Non-Compliance Procedures and Mechanisms and the Effectiveness of International Environmental Agreements de Tullio Treves

Non-Compliance Procedures and Mechanisms and the Effectiveness of International Environmental Agreements

Tullio Treves

Attila Tanzi

Cesare Pitea

Chiara Ragni

Laura Pineschi

Traditional means of international dispute settlement have proved to be largely ineffective in ensuring the effectiveness of international environmental law. Thus, states are increasingly creating regime-specific systems to control, facilitate and assist the implementation of and compliance with each multilateral environmental agreement.
By bringing together the perspectives of scholars, negotiators and practitioners, this book provides a comprehensive and in-depth analysis of the most advanced of these systems, the so-called “non-compliance mechanisms”, in which a specialized treaty body is entrusted with the task of examining cases of non-compliance by State parties.
Included are descriptions of each mechanism and an analysis of cross-cutting issues. It also explains how these systems relate to relevant concepts and mechanisms of general international law and, for the first time, of European Union law.
The book is a valuable source of information and recommended reading for academics, practitioners, civil servants, NGOs and all those interested in public international law, EC law and environmental law.
Tullio Treves is a Judge at the International Tribunal for the Law of the Sea and Professor of International Law at the University of Milan; Laura Pineschi is Professor of International Law at the University of Parma; Attila Tanzi is Professor of International Law at the University of Bologna and Chairperson of the Compliance Committee of the Protocol on Water and Health; Cesare Pitea is Aggregate Professor of International and European Law at the University of Parma; Chiara Ragni is a Senior Researcher in International Law at the University of Milan; and Francesca Romanin Jacur is a Post-doc Researcher in International Law at the University of Milan and Legal Adviser to the Italian Ministry of the Environment, Land and Sea in a project of the University of Siena.

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Non-Compliance Procedures and Mechanisms and the Effectiveness of International Environmental Agreements Editors Tullio Treves, Laura Pineschi, Attila Tanzi, Cesare Pitea, Chiara Ragni, Francesca Romanin Jacur A project of the Universities of Milan, Bologna and Parma co-? nanced by the Italian Ministry of University and Research T. M. C. ASSER PRESS The Hague Foreword iv Published by T. M. C. ASSER PRESS P. O. Box 16163, 2500 BD The Hague, The Netherlands T. M. C. ASSER PRESS’ English language books are distributed exclusively by Cambridge University Press, The Edinburgh Building, Shaftesbury Road, Cambridge CB2 2RU, UK, or, for customers in the USA, Canada and Mexico: Cambridge University Press, 100 Brook Hill Drive, West Nyack, NY 10994-2133, USA The publication of this book was supported by the ? nancial contribution of the Italian Ministry of University and Research (MIUR) and of the Universities of Milano, Bologna and Parma, within the framework of a research project of national interest (PRIN 2005, n. 2005124407). ISBN 978-90-6704-273-4 All rights reserved. © 2009, T. M. C. Asser Press, The Hague, The Netherlands, and the Authors This publication is protected by international copyright law. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior wr- ten permission of the copyright owners.

Cuprins

Non-Compliance Procedures and Mechanisms in Environmental Agreements Universal Treaties.- The Non-Compliance Procedure of the 1987 Montreal Protocol to the 1985 Vienna Convention on Substances that Deplete the Ozone Layer.- Mechanism for Promoting Implementation and Compliance with the 1989 Basel Convention on the Transboundary Movements of Hazardous Wastes and Their Disposal.- The Compliance Procedures and Mechanisms of the 1996 Protocol to the 1972 London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter.- Procedures and Mechanisms Relating to Compliance under the 1997 Kyoto Protocol to the 1992 United Nations Framework Convention on Climate Change.- Draft Procedures and Mechanisms on Compliance with the 1998 Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade.- Procedures and Mechanisms on Compliance under the 2000 Cartagena Protocol on Biosafety to the 1992 Convention on Biological Diversity.- Draft Non-Compliance Procedure under the 2001 Stockholm Convention on Persistent Organic Pollutants.- Draft Procedures and Operational Mechanisms to Promote Compliance and to Address Issues of Non-Compliance under the 2001 International Treaty on Plant and Genetic Resources for Food and Agriculture.- Non-Compliance Procedures and Mechanisms in Environmental Agreements Regional Treaties.- Procedures and Mechanisms on Compliance under the 1976/1995 Barcelona Convention on the Protection of the Mediterranean Sea and its Protocols.- Procedures and Mechanisms for Review of Compliance under the 1979 Long-Range Transboundary Air Pollution Convention and its Protocols.- Procedures and Mechanisms for Review of Compliance under the 1991 Espoo Convention on Environmental Impact Assessment in a Transboundary Context and its 2003 Protocol on Strategic Environmental Assessment.- The Compliance Mechanism of the 1991 Convention on the Protection of the Alps and its Protocols.- Procedures and Mechanisms for Review of Compliance under the 1998 Aarhus Convention on Access to Information, Public Participation and Access to Justice in Environmental Matters.- Procedures and Mechanisms for Review of Compliance under the 1999 Protocol on Water and Health to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes.- Procedures and Mechanisms for Review of Compliance under the 2003 Protocol on Pollutant Release and Transfer Registers to the 1998 Aarhus Convention.- Selected Studies on Practice.- The Compliance Mechanisms of the Aarhus Convention and the Cartagena Protocol on Biosafety: A Comparative Analysis of the Negotiation Histories and their Outcomes.- The Practice of the Compliance Committee under the Kyoto Protocol to the United Nations Framework Convention on Climate Change (2006–2007).- Practice and Relevant Cases that Emerged in the Context of the Espoo Convention Implementation Committee.- In Search of New Ways to Ensure Effective Compliance with Environmental Procedures and Policies: The Experience of the European Bank for Reconstruction and Development with its Internal Recourse Mechanism.- Institutional and Procedural Aspects.- Structural and Institutional Aspects of Non-Compliance Mechanisms.- Triggering Non-Compliance Procedures.- Procedural Guarantees in Non-Compliance Mechanisms.- The Outcomes of the Procedure and their Legal Effects.- Controlling and Assisting Compliance: Financial Aspects.- Multiplication and Overlap of Non-Compliance Procedures and Mechanisms: Towards Better Coordination?.- Non-Compliance Mechanisms and International Law.- Non-Compliance Procedures and the Law of Treaties.- Non-Compliance Procedures and the Law of State Responsibility.- The Settlement of Disputes and Non-Compliance Procedures.- Non-Compliance Mechanisms and European Union Law.- Non-Compliance Procedures in Multilateral Environmental Agreements: The Interaction between International Law and European Union Law.- The Policy and Practice of the European Union on Compliance Mechanisms under Multilateral Environmental Agreements.- Obligations of the European Community and its Member States under the Kyoto Protocol.- Conclusions.- Non-Compliance Mechanisms: Lessons Learned and the Way Forward.