International Environmental Law: A Case Study Analysis

Description

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