development of regime 568–9
multilateral agreements addressing 555
treaties, identification through 565–6
treaty regimes 567–8
treaty-based law-making 569
common heritage of mankind
Antarctica 563
compliance and dispute settlement 570–2
conceptual development 561–4
deep seabed, designation of 341
extension of concept 563–4, 587
institutions and processes 567–72
legal development of regime 568–9
meaning 552
moon as 563
newly independent states, concerns of 562
treaty-based law-making 569
treaty regimes 567–8
common interests
conception of 556
erga omnes effect of norms 555
global concerns ofhumanity 554
international community, of 553–6
compliance
assessing 897
evaluating 895
explaining 904–8
goals, achievement of 920
greatest possible degree of 23–4
industry inducing 823
international law, classical approach of 23
legitimacy as basis for 707
national implementation see national implementation
non-compliance 895, 908–10
non-compliance procedures
advantages of 1008
characteristics of 997–1000
committees 998–9
conventions with 998–1000
costs and benefits 1007–8
existing enforcement mechanisms, and 1005
Kyoto Protocol 999
legal issues 1005–7
(p. 1060) Montreal Protocol 324, 996–8
prevalence of 998
reasons for 1000–3
remedies 1002
roles for 1003
submissions 999
normative dimension 907
poorer nations, problems of 996
procedures, decision-making 765–7
types ofbehaviour 895
constructivism
epistemic communities, role of 794
international environmental regimes, threads in 217
international law, theory of 215–19
international system, description of 216
Liberalism, overlap with 218
regimes, role of 217
theories and perspectives 216
critical approaches
anti-globalization 281–4
development, critics of 275–80
environmental justice 285–8
exploration of 264
feminist 264–70 see also feminism
globalization 281–4
post-colonial 271–5
customary international law
constant law-making without legislator, as 463–5
exclusive economic zones, creation of 245
existence of 453
general principles and normative concepts, relationship with 461–2
harmless use ofterritory 452
importance of 450
influence of 245–6
informal institution, as 245
inherent weakness of 464
law-making in international environmental law
banality of 454–6
basic rules 450
opinio juris 452–3, 454
proof of existence 450–62
state practice 452, 454
technical legal and sociological issue 453
legal authority 454
social and political pressure, effect of 465
soft law, relationship with 458–60
treaties, relationship with 456–8
desertification
Convention to Combat 121, 383, 393
developing countries
common but differentiated responsibilities see common but differentiated responsibilities
concession to 117
environmental concerns 2
obligations of 970
pollution, burden of 641
technical and financial assistance see technical and financial assistance
transnational corporations in 810
development
alternatives to 278–80
critics of 275–80
dominant paradigms 276–7
post-development, and 276–7
studies, emergence of 276
sustainable see sustainable development
theory 276
discourses
administrative rationalism 54
definition 46–7
economic rationalism 54–5
environmental
classification 50
industrialism, differing from 48
mapping 47–50
survivalism see survivalism
green radicalism see green radicalism
inter-subjective understanding, as 45
international environmental affairs, pervading 62
liberal pragmatism 54
origins 47
paradigms distinguished 46
problem solving 54–6
(p. 1061) purpose of 46
relative importance of 60–1
dispute settlement
actors and levels, multiplication of 1052–4
central mechanism for international environmental law, lack of 932, 1054–5
clauses 1037
cluster litigation 1047–50
collective concern regimes 570–2
competing and parallel legal regimes 1050–2
contemporary, problems with 1045–54
customary law, violations of 1044
disharmonic clauses 1045–7
environmental, developments in 36
fragmentation 1047–50, 1055
individualized justice, provision of 648
inter-relationship of treaties 143–5
international environmental
agreements, outside 1042–3
international environmental
agreements, within 1059–42
justice, access to 693–6, 700–1
obligations of states 1038
distributive justice
burdens, in allocation of 649–52
international law, in 647–52
resources, in allocation of 647–9
ecological debt
concept of 274–5
ecosystems
adaptive management 581
conservation
legal challenges 580–1
new legal paradigm 581
definition 380–1, 576
direct protection of 583–4
dynamic system, as 579
explicit protection duties
aspirational 586
Biological Diversity Convention, under 589–90
CITES, under 590
Convention on Protection of the Alps, under 591
development of norms 586
environmental impact assessment 591–2
procedural 591–2
Ramsar Convention, under 589
state jurisdiction, beyond 586–7
state jurisdiction, within 587–91
World Heritage Convention, provisions of 590
habitat, relationship with 380–1
healthy, standard of 580
history ofconcept 578–82
indirect protection of 584, 595
international law, status in
explicit protection duties see explicit protection duties
national protection measures, reinforcement of 584–5
pollution reduction regimes, indirect protection from 584
protected, not 582
transboundary insults, direct object of protection from 583
undifferentiated components of national territory 582
intrinsic value of 16
marginal legal status 575–7
stability hypothesis 578
stewardship sovereignty
core principles 594–5
sources of 592–4
transnational, study and mapping 576
UN Millennium Ecosystem Assessment 575
Watercourses Convention, protection under 352–5
emissions trading
baseline data 994
development of 975
international system of 331
Kyoto Protocol see Kyoto Protocol
monitoring and verification 992–3
environmental damage see also environmental harm
liability for 167
transboundary, principles not to cause 439
(p. 1062) environmental decision-making
forms of 696
minimum standards 696–8
non-discrimination 696–8
public participation in see public participation
environmental ethics
constraint on 293
controversies 294
direct environment-regarding
animals, consideration of 296–7
foundational challenge 296–9
plants, consideration of 298
priorities, question of 299–300
ecocentric 294
homocentric 294
human character/ideal-regarding 300–1
human welfare-regarding 295
human-ideal regarding 294
impact ofactions, evaluating 292–3
inter-generational
arguments for 304–5
presumed claims 304
sustainable development 308–11
temporally remote tort 305–8
unborn, risks imposed on 305
issues of 294
meaning 292
people, among 300–4
environmental governance
accountability 66–7
administration
distributed 64, 72–5, 83
hybrid and private 64, 81–3
international 64, 75–9
network 64, 79–80
administrative law concepts
accountability 66–7
delegation 65–6
deliberation and reason-giving 67–9
dynamic effects 69
general versus specific norms 70–1
overview 71–2
structures 64
advancing debates 100–5
centralization
approaches favouring 89–100
presumption against 88–9
centralized systems, appropriate 86
comparative institutional analysis 100–1
delegation 65–6
deliberation and reason-giving 67–9
disaggregating 103
evolution 101–3
externalities 90–1
game theoretic approaches 91–2
general versus specific norms 70–1
global
administrative law, making 767–9
decision-making 760–7
flexible policy instruments 979
institutional framework 751–5
institutions involved in 750–1
normative development 755–60
optimizing 746–7
rules and standards, development of 756
harmonization of standards 95
incidence of 101–3
levels, volume and sophistication of 105
localized information, tasks relying on 103
multi-regime models 98–100
normative approaches to 88–100
North-South discourse 39
optimality, quest for 104–5
patterns, explanation and
justification of 87
polycentric 98–100
Prisoner's Dilemma 92–3, 237-8
public choice 97–8
race to the bottom 94–7
regional level, at 38
regional regimes 87
regulatory competition 94–7
scholarship addressing 106
standard arguments, underdeveloped 103
stringency 101–3
Tragedy of the Commons 93–4
trends in 86–8
environmental harm
civil liability regimes
adequacy of 1031
development of 1024–5, 1034
general, development of 1032–4
MEAs setting up 1030–1
(p. 1063) negotiation of 1032
nuclear 1025–7
oil pollution 1025, 1027–30
ultra-hazardous activities, in relation to 1024
concept 1014–15
transboundary
causation 1011
no-harm rule 9
prevention of 9
rule against 1013
environmental impact assessment
ecosystems, duty relating to 591–2
information requirements 168
legal rule 439–40
potential adverse effects, of 421
purpose of 420
sustainable development 635–7
environmental information
access to 689–92, 699
environmental justice
comparative and international
dimensions 287–8
origins of 285
principles of 285–6
environmental regulatory instruments
atmospheric regulation, for 173–4
characteristics and performance of 154–8
command and control regulation 150–1, 172–3
domestic context, choice in 158–61
domestic, to implement international agreements
choice of 168–9
command and control regulation 172–3
constraints on choice of 171–2
economic 173
information-based approaches 173
international agreements not
specifying 169–71
international specification of 171–2
specification of 168
uniformity 169
functional characteristics and performance, comparative analysis of
evolution of law 179–81
governance issues 178–9
positive theory 175–8
research 174
future research, agenda for 173–81
hybrid approaches 154, 160
incentives, providing 148
information-based approaches 152–4, 158, 173
international
consent to 164
decision rules 163
distinctive characteristics 161–8
domestic instruments to implement 168–73
environmental damage, liability for 167
environmental impacts, information
requirements 168
interactions between states, governing 165–8
pollution quota-trading programmes 167
state property rights in natural resources 166
structure 163–4
subsidy payments 166
trade measures 165
international context, choice in 161–73
quotas 157
subjects of regulation 148–9
tax and trading systems 156, 159
types of 148–54
environmental rights
animals, of 672
conceptual issues 679–80
content of 674–5
corresponding obligations, bearers of 673
different, relationship between 675–6
future generations as holders of 671
group 670
human rights case law, derivation from 677–8
identification, means of 677–8
inanimate objects, of 672
legal and moral 676–9
meaning 664
moral 667
rights-holders 669–72
value of 665–6
epistemic communities
characteristics 793
concept of 792–4
ecological
expertise 796
multilateral environmental governance 797–802
social component, adding 799
sustainability and governance, evolution of ideas of 805
treaties and regimes without input from 800–1
emergence, circumstances of 795
international environmental lawyers, and 802–5
networks, as 793
research programme, critiques of 794–5
role of 792
scholarship, intellectual history of 794–8
equity
distributive justice 647–52
equitable allocation
burdens, of 649–52
capacities, according to 655
common but differentiated responsibilities 656–8
entitlement, notions of 654
formal equality 654
historical responsibilities 656
needs, according to 655
principles for determining 653–8
resources, of 647–9
general rules, of 641
individualized justice, provision of 641
inter-generational
basis of 643
conservation of resources 14–15
normative quality 446
principles of 14
rights-holders 644
Stockholm Declaration 644
sustainable development 619–21
trust concept 643–4
international environmental law, gaining prominence in 652–3
international law, in 642, 645–52
intra-generational 642–3
just society, in 661–2
meanings of 640–5
principles, means of implementing 658–61
procedural and substantive dimensions 640
procedural rules 660–1
self-interest justification 662
sovereign equality, and 643–7
substantive rules 658–60
ethics
disputes among states 302
environmental see environmental ethics
inter-generational 292, 304–11
inter-national 292
moral minimalism 303
scope of 292
European Community see also European Union
Commission 856–9
EC Treaty, environmental provisions 855
environmental agenda 38
environmental policy 856
general rules, power to adopt 755
objectives 854
treaties, negotiation and conclusion of 854
European Union
democratic deficit debate 705
environmental experience, lessons from 873–5
environmental law
characteristics 860–6
command and control provisions 863
concepts and principles 866–9
development of 858–60
economic instruments 863–4
first action programme 858
implementation and enforcement 868–70
integration 864–5
legal basis, choice of 860–2
legislation 857
(p. 1065) legislative instruments 862
planning 865
private standard setting 864
rights in 867
sustainable development 866
environmental regime 86
EU Treaty 854
institutions and procedures 854–7
international actor, as 870–3
member states 855
monitoring and verification system 990–2
exclusive economic zones
creation of 245
feminism
critical approach 264–70
cultural 265
development and environment, engagement with 266–8
ecofeminism 265
impact of 264
international law, engagement with 268–70
liberal 265
post-colonial 266
radical 265
schools of thought 265–6
fisheries
agreements 340, 371
ecosystems 340
FAO, role of 340–2
harvest, regulation of 374–8
LOSC 341–2
managerial approaches 370–4
maximum sustainable yield 372
foreign investment
North-South debate 809
forests
common concern, as 565
protection of 383
formalism
compliance 108
concept of 109
criticism 116
formal, meanings 107–8
instrumentalism, tension with 112
international environmental law, in 113–14
law, meaning in 117
free trade agreements
effect of 126
freshwater resources
African agreements 359
Boundary Waters Treaty (US-Canada) 357
competitive uses, regulation of 118
European agreements 358–9
Great Lakes Agreement (US-Canada) 357-8
international organizations, contribution of 350
Mekong River Basin, sustainable development of 359–60
multilateral and bilateral agreements 357–60
oceans, linkages to regime for 360–1
UNGA resolutions 338, 349–9
watercourses see watercourses
genetic resources
controlled trade in 386
harvest, regulation of 378–9
value 379
genetically modified organisms
Biosafety Protocol 414–15
transboundary shipments of 167
transboundary transfer, threat from 387
global warming see climate change
scientific uncertainties 7
globalization
alternatives to 283–4
debate 281–2
definition 281
environment, and 282–3
governance
environmental see environmental governance
issues 750, 768
meaning 54
green radicalism
definition 58
impact of 59–60
nature of 50
origins of 58
(p. 1066) hazardous activities
civil liability regimes, development of 1024
transboundary damage, prevention of 537–40
hazardous processes
EEC Directive 409
industrial accidents see industrial accidents
potential risk 408–9
hazardous substances
effects of 396
environmental impact assessment 420–1
hazard identification and testing
European Union, in 400
OECD initiatives 400–1
question of 399
UN system, initiatives in 401–2
industrial processes, used in 399
information, access to 419–20
international trade in
Bamako Convention 412–13
Basel Convention 412–13
Cartagena Protocol 414–15
North-South issues 412
PIC Convention 413–14
regulatory approaches 411–12
overarching framework, lack of 421
pesticides
multilaterally agreed standards 404
release of 396
pollutant releases, regulation of
approaches to 405–6
land-based sources of marine pollution, multilateral agreements on 407–8
limitations 405
public policies, nature of 405
UNECE Protocols 406–7
production and use, conditions of
Global Environment Facility, role of 404
multilaterally agreed standards 404
regulatory authority setting out 403
Stockholm Convention 403–4
right to know 419–20
risk reducing 422
toxics
hard and soft law for regulating 397–9
multilaterally agreed standards 404
public policies for addressing 395–6
sources of 395–6
hazardous waste
international trade in
Bamako Convention 412–13
Basel Convention 412–13
North-South issues 412
regulatory approaches 411–12
transport and storage, issue of 115
high seas
common areas, as 558–60
human rights
different, relationship between 675–6
entitlement, designating 666
environment, relationship with 141–3
environmental protection through 15
environmental see environmental rights
fair trial, right to 700
group 670
healthy environment, right to 664, 667
justice, access to 693–6, 700–1
law-making, public participation in 687
legal and moral 676–9
morality, and 665
new, recognition of 668–9
relation with environment 664
rights-holders 669–72
scope of 667–9
value of 665–6
indigenous peoples
community rights and partnerships 838–9
displacement 832
distinctive claims, justification 834
exploitation 831–2
external self-determination, right to 848–50
international law, in
collective representation 836–7
conceptual issues 833–7
critical assumptions and distinctions 833–6
development of concept 830–3
role of 838–41
(p. 1067) international legal status 851
land and ecological knowledge 839–41
legal personality 841
meaning 830–1, 835
minorities, differing from 834–5
organizations, assertion in UN 838
political rights 842–5
recognition or protection 833–4
responsibilities 850–1
rights and environment 841–50
self-definition and participation 842–5
self-determination, external 848–50
substantive rights
distinctive languages, cultures and religions, practice of 845
intellectual and cultural property rights 847–8
land and environment, to 845–7
UN Commission on Human Rights, study by 832
way of life, protection of 830
industrial accidents
ECE Convention on Transboundary Effects 409–10
EEC Directive 409
good practice standards 410–11
potential risk 408–9
industrialism
environmental discourses differing from 48
environmentalism, effect of rise of 48
growth, dedication to 47
intellectual property rights
technical and financial assistance 955–7
interdependence
typology of 237–41
inter-generational equity, see equity
international development banks
decisions, challenging 694–5
technical and financial assistance see technical and financial asistance
international environmental agreements
assessment of effects 894–5
compliance see compliance
countries response to, differences in 919
dispute settlement within 1059–42
effects, assessing 898–9
goal achievement 898
influence of
actor behaviour, models of 901–4
analysis, level of 899
behaviour, on 905
behavioural change, systems and strategies for inducing 910–17
comparator, identifying 897–9
endogeneity, and 900
indicators of 896–7
other international organizations, relative to 920
states, on 906–7, 921
understanding 901–10
international context, characteristics of 919
judicial enforcement
analysis of cases 932
Montevideo Programme, judiciary recognized in 931
political organs, role ofcourt supplementary to 932
national implementation see national implementation
non-compliance 895, 908–10 see also compliance
number of 894
regulation
strategies of 913–17
systems of 912–13
regulatory, procedural or generative 911
international environmental law
actors
international institutions 18–19
interrelated dimensions 17
non-state 19–21
states 17–18
variety of 16–17
administrative decision-making, development through 479–83
anthropocentric outlook 2, 15, 141
central dispute settlement mechanism, lack of 932, 1054–5
challenge of global change, coping with 42
(p. 1068) codification of principles 38
common concerns 10–13
compliance see compliance
conceptual expansion 553
conflict, resolution of 128
critical approaches see critical approaches
developed countries, concerns of 2
discipline, development as 37–9
distinct field, as 5,24-5
duties, reconceptualizing in terms of 827
eco-centric approach 15
economic theory of
experimental perspective 243–5
payoffs, calculating 241–3
policy triumphs of 232–3
reasons for 234–5
emergence of 3
evolution of 179–81
periods of 30–1
rapidity of 30
Rio Conference 40–1
Stockholm Conference 33–4
formality, question of 113–14
global collective benefits, providing 11
important topics of 4–5
individual, role of 737
initial focus of 3
innovation in 30
institutions and organizations 236–7
interaction of treaties 138–40
interdependence, typology of 237–41
international law areas, relationship with 5–6
international relations, common agenda with
collaboration 221
compliance 225–7
form of commitment 224–5
participation 222–4
regime design 222
judicial enforcement
domestic law, interpretation of 934–5
examples of 935
jurisdiction 936
national 931–8
procedural issues 936–8
remedies 937–8
standing 936–7
lack of scientific knowledge, problem of 944–5
making and evolution of 495
modern era
beginning of 33–4
discipline, development as 37–9
dispute settlement 36
legal instruments 34
national law developments 36–7
treaty developments 35
motivation to join regime 11–12
national implementation see national implementation
non-governmental organizations, role of see non-governmental organizations
norm-creating process 455
normative development 21–3
other branches of international law, relationship with
applicable law 143–5
consequences of 145
dispute settlement 143–5
human rights 141–3
inter-relationship oftreaties 132–6
re-integration as tool ofintegration 128–32
sustainable development, concept of 131
WTO law 136–8
overarching objectives 575
political decision-making, development through 477–9
post-modern era 39–42
presuppositions, scrutiny of 289
problems, distinctive features of
dynamism 7–8
holistic approach to 8
interconnectedness 8
physical and technological basis 7
private conduct 6
scientific uncertainties 7
roots of 552
(p. 1069) rules and institutions, multiplication of 206
scope of 30, 126
societal charges, adapting to 25
specialization 4
standard model 72–3
state responsibility see state responsibility
state-centric approach 8–10
states as authors of 733–4
states, role of see state
technical and scientific expertise as means of accelerating and rationalizing development of 483–5
theoretical questions 206
traditional era 31–3
treaty systems, development through 468 see also treaties
uncontested principles of 1013
international environmental lawyers
epistemic communities and 802–5
networks of 38
international institutions
administrative law, making 767–9
decision-making
compliance procedures, in 765–7
power of 760
projects, in selection of 761–5
establishment of 33
global environmental governance, involved in 750–5
international environmental process, as actors in 18–19
non-governmental organizations
acting through 780–4
role of 778–80
normative development by 755–60
practices, monitoring and verification see monitoring and verification
technical and financial assistance see technical and financial assistance
international law
binding instruments, conclusion of 123
branches, relationship with international environmental law see international environmental law
collective or community aspirations, struggle with 572
critical scholars 110–11
empowering, constraining and compelling governments 126
formal and binding 123
formalism 108–12, 117
hierarchy 426
instrumentalism 111–12
interactions of states, regulating 8
international environmental law, relationship with 5–6
international legal system
actors, growing plurality of 736–8
regimes, growing plurality of 736–8
transformation of 736–45
participants in construction of 123
positivism 110
power politics, role distinct from 110
practical administration of 119
re-integration as tool of integration 128–32
regime theory 212–13
relations of sovereign states, governing 551
soft law see soft law
sources of law
legal doctrine, debate on 116–7, 120
state autonomy 112
state behaviour, shaping and constraining 232
state consent, issue of 119–20
states as makers of 551
traditional forms, normative development through 486–8
treaties see treaties
validity 111–12, 119
international relations theory
constructivism 215–19
empiricism 228
hostility to international law 207–8
institutionalism
response to realism, as 208–12
regimes, role of 209–10
(p. 1070) international environmental law, common agenda with
actor behaviour, models of 901–4
collaboration 221
compliance see compliance
form of commitment 224–5
participation 222–4
regime design 222
international environment law, exchange with 206
legalization, and 219–21
liberalism 213–15
regime theory
international law and 212–13
International Union for the Protection of Nature
establishment of 33
Kyoto Protocol
cap and trade system 233
clean development mechanism 75–8, 331, 629, 992–3
commitments 328
common but differentiated
responsibilities, principle of 118, 329–31, 566
Compliance Committee 999
compliance procedures 491, 571–2, 765, 767
emissions trading see emissions trading
enforcement 234, 260–1
flexibility mechanisms
eligibility requirements for 115
emission limitation commitments, and 330–2
monitoring and verification 992–3
negotiation and implementation 116
participation in 233
regulatory instruments 173–4
United States, rejection by 48, 640
Law of the Sea Convention see UN Law of the Sea Convenstion
legitimacy
bases of
democracy 715–16
expertise and effectiveness 718–21
participation and transparency 717–18
building 721–2
compliance, as basis for 707
concept of 706–10
empirical and normative dimensions 709
institutions, norm development by 758, 767
international environmental law, as growing issue in 712–14
international law, issue in 705–6
political authority, justification of 706
political theory, problem in 705
popular, determining 710
practical implications of 709
rational persuasion and power
contrasted 706–78
root of term 712
self-interest contrasted 708
theories, typology of 710–12
trust, developing 721–2
Liberalism
Constructivism, overlap with 218
international law, theory of 213–15
marine pollution
agreements, incentives for compliance with 918
land-based sources, from 348, 407–8
London Convention 345, 347, 416
LOSC 346
MARPOL 20, 255, 345–7
oil pollution, conventions 345–6
prevention, reduction and control of 558
regime for control of 521
regional approaches to 39, 348–9
strict regimes 347
vessel-based, regulation of 342–7
marine resources see also biological resources
exploitation 340–2
human fishing activities, impact of 342
living and non-living 340
management of 345
meaning 340
regimes for 340–2
regulation and management of 339
threats to 340
(p. 1071) monitoring and verification
access procedures and practices, changes in 983–4
advanced and flexible policies for 985–6
challenges of 987–93
domestic experiences 988–90
EU system 990–2
evolution of 977–87
high costs of 988–90
implementation committees 982–3
Kyoto Protocol, increasing use of 987–92
national reporting 978–81
practices in international institutions, importance of 975
recent trends 985–6
regime bodies, role of 983
reporting, better 982–5
Montreal Protocol
adjustment procedure 489
adoption of 7, 323
compliance procedures 766
developing countries
concession to 117
obligations of 970
Meeting of the Parties, role of 755–6
non-compliance procedure 324,996-7
ozone-depleting substances addressed by 323
participation, encouraging 326
pollutants, measurement of 324
precautionary nature of 324–5
national implementation
administrative 930–1
domestic constitutional legal orders, impact of 926–8
facilitation of 943–5
federal state, by 927
importance of 923
international environmental law, requirements imposed by 734, 938–41
judicial 931–8
legislative 929–30
meaning 924–6
mechanisms 925
review of 941–3
natural resources see also fisheries, freshwater resources, genetic resources
management 31
state property rights in 166
Neo-Liberal Institutionalism
Constructivism, inroads made by 218
games used by 211
interest-based explanations, reliance on 215
Prisoner s Dilemma 211, 237–41
Realism, as response to 208–12
regime design 222–6
regime theory 212–13
research agendas 210
Neo-Realism
concept of 207–8
influence of international institutions, failure to explain 209
non-discrimination
environmental context, in 696–8
non-governmental organizations
accreditation 691–2
business interests, representing 772, 817–8
civil society, as representative of 772
definition, elusive 772
environmental decision-making, participation in 682–5 see also public participation
environmental, role of 20–1
influence, of 774
international environmental conferences, participation in 733–4
international environmental law
decision-making, role in 773–5
making, influence on 776
participation in 737, 771–2
participation, future of 789–90
international institutions
acting through 780–4
role in 237, 778–80
justice, access to 693–6, 700–1
liberal theory, in 775–80
marketplace, acting through 784–9
Meetings of the Parties, attending 691
public, as representatives of 689
stakeholders, as 780–4
(p. 1072) standard setting, influence on 782–3
states, relationship with 741–2
transnational approach to 777–8
world stage, rise on 771
non-state actors see also business, epistemic communities, international institutions, non-governmental organizations, transnational corporations
Aarhus Convention Compliance Committee, admission to 41
decisions by international institutions, challenging 694–5
environmental decision-making, participation in 682–5 see also public participation
international environmental law, in 19–21
governing conduct of 714
international relations theory, role in 217–18
states, inter-linkages with 739–45
norms
binding 118–19
customary international law 127
development 21–3
general versus specific 70–1, 907
hierachy of
iuscogens 426
obligations erga omnes 426
influence of 107
informal 108
international environmental
Dworkin's typology 433–8
legal experts and scholars, diagnosed by 429–32
international institutions, development by 755–60
legal principles and legal rules distinguished 436, 447
legal status, uncertainity of 427–8, 438–9, 446–7
non-binding 119
obligations erga omnes
community interest 555
no harm rule 557
state responsibility, and 555–6, 1020–2
violations 555
secondary decision-making, development through 491–5
simplified amendment procedures, development through 488–90
terminology 427
traditional international law forms, development through 486–8
transnational corporations as prescribers of see transnational corporations
vague or specific 107
nuclear accidents
challenges of 321
nuclear energy
civil liability regime 1025–7
oceans
management of
dumping, regulation of 347
jurisdictional issues 343–4
land-based sources, pollution from 348, 407–8
regional approaches 348–9
vessel-based pollution, regulation of 344–7
marine pollution see marine pollution
marine resources see marine resources
UNGA resolutions 338
watercourses, linkages to regime for 360–1
oil pollution
civil liability regime 1025, 1027–30
conventions 345–6
MARPOL Convention 20, 255, 346–7
Organisation for Economic Cooperation and Development (OECD)
environmental agenda 38
network governance 79–80
hazardous substances, identification and screening 400–1
pollution prevention, Recommendation on 419
standard setting 505
outer space
common area, as 560
(p. 1073) environmental challenges 316, 334–5
equipment launched into 332
international environmental law, development of 334
meaning 317
Moon Treaty 333, 563
nuclear power sources, use of 334
Space Objects Liability Convention 333
Treaty 333
assessments 323
ozone layer
CFCs, effect of 312
depletion 312–7
location of 312
Montreal Protocol see Montreal Protocol
North-South issues 325–6
pollutants, measurement of 324
regime to protect 322–5
Vienna Convention 322
common but differentiated responsibilities, principle of 117
paradigm
concept of 45
discourses distinguished 46
inter-subjective understanding, as 45
Kuhnian meaning 45
natural sciences 45
policy analysis based on 47
pesticides
multilaterally agreed standards 404
release of 396
plants see also biological resources
alien or invasive introductions, control of 385–7, 390
pests, prevention ofspread of 386
species, challenges to 392
polluter pays principle
externalities, internalization of 656
legal status of 441
pollution
chicken games 239
coordination games 240
developing countries, burden on 641
environmental risk, proofof 130–1
hazardous substances see hazardous substances
marine see marine pollution
Nash equilibrium 238, 243–4
non-dilemma game 241
payoffs, calculating 241–3
prevention, integrated approaches to
Basel Convention 418–19
comprehensive approach 418
OECD Recommendation 419
Prisoner's Dilemma 237–8
quota-trading programmes 167
transboundary effects 115 see also transboundary impacts
post-colonial theory
civil society, approaches from 274–5
ecological debt, concept of 274–5
genealogy 271
increasing importance 271
international law, and 273–4
literary and other texts, focus on 272
precaution
essence of 116
legal concept, as 598
risk, strategy for addressing 598
sustainable development, and 631–2
precautionary principle
concept of precaution, codification of 599
customary rule, as 452
domestic law, in 599–600
evolution of 451
formulations of 452
future of 610–12
international environmental instruments, in 601
interpretation 130
legal status 440, 462, 601
Montreal Protocol 324–5
normative analysis 607–10
oceans, management of 348–9
versions of
burden of proof, shifting 606–7
key issues, diverging on 602–4
uncertainty does not justify inaction 604
uncertainty justifies action 605
(p. 1074) Prisoner's Dilemma
chicken games 239
economic concepts, illustrating 237–8
environmental governance 92–3, 237–8
Neo-Liberal Institutionalism 211
state behaviour, restraint of 237–8
public participation
Aarhus Convention 686
conceptual context 685–6
environmental decision-making, in
criticisms 688
endorsement of 686–8
environmental motives for 688
international norms, development of 682
non-state actors, increased involvement of 682–5
reasons for 686–8
regional context, in 698–700
related developments 682
indigenous peoples, by 842–5
information, access to 689–92
international human rights law, in 687
international rules, development of 702
justice, access to 693–6,700-1
legitimacy, as basis of 717–18
norms, development of 702–3
political context 682–5
Realism
concept of 207–8
ethics, and 302
Neo-Liberal Institutionalism as response to 208–12
regional economic integration associations
European Union see European Union
examples of 854
risk
strategies for 598, 602 see also precautionary principle
science
accelerating and rationalizing development of law 483–5
decision-making, impact on 201
early warning vehicle, as 183
impact, determining 191–3
international environmental regimes, role in
collective action 190–1
consensual knowledge 190
effectiveness, defining and explaining 184–5
impact, determining 191–3
policy-makers, reasons for importance to 189–92
relevant knowledge, supply of 190
neutral input, as 186
role of 185–7, 200–1
search for knowledge, as 183
technology, and 183
self-determination
external, right of indigenous peoples 848–50
right to 831
social learning
active 796
collective social change 797
development of regimes through 800
soft law
administrative decision-making, created by 481
binding, whether 122
common meaning 120–1
customary law, relationship with 458–60
examples of instruments 121
hard law, compared to 108
informal norms 108
instruments, obligations in 114
legal or non-legal 121, 446–7
national implementation of international environmental law, importance of 938–9
standard setting
common form of 499
harmonization 95
informal methods of 22–3
ISO, by 501–4
non-governmental organizations, influence of 782–3
standards
creation by states 499
incentives to adopt 499
(p. 1075) organizations, aimed at 499
private and quasi-private
adoption of 524
bodies creating 500–6
business partners and customers, demands of 513–16
compliance with 511–20
development process, participation in 511
disclosure initiatives 517–18
emergence of 500–1
enforcement, use in 519–20
environmental management system 508–9
European Community level, at 864
external drivers 500–1
flexibility 523
future of 526
initiatives, proliferation of 510–11
internal drivers 512–13
international environmental law, importance in 499–500
international public sector and private sector, cooperation between 505–6
ISO, created by 501–4
market dynamics, influence of 512–17
measurement and reporting 509–10
non-state environmental and social certification and labelling programmes 504–5
penalties for non-compliance 523–4
performance 506–7
precise tailoring 523
process and management systems 507–9
public policy challenges 522–3
public, relationship with 520–5
public sector use of 518–19
regulatory incentives 517–20
reputational incentives 516–17
technical specifications 506–7
transnational corporations, role of 819–21
types of 506–11
voluntary 511
public
management systems, standardization of 522
private, relationship with 520–5
push to create 525
setting see standard setting
state
consent, traditional notion of 759
environmental responsibility 729
interests of 12
international environmental governance, role in 17–18, 746–7
international environmental law
addressees of 734–5
authors of 733–4
guardians of 735
international environmental regime, motivation to join 11–12
international institutions, use of 741
international legal system, transformation of 736–45
modern public international law, most important subject of 728
non-governmental organizations, relationship with 741–2
unimpaired freedom ofaction, Westphalian myth of 729–32
state responsibility
civil liability regimes
adequacy of 1031
development of 1024–5, 1034
general, development of 1032–4
MEAs setting up 1030–1
negotiation of 1032
nuclear 1025–7
oil pollution 1025, 1027–30
ultra-hazardous activities, in relation to 1012, 1024
compliance procedures, shift to 1012
environmental context, in 740
environmental obligations,
erga omnes 555-6, 1020–2
erga omnes partes 556, 1021
general framework of 1015–16
ILC, work of
codified regime 1011
collective interest standing 555–6, 1020–2
(p. 1076) introduction to 1016
main elements ofapproach 1017
primary and secondary rules 1011
primary rules of state liability 1022–4
reparation, system of 1018–20
lack of effectiveness 1034
primary rules
due diligence 1014
evolution 1013
harm, concept of 1014–5
strict/absolute liability standard 1014
state liability
primary rules, development of 1022–4
relationship with 1022
state sovereignty
characteristics of 730
territorial, concept of 729
Westphalian, concept of 729–32
statehood
characteristics of 730
contemporary 732–6
stewardship sovereignty
core principles 594–5
jurisprudential traditions 593
sources of 592–4
survivalism
limited impact of 51
limits, idea of 52–3
nature of 49
population biology, and 51
Promethean opposite 51–4
sustainable development
Brundtland Commission, use of term by 615
concept of 275–6, 443–5
core elements 620
definition 618–22
economic development, reconciled with 131
EU environmental law 866
Founex Report 614
function 622–8
future generations, for 14–15
global environmental policies, as
contentious issue in 56–8
dominant discourse in 49
impact of 57–8, 131
instruments, use of term in 615–16
integration of environmental concerns into development assistance, role in 948
inter-generational dimension 40
inter-generational equity 619–21,642-3
inter-generational ethics 308–11
international agreements, status in 622–3
Johannesburg World Summit 3, 57, 521–2, 617
legal status 462, 622–8
Mekong River Basin, agreement for 359–60
municipal law, status in 627
natural resources, use of 629
normative quality 443–4
origin and evolution of 614–18
post-development perspective 277–8
principles of international environmental law, implications for
equity and duty to cooperate 630–1, 637
integration 628–30
precaution 631–2
stewardship sovereignty, and 593
tools of international environmental law, implications for
access to justice 633–5
accounting techniques 635–7
education 633
impact assessment 635–7
international community, concern of 637
nature of 632–3
public participation 633–5
transparency 633–5
UN Millennium Declaration 617
UNCED, adoption as paradigm by 56, 275–6, 615
welfare and preservationist models critiqued 310–11
welfare-transfer constraint, as 308–9
World Trade Organization, aim of 616
technical and financial assistance
developed countries, by 948–9
developing countries, compensating 972
financial mechanisms
(p. 1077) eligibility criteria 965
establishment of 961–2
first generation 962
legal structure, as part of 969–71
mandatory commitments 969
second generation 963–6
shared responsibilities 970
sui generis 966-9
trust funds 961
functions of 949
global public goods, provision of 959–61, 970
important role of 948,972
intellectual property rights 955–7
international finance facility, proposed 950–2
international institutions
greening of development aid by 952–3
role of 948
national experts, training 958
nature and aim of
changing 959–61
tradition 957–8
non-governmental sector, role of 953–4
official development assistance 949, 950–2
private sector, role of 953–4,972
technology transfer 955–7
types and sources of 950–7
technology
accelerating and rationalizing development of law 483–5
cure for environmental problems, as 183
development cycle, stages in 187
domestic policy instruments, effect of change on 198–200
effectiveness, defining and explaining 184–5
environmental policy, and
effectiveness, enhancing 184, 201–2
role in 187–9
intellectual property rights, and transfer of 955–57
international bodies for advice on 188
international environmental regimes, change affecting
ban on activities or products 196
commitments indirectly affecting 196–8
cooperation, diffusion and transfer 198
information disclosure and transparency 198
performance commitments 197
specifications, use of 195–6
international environmental regimes, in 194–200
national environmental policy, in 194–200
role of 185–7
science, and 183
transboundary impacts
air pollution 537
concept as cornerstone of international environmental law 548
concept of 532
due diligence 538
emergency situations, notification in 542
information and justice, right to access to 543
institutionalization of impact management 546–8
international responsibility and liability for 544–6
management structures, international 546–8
no significant harm rule 534–5
obligation to prevent 538–40
procedural implications 540–4
procedural obligations 540–4
prohibited, definition 535–8
redress and compensation 545
rules governing 533–5
significant harm
causing 535
prohibition, legal status 439, 535
treaty regimes 532
transnational corporations
behaviour, monitoring and enforcement 822–4
civil liability conventions, duties in 813–14
cooperative projects 821–2
developing countries, in 810
duties, legal 811–16
international environmental treaties, under 814–5
(p. 1078) international environmental relations, role in 742
litigation involving 824–6
norms, as prescribers of
global standards 816
governments, interaction with 816–17
international venues, independent participation in 817–19
private codes, through 819–21
soft regulation 815–16
threat to environment, as 809
transboundary environmental impact 809
treaties
asymmetric countries 258–9
bodies see treaty bodies
common concern of humankind, identification of 565–6
compensating payments under 259–60
compliance see compliance
congestion 39
conservation ethics, emergence of 33
custom
relationship with 456–8
shaped by 245
design 35
theory of 246–60
dispute settlement 36, 1039–42
environmental
modern era, in 35
post-Rio 40
UNEP, initiated by 34
environmental treaty systems
amendment procedures, normative development through 488–90
administrative decision-making, development oflaw through 479–83
constitutionalization 473–5
decision-making 470
formation of 469–73
fragmentation 475–6
important, list of 468–9
internal sanctioning instruments 494
international organization, initiation within 471–3
issues addressed by 468
issues and actors, delimitation of 471
legal structure 485–95
origin 470
policy-making dimension 476–85
political decision-making, development of law through 477–9
problem-solving processes, intergovernmental bargaining transformed into 496
secondary decision-making, normative development through 491–5
substantive regulations, facilitating 468
formal institutions, as 245
green policies, emergence of 32
interpretation using rules ofinternational
environmental law 128–32
inter-relationship of 132–6
law-making regimes 21–3
material breaches of 1002
narrow and deep versus broad and shallow 252–3
national implementation see national implementation
participation 247–8
minimum 248–9
successive, relationship of 134–5
tipping 254–6
trade restrictions in 256–8
unenforceability of 136
treaty bodies
conference of the parties
administrative decision-making 76, 480–1, 760–5
disagreements as to powers of 888
external level, competence at 885–8
governing MEA, powers set out in 882
internal level, competence at 880–1
international organizations, compared to 878, 885–6
interpretation ofMEAs 884
normative development 485–95, 755–7
parties in 879–80
soft law measures, adopting 884
substantive decision-making by 881–5
establishment, trend to 888
(p. 1079) increasing powers 889
international cooperation, as form of 878
meeting ofthe parties 76, 480, 491–2
secretariat 880
structure and functions 879–80
subsidiary bodies 879
UN Charter
environmental protection, not listing as purpose 2
UN Framework Convention on Climate Change
adoption of 328
key principles 123, 328
Kyoto Protocol see Kyoto Protocol
participation clause 928
sustainable development, use of term 616
ultimate objective 720
verification process 982
UN Law of the Sea Convention
adoption of 338
Biological Diversity Convention, interaction with 138–40
common heritage of mankind, seabed and its resources being 341, 562
deep sea trawl fishing, inability to regulate 341
dispute settlement 143–4,571
environmental norms 127
high seas, protection of 558–60
marine environment rules, codification of 39
precautionary principle 130
priority of 135
scope ofregime 339
straddling and highly migratory fish stocks, inability to regulate 342
Watercourses Convention compared 361
WTO law, relationship with 137
UNECE Convention on Access to information, Public Participation in Decision-Making and Access to Justice in Environmental Matters see Aarhus Convention
United Nations
Global Compact 742–3
hazardous substances, identification and
screening 401–2
international environmental process, as
actor in 18
Millennium Declaration 617
Millennium Development Goals Report 618
Millennium Ecosystem Assessment 575
specialized agencies 741
World Summit Outcome 618
United Nations Environment Programme
conventions and protocols initiated by 34
establishment of 2–3
establishment of 34
implementation capacity, lack of 54
role of 34
waste
hazardous see hazardous waste
toxic
disposal of 415–17
IAEA agreements and standards 417
London Convention 416
watercourses
Berlin Rules 355
Convention
adoption of 338, 349–50
aim of 350
contribution of 354
ecosystems, protection of 588–9
ecosystems, protection, preservation and management of 352–5
environmental provisions 351–5
equitable utilization, principle of 351–2
LOSC compared 361
no-harm rule 351–2
non-discrimination principle 696
prohibited harm approach 537
sustainable development, taking account of 131–2
international, management of 537
oceans, separate regime for 360–1
transboundary impact, definition 356
transboundary impacts, management of 547
treaties and conventions 350
UNECE Convention 355–7
(p. 1080) whales
conservation of 16
property rights in 55
whaling
commercial, issue of 61
environmental ethics 292–5
inter-generational equity 644–5
World Bank
environmental policies 797
international environmental governance, role in 754, 757
review procedure 695
World Charter for Nature 15
World Conservation Union
establishment of 33
World Organization for Animal Health
international administration 77–8
World Social Forum
work of 284
World Trade Organization
Agreement, reference to sustainable development 127
GATT Agreement, interpretation of terms in 129
international environmental law, relationship oflaw with 136–8
plurilateral agreement on government procurement 81
priority ofrules 134
sustainable development, aim of 616