In This Article Multilateral Environmental Agreements

  • Introduction
  • General Overviews and Textbooks
  • Journals and Yearbooks
  • Reference Works
  • History
  • Biodiversity Conservation
  • Watercourses Management
  • Polar Areas
  • Hazardous Materials and Activities
  • Duty to Cooperate

International Law Multilateral Environmental Agreements
by
Ole Kristian Fauchald
  • LAST MODIFIED: 23 March 2012
  • DOI: 10.1093/obo/9780199796953-0042

Introduction

Although multilateral agreements to protect environmental goods have existed for more than a century, the development of multilateral environmental agreements (MEAs) as we know them in the 21st century is a recent phenomenon stretching back approximately four to five decades. The selections in this bibliography focus on global MEAs. They provide references to literature on regional MEAs in fields where such treaties are particularly important. There is no generally accepted definition of MEAs. This bibliography builds on a rather broad definition, including treaties that at least partly aim to protect the environment. Some fields of international law have been extensively discussed in relation to MEAs. Literature on the relationships between MEAs and human rights, trade, and investment has been included in the following sections. The UN Environment Programme is the main UN organ responsible for the environment and has initiated negotiations of core MEAs. In addition, many specialized agencies and other organs of the United Nations have initiated MEAs and act as hosts to the institutional structures established through MEAs. The following sections are not categorized according to the institutional affiliation of MEAs. They also do not specifically focus on customary international environmental law (IEL). But there are close links between customary law and MEAs. For example, there have been significant efforts to codify customary IEL within some areas, particularly in state responsibility and the duty to cooperate to prevent environmental harm. The most significant elements of customary IEL fall within the scope of this bibliography. MEAs can be described, examined, and analyzed from a broad range of perspectives. The main perspective of this bibliography is international law. In addition, important contributions from other social sciences, in particular political science, have been referenced. Given the fragmented nature of IEL and the numerous MEAs, we can only include a few references for each topic. Consequently, the following citations will almost exclusively refer to monographs and edited books. Articles or publications written by treaty bodies, host institutions, nongovernmental organizations, or states are only referenced in exceptional cases. Moreover, as IEL is a young field of law, substantive and procedural rules are still evolving in many areas. Consequently, the following citations focus on recent and updated literature in most areas. For practical purposes, they have generally been limited to literature in English.

General Overviews and Textbooks

Multilateral environmental agreements (MEAs) are addressed in textbooks on international environmental law (IEL). Such textbooks are a fairly recent phenomenon. Given the ad hoc and fragmented character of MEAs, textbooks and overviews differ significantly in their scope and approaches. Birnie, et al. 2009, a long-standing and broadly recognized textbook, shows how difficult it is to cover all relevant issues within a limited format—the book has grown significantly with each of the three editions that have been published thus far. Kiss and Shelton 2007 provides an overview of the main rules of a fairly limited range of MEAs. Despite claiming to present IEL in a “nutshell,” Guruswamy 2007 takes a broad and thorough approach to the topic. Sands 2003 covers the same topics in an extensive publication but has a stronger focus on the content and function of principles. Worthwhile supplements to these monographs are the Bodansky, et al. 2007 and Fitzmaurice, et al. 2010 edited volumes. These volumes comprise contributions from a broad range of experts, a format that provides for a challenging overview of IEL from a multitude of perspectives. Although still being based mainly in international law approaches, some textbooks more actively refer to other social sciences. Bodansky 2009 focuses on actors and processes in order to explain how and why MEAs have been established. Leary and Pisupati 2010 features an examination of the successes and failures of IEL by a number of experts in order to provide a basis for discussing its future.

  • Birnie, Patricia, Alan E. Boyle, and Catherine Redgwell. International Law & the Environment. 3d ed. Oxford: Oxford University Press, 2009.

    E-mail Citation »

    A standard textbook covering all major areas of IEL for advanced courses authored by three (originally two) well-recognized authors with distinct backgrounds.

    Find this resource:

    • Bodansky, Daniel. The Art and Craft of International Environmental Law. Cambridge, MA: Harvard University Press, 2009.

      E-mail Citation »

      Building on experience he gained in international negotiations, as a member of negotiation teams from the United States, the author explains the forces, actors, and processes that determine how MEAs are developed and implemented to a broad audience.

      Find this resource:

      • Bodansky, Daniel, Jutta Brunnée, and Ellen Hey, eds. The Oxford Handbook of International Environmental Law. Oxford: Oxford University Press, 2007.

        E-mail Citation »

        In forty-seven chapters authored by specialists of diverse backgrounds, this handbook provides multifaceted introductions to the various topics of IEL. It will be of the most interest to those already somewhat familiar with IEL.

        Find this resource:

        • Fitzmaurice, Malgosia, David M. Ong, and Panos Merkouris, eds. Research Handbook on International Environmental Law. Cheltenham, UK: Edward Elgar, 2010.

          E-mail Citation »

          Composed of thirty contributions from mainly legal experts, this handbook provides in-depth studies of a broad range of general and specific topics related to IEL. Its focus on specific MEAs is limited.

          Find this resource:

          • Guruswamy, Lakshman D., and Brent R. Hendricks. International Environmental Law in a Nutshell. 3d ed. St. Paul, MN: West, 2007.

            E-mail Citation »

            The fact that a “nutshell” presentation of IEL runs at more than seven hundred pages is a sign that this book goes beyond the nutshell format, providing an interdisciplinary “socioscientific” introduction to the topic.

            Find this resource:

            • Kiss, Alexandre Charles, and Dinah Shelton. Guide to International Environmental Law. Leiden, The Netherlands, and Boston: Martinus Nijhoff, 2007.

              E-mail Citation »

              A brief overview of IEL that is useful to undergraduate students or students from other disciplines than law; it is based on an earlier, more in-depth textbook by the same distinguished authors.

              Find this resource:

              • Leary, David, and Balakrishna Pisupati, eds. The Future of International Environmental Law. Tokyo: United Nations University Press, 2010.

                E-mail Citation »

                The collection includes various analyses of cases demonstrating successes and failures on a broad range of topics in IEL. On this basis, the editors argue that successful responses to environmental challenges will depend more on good environmental governance than on further development of MEAs.

                Find this resource:

                • Sands, Philippe. Principles of International Environmental Law. 2d ed. Cambridge, UK: Cambridge University Press, 2003.

                  E-mail Citation »

                  Despite its title, this volume is written in a textbook format, covering all relevant areas of IEL. Written by a highly esteemed lecturer and professor.

                  Find this resource:

                  Journals and Yearbooks

                  A broad range of journals and yearbooks whose main focus is multilateral environmental agreements (MEAs) have now been published. Some publications have disappeared, in many cases as a consequence of the availability of new information channels. Some institutions using Internet-based publications have been successful in establishing widely used sources of reliable information, such as the Canada-based International Institute for Sustainable Development and the Geneva-based International Centre for Trade and Sustainable Development. Among the specialized yearbooks that have been established, the Yearbook of International Environmental Law remains the primary text, and the publishers have made most of its volumes available online for its subscribers. A number of law and political-science journals publish articles concerning MEAs, including general law and political-science journals and journals focusing on national environmental issues, but few have MEAs as their main focus. One possible reason for this is that many authors may prefer to publish their contributions in publications with a broad audience. Among the peer-reviewed journals in which MEAs have particular relevance are the Review of European Community & International Environmental Law and the Journal of Environmental Law. MEAs are also focused on in the journals Global Environmental Politics and International Environmental Agreements: Politics, Law and Economics, as well as the Carbon & Climate Law Review. A veteran publication in the field of international environmental law (IEL) is the student-run Georgetown International Environmental Law Review.

                  • Carbon & Climate Law Review: A Journal of Climate Regulation and the Carbon Market. 2007–.

                    E-mail Citation »

                    A recent addition to the range of periodicals in the field of IEL, this interdisciplinary journal is market oriented and emphasizes keeping its readers updated.

                    Find this resource:

                    • Georgetown International Environmental Law Review. 1988–.

                      E-mail Citation »

                      This US-based, student-run journal is a veteran in the field. The journal regularly organizes and publishes results from symposia.

                      Find this resource:

                      • Global Environmental Politics. 2001–.

                        E-mail Citation »

                        This high-ranking journal mainly publishes contributions that have a political science approach but accepts publications from a broad range of social sciences. Each issue contains research articles and shorter forum articles, and each volume contains one thematic issue organized by a guest editor.

                        Find this resource:

                        • IISD Reporting Services.

                          E-mail Citation »

                          Since the Rio Conference held by the United Nations in 1992, the International Institute for Sustainable Development (IISD) has provided news, information, and analyses on the negotiations and policy developments of MEAs. The institute’s main publications of interest are Earth Negotiations Bulletin, which features brief notes and summaries published in the context of negotiations of MEAs; Linkages Update, a biweekly electronic newsletter on issues of IEL; and MEA Bulletin, a newsletter published in cooperation with the UN Environment Programme.

                          Find this resource:

                          • International Centre for Trade and Sustainable Development.

                            E-mail Citation »

                            The International Centre for Trade and Sustainable Development offers a variety of mainly electronic periodicals on trade and sustainable development, published in six languages. Of particular interest are Trade and Sustainable Development Review and Bridges Trade BioRes Review, both published quarterly.

                            Find this resource:

                            • International Environmental Agreements: Politics, Law and Economics. 2001–.

                              E-mail Citation »

                              This recent addition to the journals on IEL focuses specifically on MEAs as well as less formal cooperative arrangements, mainly publishing contributions from political scientists.

                              Find this resource:

                              • Journal of Environmental Law. 1989–.

                                E-mail Citation »

                                Covering domestic, European, and international environmental law, this journal frequently provides integrated and contextual analyses of MEAs. Every volume publishes one environmental law lecture as well as case summaries.

                                Find this resource:

                                • Review of European Community & International Environmental Law. 1992–.

                                  E-mail Citation »

                                  Founded in 1992 after the UN Rio Conference, this European-based journal focuses on making updated information available to a broad audience and contains a good book review section. The articles section contains brief papers on a common theme as well as articles on other relevant topics.

                                  Find this resource:

                                  • Yearbook of International Environmental Law. 1990–.

                                    E-mail Citation »

                                    This long-running yearbook represents a joint undertaking by a broad group of academics and practitioners who contribute to the extensive yearly overviews of international and domestic events of relevance to IEL. The editors request papers on an issue of relevance to the year under review.

                                    Find this resource:

                                    Reference Works

                                    The reference works in this section include “casebooks” intended for those studying international environmental law (IEL) and handbooks for practitioners and others working with IEL. Casebooks originate in the teaching tradition of the United States and have subsequently been used for courses in many other countries. The two most prominent ones are Hunter, et al. 2007, and Weiss, et al. 2006. The handbooks may be more or less specialized. Among the general handbooks is Bethlehem, et al. 1999–2007, comprising five volumes that include summaries and excerpts of case law. The UN Economic Programme (UNEP) published a series of three manuals in 2006–2007 aimed at public servants and nongovernmental organizations dealing with international environmental issues. In addition, Timoshenko 2003 is a handbook for those involved in negotiations of multilateral environmental agreements (MEAs), authored by a veteran in the field.

                                    • Bethlehem, Daniel, James Crawford, Philippe Sands, and Cairo A. R. Robb, eds. International Environmental Law Reports. 5 vols. Cambridge, UK: Cambridge University Press, 1999–2007.

                                      E-mail Citation »

                                      This set of reports includes the following five volumes: Early Decisions, edited by Cairo A. R. Robb; Trade and Environment, edited by Cairo A. R. Robb; Human Rights and Environment, edited by Cairo A. R. Robb; International Environmental Law in National Courts, edited by Alice Palmer and Cairo A. R. Robb; and International Environmental Law in International Tribunals, edited by Karen Lee.

                                      Find this resource:

                                      • Hunter, David, James Salzman, and Durwood Zaelke. International Environmental Law and Policy. 3d ed. New York: Foundation press, 2007.

                                        E-mail Citation »

                                        This voluminous casebook focuses on the development of IEL as a response to specific environmental problems and challenges associated with its implementation. A treaty supplement is also available.

                                        Find this resource:

                                        • Timoshenko, Alexandre S. Environmental Negotiator Handbook. London and New York: Kluwer Law International, 2003.

                                          E-mail Citation »

                                          This handbook is aimed at all potential stakeholders in the negotiations of MEAs. The experienced author provides a description and analysis of all stages of such negotiation processes.

                                          Find this resource:

                                          • UNEP manuals. UNEP/Earthprint, 2006–2007.

                                            E-mail Citation »

                                            The UNEP has published three main manuals that address basic and general issues in an introductory manner: Manual on Compliance with and Enforcement of Multilateral Environmental Agreements, edited by Carl E. Bruch and Elizabeth Mrema; Training Manual on International Environmental Law, edited by Lal Kurukulasuriya and Nicholas A. Robinson; and Negotiating and Implementing MEAs: A Manual for NGOs, edited by Bakary Kante.

                                            Find this resource:

                                            • Weiss, Edith Brown, Stephen C. McCaffrey, Daniel Barstow Magraw, and A. Dan Tarlock. International Environmental Law and Policy. 2d ed. New York: Aspen Law & Business, 2006.

                                              E-mail Citation »

                                              A voluminous casebook that uses various materials and questions to introduce issues to students who have little or no knowledge of IEL. A teacher’s manual is available to accompany the casebook.

                                              Find this resource:

                                              History

                                              International environmental law (IEL) is a young discipline in the field of international law. As such, it has much in common with domestic environmental law. The textbooks and general overviews mentioned in Reference Works provide introductions to the history of IEL. Those wanting to examine the background of individual treaties in more detail will find relevant references in the section that focuses on the multilateral environmental agreements in question. Two contributions stand out as significant to the analysis of the development of IEL: Kuokkanen 2002 looks beyond the standard chronological and descriptive presentation of the history of IEL, addressing it from a functional perspective and thus explaining aspects of its development in a new way. Kerbrat and Maljean-Dubois 2011 takes a broader view of IEL, emphasizing the general impact of environmental challenges and IEL on public international law.

                                              • Kerbrat, Yann, and Sandrine Maljean-Dubois, eds. The Transformation of International Environmental Law. Paris: Editions Pedone, 2011.

                                                E-mail Citation »

                                                The second book published on the basis of a collaboration project, this edited volume takes the issues raised in the initial French publication further, including the impact that environmental challenges have had on core concepts and the principles of international law.

                                                Find this resource:

                                                • Kuokkanen, Tuomas. International Law and the Environment: Variations on a Theme. The Hague and New York: Kluwer Law International, 2002.

                                                  E-mail Citation »

                                                  The author distinguishes three periods: the traditional period, based on analyses of significant case law; the modern period, related to the separation and internationalization of environmental issues; and the postmodern period, concerning the attempt to integrate environmental issues in other fields of international law. He provides an analysis that can be useful to those who are not specialized in IEL.

                                                  Find this resource:

                                                  Theory

                                                  This section distinguishes three main theoretical elements related to international environmental law (IEL). It does not claim that these elements are strictly distinct, as they may overlap in many respects. The distinctions are made on the basis of how theoretical issues have been approached in relevant literature. The first element involves the basic features that distinguish IEL from other disciplines of international law, referred to as the “nature” of IEL; the second element involves the core concepts and basic normative structures of IEL; and the third element involves the general principles that have been essential for the design and implementation of IEL.

                                                  The Nature of International Environmental Law

                                                  Environmental law raises some fundamental ethical issues related to the relationship between humans and the various elements of our natural surroundings. Originally published in 1972, Stone 2010 includes a famous article about whether trees should have legal standing in the early 1970s. Christopher Stone has since gathered this piece and other related contributions in a book that takes up the issues in an international context. When environmental law is taken to the international level, some new ethical issues occur, in particular relating to distributive effects between countries and people, as addressed in Ebbesson and Okowa 2009. Taking a more specific approach, Louka 2006 focuses on the fair and equitable management of global common resources. There is an inherent tension in IEL between the need to ensure fairness and equity and the need to secure environmental effectiveness of the agreed-upon measures. The approach of Gillespie 2000 stands in some contrast to Ebbesson and Okowa 2009, focusing on the functional aspects of IEL. One further perspective, which is closely related to sustainable development, is the doctrine of intergenerational equity, as promoted by Weiss 1989 and subsequently discussed by a broad range of theorists from a multitude of perspectives, including in the recent collection of articles in Gosseries and Meyer 2009. The Nagtzaam 2009 monograph provides a contrast to the above approaches in focusing on neoliberal and constructivist analyses of the evolution of IEL.

                                                  • Ebbesson, Jonas, and Phoebe Okowa, eds. Environmental Law and Justice in Context. Cambridge, UK, and New York: Cambridge University Press, 2009.

                                                    E-mail Citation »

                                                    Focusing on participatory rights and social structures, this collection of essays takes up the extent to which justice and fairness have been integrated in the legal debate on environmental protection, while focusing on international issues relating to the environment.

                                                    Find this resource:

                                                    • Gillespie, Alexander. International Environmental Law, Policy, and Ethics. Oxford: Oxford University Press, 2000.

                                                      E-mail Citation »

                                                      Addressing the fundamental question of why the environment is protected in the international arena, this book discusses the apparent gap between efforts and results in IEL and explains this phenomenon by pointing to mechanisms promoting inconsistencies and contradictions. Written by an experienced lecturer for a broader audience than legal scholars.

                                                      Find this resource:

                                                      • Gosseries, Axel, and Lukas H. Meyer, eds. Intergenerational Justice. Oxford: Oxford University Press, 2009.

                                                        E-mail Citation »

                                                        This collection of articles by sixteen philosophers from different traditions illustrates the multiple issues that arise between generations, showing that environmental issues are core concerns.

                                                        Find this resource:

                                                        • Louka, Elli. International Environmental Law: Fairness, Effectiveness, and World Order. Cambridge, UK: Cambridge University Press, 2006.

                                                          E-mail Citation »

                                                          By applying theories of national environmental law and references to sustainable development, this book explores the possibility of achieving fair, effective, and orderly management of a wide range of global common resources.

                                                          Find this resource:

                                                          • Nagtzaam, Gerry. The Making of International Environmental Treaties: Neoliberal and Constructivist Analyses of Normative Evolution. Cheltenham, UK: Edward Elgar, 2009.

                                                            E-mail Citation »

                                                            Through case studies on such divergent issues as whaling, mining in Antarctica, and tropical timber, this monograph tests the explanatory strength of neoliberal and constructivist theories regarding the development of IEL. Although mainly written for political scientists, this volume would be a useful addition to the bookshelf of any IEL scholar and practitioner.

                                                            Find this resource:

                                                            • Stone, Christopher D. Should Trees Have Standing? Law, Morality, and the Environment. 3d ed. Oxford: Oxford University Press, 2010.

                                                              E-mail Citation »

                                                              Originally published in 1972, this collection of essays explores the idea of investing natural objects with legal rights within new contexts, including international areas of environmental law, such as climate change and protecting the marine environment. The engaging writing style and clear logic of the arguments make the essays enjoyable reading for a broad audience.

                                                              Find this resource:

                                                              • Weiss, Edith Brown. In Fairness to Future Generations: International Law, Common Patrimony, and Intergenerational Equity. Innovation in International Law. Tokyo: United Nations University Press, 1989.

                                                                E-mail Citation »

                                                                This thoroughly researched book has contributed to fundamental changes in how we perceive IEL. Its focus on intertemporal dimensions has become a core element of all discussions about IEL.

                                                                Find this resource:

                                                                Core Concepts and Basic Normative Structures

                                                                One core tension in environmental law, whether on a national or international level, is between the freedom to exploit environmental resources by those in control of them, and thus reduce their future value, and the rights of future generations to have their interests protected. In IEL, this issue is closely related to the core concept of sovereignty, as related to natural resources (Schrijver 2008a). The other side of the coin is sustainable development. This concept was coined by the Brundtland Commission’s report Our Common Future (World Commission on Environment and Development 1987), and has since been the core of extensive academic and policy debates. Schrijver 2008b presents a thorough account of the subsequent development of the concept from the perspective of international law. Sustainable development has been criticized for providing an excuse for continuing a “business as usual” approach. In light of this criticism, Bugge and Voigt 2008 analyzes the impact that sustainable development has had on national and international law from a multitude of perspectives and discusses the future of the concept. One approach to the formation of IEL that is closely related to sustainable development, and which has had a fundamental impact on the development of multilateral environmental agreements (MEAs), is accepting that countries have common but differentiated responsibilities for dealing with environmental challenges depending on their level of development and their contribution to the challenges. The current debate over how to deal with climate change has turned this approach into a controversial political topic. Rajamani 2006 discusses the approach as it was originally conceived. One main feature of IEL is the fragmentation of rules and institutions. Such fragmentation invites conflicts and inconsistencies. Although most of the scholarly debate concerns the relationship between trade and environment, Wolfrum and Matz 2003 is one of the few analyses of how such issues occur among MEAs.

                                                                • Bugge, Hans Christian, and Christina Voigt, eds. Sustainable Development in International and National Law: What Did the Brundtland Report Do to Legal Thinking and Legal Development, and Where Can We Go from Here? Papers presented at the seminar “Sustainable Development in International and National Law,” held at Vettre, Norway, in May 2007. Avosetta Series 8. Groningen, The Netherlands: Europa Law, 2008.

                                                                  E-mail Citation »

                                                                  In this collection, a number of scholars in national and international environmental law discuss theories on sustainable development and its development in various regimes of law as well as how it may be operationalized.

                                                                  Find this resource:

                                                                  • Rajamani, Lavanya. Differential Treatment in International Environmental Law. Oxford: Oxford University Press, 2006.

                                                                    E-mail Citation »

                                                                    The young and talented author of this stimulating contribution addresses the approach of differentiating treatment between countries from a broad perspective, historically and thematically, and analyzes how the approach has been employed in MEAs.

                                                                    Find this resource:

                                                                    • Schrijver, Nico J. Sovereignty over Natural Resources: Balancing Rights and Duties. Cambridge Studies in International and Comparative Law 4. Cambridge, UK: Cambridge University Press, 2008a.

                                                                      E-mail Citation »

                                                                      By examining natural resources from a broader perspective than IEL, this book contributes to contextualizing IEL by emphasizing the balance that should exist between freedoms and obligations. Written mainly for an academic audience by one of the ascending stars of international law.

                                                                      Find this resource:

                                                                      • Schrijver, Nico J. The Evolution of Sustainable Development in International Law: Inception, Meaning and Status. Pocketbooks of the Hague Academy of International Law. The Hague: Martinus Nijhoff, 2008b.

                                                                        E-mail Citation »

                                                                        Published among the famous collection of lectures given at the Hague Academy of International Law and selected for more extensive distribution in the Livre de Poche series, this book examines the origin, meanings, and status of sustainable development within international law and discusses the principles that have been derived from it as well as its integrative effects for various fields of international law.

                                                                        Find this resource:

                                                                        • Wolfrum, Rüdiger, and Nele Matz. Conflicts in International Environmental Law. Beiträge zum ausländischen öffentlichen Recht und Völkerrecht 164. Berlin: Springer, 2003.

                                                                          E-mail Citation »

                                                                          This theoretical and practical discussion of approaches to solving conflicts and inconsistencies between MEAs is authored by one of the veterans of international law in general and law of the sea in particular. It is based on the thesis of a young scholar.

                                                                          Find this resource:

                                                                          • World Commission on Environment and Development. Our Common Future. Oxford: Oxford University Press, 1987.

                                                                            E-mail Citation »

                                                                            The so-called Brundtland Commission, named after the former Norwegian prime minister who headed the commission, coined the concept of sustainable development as a response to concerns regarding the impact of economic and social development on the environment.

                                                                            Find this resource:

                                                                            Environmental Principles

                                                                            Although there is no generally recognized definition of what constitutes a principle, we can suggest that, as opposed to concepts and objectives, environmental principles contain normative elements. Such normative elements can be at the policy level, such as in terms of what policy should be implemented at the international or domestic level, or as an approach or solution to individual cases, such as in terms of allocating the burden of proof. A very long list of environmental principles could be made. The most frequently mentioned and discussed principles include the principle of prevention, the precautionary principle, and the polluter pays principle. De Sadeleer 2002 discusses how these principles have developed normative elements. The most controversial of these principles, mainly due to its relationship to international trade and investment, is the precautionary principle, which many argue is an “approach” rather than a normative principle (Freestone and Hey 1996, Fitzmaurice 2009). As indicated above, the concept, or objective, of sustainable development has contributed to the development of many principles, and, as in Bosselmann 2008, it can be discussed whether sustainability has developed into a principle. Similarly, Honkonen 2009 discusses whether the common but differentiated responsibility approach under MEAs can be characterized as a principle.

                                                                            • Bosselmann, Klaus. The Principle of Sustainability: Transforming Law and Governance. Aldershot, UK: Ashgate, 2008.

                                                                              E-mail Citation »

                                                                              Authored by a longtime specialist on sustainable development, this contribution discusses how sustainability has influenced principles in international law and argues that, as such, sustainability should be recognized as a normative principle.

                                                                              Find this resource:

                                                                              • de Sadeleer, Nicolas. Environmental Principles: From Political Slogans to Legal Rules. Oxford: Oxford University Press, 2002.

                                                                                E-mail Citation »

                                                                                This book takes into account analyses of environmental laws by members of the European Union, the United States, and Australia and focuses on the “polluter pays” principle, the principle of prevention, and the precautionary principle. It presents a theory on the development of the normative elements of such principles. Written for specialists in IEL by one of the most productive academics.

                                                                                Find this resource:

                                                                                • Fitzmaurice, Malgosia. Contemporary Issues in International Environmental Law. Cheltenham, UK: Edward Elgar, 2009.

                                                                                  E-mail Citation »

                                                                                  This contribution brings forward critical assessments of the approaches that many IEL specialists have had to environmental principles, in particular the precautionary principle and sustainable development. Written for a broad audience.

                                                                                  Find this resource:

                                                                                  • Freestone, David, and Ellen Hey, eds. The Precautionary Principle and International Law: The Challenge of Implementation. The Hague: Kluwer Law International, 1996.

                                                                                    E-mail Citation »

                                                                                    One of the early broad discussions of the precautionary principle that is still relevant, mainly because subsequent political and normative developments are highly reflective of the controversies surrounding the principle. This collection of essays is edited by two veterans of IEL and is relevant to a broad audience.

                                                                                    Find this resource:

                                                                                    • Honkonen, Tuula. The Common but Differentiated Responsibility Principle in Multilateral Environmental Agreements: Regulatory and Policy Aspects. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2009.

                                                                                      E-mail Citation »

                                                                                      This monograph provides an updated assessment of using common but differentiated responsibility treatment as a principle, based on the principle’s formulation in MEAs. Aiming at a multidisciplinary audience, the author emphasizes the need to strike a balance between development needs and international policies to protect the environment.

                                                                                      Find this resource:

                                                                                      Biodiversity Conservation

                                                                                      The following section is based on two main distinctions. The first is related to human activities that threaten the environment, such as the distinction between threats posed by hazardous substances, threats by emission of pollutants, and those that are more specifically related to the loss of biodiversity, such as habitat fragmentation and hunting and fishing practices. The second distinction is related to the environment to be protected, such as the terrestrial environment, the atmosphere, the marine environment, watercourses, and polar areas. These distinctions reflect characteristics of the development of multilateral environmental agreements (MEAs) as well as general trends in the literature on MEAs. Some MEAs and publications are relevant to more than one of the above categories and subcategories. Hence, the selections in one of the subsections below are also likely to be relevant in other subsections. In this section, we shall identify publications of general relevance to biodiversity. De Sadeleer and Born 2004 is an extensive overview of the Convention on Biological Diversity (CBD) and related MEAs that can serve as a firm starting point for further in-depth studies of the field. Le Prestre 2002 provides further insights into the negotiation and further development of the CBD during the first decade of its existence. In 1985, Simon Lyster published the first edition of what has become the main treatise on international wildlife law, focusing on terrestrial wildlife and selected treaties concerning marine issues. This book has recently been significantly updated, revised, and expanded (see Bowman, et al. 2010). Measures to protect biodiversity include habitat protection, restrictions on hunting and fishing, the prevention of the introduction of alien species, and initiatives to secure the survival of species through ex situ protection. Such measures must be made effective in domestic legal systems, and many of them concern issues that are at the core of states’ territorial sovereignty. It is therefore essential to combine the study of MEAs with studies of what takes place at the national level, as in Jeffery, et al. 2008. Despite the adoption of a multitude of biodiversity-related MEAs since the early 1970s, supplemented by political commitments to halt the loss of biodiversity, the rate at which the earth is losing biodiversity is higher than it has ever been. These developments have generated significant academic debate related to the strengths and weaknesses of the current legal regimes and the possibilities of reforming them. One important initiative has involved the enhancement of the economic value attributed to biodiversity (see Markussen, et al. 2005).

                                                                                      • Bowman, Michael, Peter Davies, and Catherine Redgwell. Lyster’s International Wildlife Law. 2d ed. Cambridge, UK: Cambridge University Press, 2010.

                                                                                        E-mail Citation »

                                                                                        By combining an analysis of the philosophical and welfare considerations underpinning wildlife protection with a positivist analysis of the MEAs on conservation of wildlife and habitat protection, this treaty-by-treaty analysis of international wildlife law has become a seminal work in its field. Based on Lyster’s thorough first edition, three distinguished scholars have added crosscutting topics such as trade, welfare, and pollution.

                                                                                        Find this resource:

                                                                                        • de Sadeleer, Nicolas, and Charles-Hubert Born. Droit international et communautaire de la biodiversité. Paris: Dalloz, 2004.

                                                                                          E-mail Citation »

                                                                                          This overview of biodiversity-related rules at the global and European level is detailed and systematic and provides details on the contexts in which these rules must be considered. Written for academics and practitioners by specialists in international and European environmental law.

                                                                                          Find this resource:

                                                                                          • Jeffery, Michael I., Jeremy M. Firestone, and Karen Bubna-Litic, eds. Biodiversity Conservation, Law and Livelihoods: Bridging the North-South Divide. Papers presented at the third colloquium of the International Union for Conservation of Nature. IUCN Academy of Environmental Law Research Studies Series. Cambridge, UK: Cambridge University Press, 2008.

                                                                                            E-mail Citation »

                                                                                            This book covers a broad range of issues related to biodiversity protection and includes accounts of many national experiences from a broad range of countries.

                                                                                            Find this resource:

                                                                                            • Le Prestre, Philippe G., ed. Governing Global Biodiversity: The Evolution and Implementation of the Convention on Biological Diversity. Global Environmental Governance Series. Aldershot, UK, and Burlington, VT: Ashgate, 2002.

                                                                                              E-mail Citation »

                                                                                              Taking a broad perspective by combining articles from mostly European contributors from a variety of academic disciplines, this book focuses on political analyses of the implementation of the CBD.

                                                                                              Find this resource:

                                                                                              • Markussen, Michael, Ralph Buse, Heiko Garrelts, María Máñez Costa, Susanne Menzel, and Rainer Marggraf, eds. Valuation and Conservation of Biodiversity: Interdisciplinary Perspectives on the Convention on Biological Diversity. Berlin: Springer, 2005.

                                                                                                E-mail Citation »

                                                                                                Based on challenges regarding the effective implementation of the CBD, this collection of essays argues that the valuation and conservation of biodiversity are essential starting points for ensuring the effectiveness of the regime.

                                                                                                Find this resource:

                                                                                                Terrestrial Biodiversity

                                                                                                Multilateral environmental agreements (MEAs) regarding terrestrial biodiversity started out as treaties focusing on particular species. More recently, there has emerged a focus on habitat protection and preservation of ecosystems as well as economic incentives to conserve biodiversity. This section first presents texts about MEAs that protect habitats through area protection; thereafter, it features selections about economic incentives involving access to genetic resources and the subsequent sharing of benefits derived from such resources. Species protection and the special topic of alien species are featured at the end of this section.

                                                                                                Area Protection

                                                                                                Approaches to area protection have in general varied significantly among countries. It is only recently that this issue has been brought to the international level through MEAs. The core issue of concern of MEAs has been to secure the habitats that are particularly important to migratory species (the Ramsar Convention on Wetlands of International Importance, especially as Waterfowl Habitat) and to preserve the unique environmental phenomena that are of interest to the world community (World Heritage Convention; see Francioni and Lenzerini 2008). Although area protection at the international level remained a terrestrial issue for many years, in recent years it has also gained a significant focus by institutions concerned with the marine environment. One book that largely reflects this current status is Gillespie 2007. Most of the world’s terrestrial biodiversity can be found in forests. In 1992, the Rio Summit failed to achieve an agreement on a legally binding regime for forests. In more recent years, there has been a major focus on how forests should be addressed in international law. Humphreys 2008 provides incisive analyses of the development of international forest regimes. Although many forests are regional, they often cross borders; however, there are few regional or even bilateral treaties that regulate their protection and management. The Amazon region, home to the world’s most important forests, is perhaps the most advanced forest region in terms of international regulation (see Garcia 2011). Some of the following selections concern the relationship between forests and climate change. Desertification has for many decades been a main concern to developing countries in particular. But due to climate change, the issue has also come higher on the agenda of many developed countries. Although adopted after the Rio Summit, the UN Convention to Combat Desertification in Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa (1994) is counted among the Rio Conventions. Within the sparse literature on the international regulation of desertification, Johnson, et al. 2006 stands out as the main academic contribution.

                                                                                                • Francioni, Francesco, and Federico Lenzerini, eds. The 1972 World Heritage Convention: A Commentary. Oxford: Oxford University Press, 2008.

                                                                                                  E-mail Citation »

                                                                                                  This article-by-article commentary of the World Heritage Convention aimed at practitioners covers natural and cultural heritage and focuses on the extensive practice of the World Heritage Committee as well as relevant initiatives of the bodies of other related MEAs.

                                                                                                  Find this resource:

                                                                                                  • Garcia, Beatriz. The Amazon from an International Law Perspective. Cambridge, UK: Cambridge University Press, 2011.

                                                                                                    E-mail Citation »

                                                                                                    On the basis of an assessment of the extent to which MEAs and international law in general affect the preservation of the Amazon, this book considers the possibility of establishing an international regime and providing a special status for the Amazon. The book is based on the author’s doctoral thesis.

                                                                                                    Find this resource:

                                                                                                    • Gillespie, Alexander. Protected Areas and International Environmental Law. Leiden, The Netherlands, and Boston: Martinus Nijhoff, 2007.

                                                                                                      E-mail Citation »

                                                                                                      Providing an overview and case studies concerning how protected areas are created, listed, and managed in light of global and regional MEAs, this book focuses mainly on the terrestrial environment. Written by an experienced New Zealand academic for students, practitioners, and fellow academics.

                                                                                                      Find this resource:

                                                                                                      • Humphreys, David. Logjam: Deforestation and the Crisis of Global Governance. The Earthscan Forestry Library. London: Earthscan, 2008.

                                                                                                        E-mail Citation »

                                                                                                        By tracking the main intergovernmental processes as well as the international mechanisms on forest certification and illegal logging, this award-winning book analyzes what prevents the international community from contributing to effective protection of the world’s forests. Although the author pursues a political science perspective, the analyses are highly relevant for lawyers.

                                                                                                        Find this resource:

                                                                                                        • Johnson, Pierre-Marc, Karel Mayrand, and Marc Paquin, eds. Governing Global Desertification: Linking Environmental Degradation, Poverty and Participation. Global Environmental Governance Series. Aldershot, UK: Ashgate, 2006.

                                                                                                          E-mail Citation »

                                                                                                          Reflecting the soft legal approach of the UN Convention to Combat Desertification (UNCCD), this collection integrates political, social, economic, and scientific aspects in analyses of the instruments set up by the UNCCD. These instruments include National Action Programmes and development planning. The approach is user friendly, as it combines contributions from academia and the nongovernmental organization community.

                                                                                                          Find this resource:

                                                                                                          Access to and Sharing of Benefits from Genetic Resources

                                                                                                          Article 15 of the Convention on Biological Diversity (CBD), concerning access to and sharing of benefits from genetic resources, is the most “unqualified” provision of the treaty. Significant challenges remain concerning its effective implementation. As it is a key to the balance between the interests of developing and developed countries, it is not surprising that its implementation has attained significant attention in the literature. The year 2004 was key in terms of access and benefit-sharing issues. At this time, there was agreement to commence negotiations, which resulted in the adoption in 2010 of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization to the Convention on Biological Diversity; the enactment of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA, 2001); the launch of discussions in the World Intellectual Property Organization to explore the relationship among intellectual property rights, traditional knowledge, genetic resources, and folklore; and the commencement of negotiations at the first Meeting of the Parties to the Cartagena Protocol on Biosafety, which eventually became the Nagoya–Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety in 2010. These four aspects are analyzed in Fauchald and Werksman 2004. A useful and more updated overview of these issues as well as their relationship to trade, human rights, and regional regimes can be found in Francioni and Scovazzi 2006. Because the Nagoya Protocol did not significantly revise the existing approaches to access and benefit sharing, the contributions in Kamau and Winter 2009 remain relevant to the continuing discussion. Biotechnology is regarded by many as the most important area of technological and commercial development in recent decades. Efforts to ensure that raw materials remain available to this industry, and the relationship between such efforts and intellectual property rights as well as trade issues are among the most controversial issues among developed and developing countries. The ITPGRFA is one of the key responses of the international community to these challenges, and there is significant debate concerning various aspects of this treaty and its relevance to other genetic resources (Lightbourne 2009). The fact that intellectual property rights relating to genetic resources are mainly owned by industry located in developed countries, whereas the raw materials for the industry are mainly located in developing countries raises challenging issues regarding equity and international trade. Biber-Klemm and Cottier 2006 provides a discussion of these issues from a trade perspective.

                                                                                                          • Biber-Klemm, Susette, and Thomas Cottier, eds. Rights to Plant Genetic Resources and Traditional Knowledge: Basic Issues and Perspectives. Wallingford, UK: CABI, 2006.

                                                                                                            E-mail Citation »

                                                                                                            Edited by academics whose main background is international trade law, this volume discusses instruments and institutions to create incentives to conservation and sustainable use of genetic resources and associated traditional knowledge in the framework of the world trade order.

                                                                                                            Find this resource:

                                                                                                            • Fauchald, Ole Kristian, and Jacob Werksman, eds. Yearbook of International Environmental Law. Vol. 15. Oxford: Oxford University Press, 2004.

                                                                                                              E-mail Citation »

                                                                                                              This volume of the Yearbook of International Environmental Law contains five thorough articles on various aspects of international genetic resources law, including access and benefit sharing and plant genetic resources for food and agriculture as well as liability and redress.

                                                                                                              Find this resource:

                                                                                                              • Francioni, Francesco, and Tullio Scovazzi, eds. Biotechnology and International Law. Studies in International Law 9. Oxford: Hart, 2006.

                                                                                                                E-mail Citation »

                                                                                                                With contributions written by sixteen academics and practitioners addressing biotechnology from a variety of legal disciplines, the main topics include the international status of genetic resources, relevance of environmental principles, implications of biotechnology for trade rules and human rights, and intersection of biotechnology with regional systems, especially those developed in Europe and Latin America.

                                                                                                                Find this resource:

                                                                                                                • Kamau, Evanson C., and Gerd Winter. Genetic Resources, Traditional Knowledge and the Law: Solutions for Access and Benefit Sharing. London and Sterling, VA: Earthscan, 2009.

                                                                                                                  E-mail Citation »

                                                                                                                  This well-edited volume brings forward practical and policy-oriented discussions based on domestic and bilateral experiences as well as theoretical discussions. Being policy oriented, it provided significant background materials and analyses for the negotiators of the Nagoya Protocol.

                                                                                                                  Find this resource:

                                                                                                                  • Lightbourne, Muriel. Food Security, Biological Diversity and Intellectual Property Rights. Intellectual Property, Theory, Culture. Farnham, UK: Ashgate, 2009.

                                                                                                                    E-mail Citation »

                                                                                                                    Based on a thorough and clear analysis of the International Treaty on Plant Genetic Resources for Food and Agriculture, this book claims that the pursuit of national interests is counterproductive to the maintenance of genetic resources and food security, and that the treaty should be expanded to cover all crops.

                                                                                                                    Find this resource:

                                                                                                                    Species Protection

                                                                                                                    Human beings have always been hunters, and norms concerning hunting were probably among the first we developed. They were also the first developed within international law, where treaties regarding hunting appeared early in the 20th century. Cioc 2009 analyzes the emergence of such treaties. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) can be distinguished from other MEAs in several ways: It sets out obligations for states to take specific national measures in order to prevent international trade in endangered species, thereby singling out one of several threats to the survival of the species in question; it does not address the direct threat to the species (i.e., hunting) but an indirect threat (i.e., international trade); and it aims at in situ protection of species through measures to be taken primarily in countries of import. These are probably the main reasons why there is a significant separate literature dealing with this particular MEA, including Hutton and Dickson 2000 and Reeve 2002.

                                                                                                                    • Cioc, Mark. The Game of Conservation: International Treaties to Protect the World’s Migratory Animals. Athens, OH: Ohio University Press, 2009.

                                                                                                                      E-mail Citation »

                                                                                                                      Focusing on the protection of migratory species, including whales, this volume provides a history-based analysis of early MEAs and explores how they have contributed to the formation of international environmental law.

                                                                                                                      Find this resource:

                                                                                                                      • Hutton, Jon, and Barnabas Dickson, eds. Endangered Species, Threatened Convention: The Past, Present and Future of CITES. London: Earthscan, 2000.

                                                                                                                        E-mail Citation »

                                                                                                                        On the basis of case studies that draw on the experience of people closely involved in CITES, this volume assesses its strengths and weaknesses and explores how it can be related to the Convention on Biological Diversity.

                                                                                                                        Find this resource:

                                                                                                                        • Reeve, Rosalind. Policing International Trade in Endangered Species: The CITES Treaty and Compliance. London: Earthscan, 2002.

                                                                                                                          E-mail Citation »

                                                                                                                          With a focus on the compliance mechanism, this monograph, which is based on a doctoral dissertation and which provides practical recommendations for reform, contributes a case study to the international environmental governance debate.

                                                                                                                          Find this resource:

                                                                                                                          Alien Organisms

                                                                                                                          One of the topics high on the agenda of the Convention on Biological Diversity (CBD) is the need to negotiate a treaty to protect against invasive alien species. Because they are closely related to agriculture and trade, such negotiations would need to be coordinated with the Food and Agriculture Organization and the World Trade Organization. In contrast to the marine environment, there has not yet been consensus on commencing such negotiations for the terrestrial environment. Nevertheless, after many years of intense negotiations, there was finally sufficient agreement to conclude negotiations on a closely related topic—genetically modified organisms—in 2000. This treaty, the Cartagena Protocol on Biosafety, is illustrative of the controversial issues that arise in the context of alien species. As is illustrated in Bail, et al. 2002, the literature has mainly focused on trade-related issues.

                                                                                                                          • Bail, Christoph, Robert Falkner, and Helen Marquard, eds. The Cartagena Protocol on Biosafety: Reconciling Trade in Biotechnology with Environment and Development? London: Earthscan, 2002.

                                                                                                                            E-mail Citation »

                                                                                                                            Featuring more than forty contributors with various backgrounds, this book, which was published before the Cartagena Protocol on Biosafety was implemented, provides multiple perspectives on the negotiations, key provisions, and implications of the protocol.

                                                                                                                            Find this resource:

                                                                                                                            Protection of the Atmosphere

                                                                                                                            The first treaty that set up a framework for global cooperation to deal with pollution of the atmosphere is the Vienna Convention for the Protection of the Ozone Layer (1985). This treaty has since become a model for international regulation of other environmental problems, in particular those related to the atmosphere. Climate change stands out as a separate issue in the literature.

                                                                                                                            Climate Change

                                                                                                                            There is probably no other field of international law that has a comparable combination of political controversy, economic importance, and advanced international regulatory, and administrative regime as the field of climate change, with the UN Framework Convention on Climate Change. In light of the uncertainties regarding the future of national, bilateral, and regional measures for implementing the Kyoto Protocol and the design of future rules to mitigate and adapt to climate change as well as the intense negotiations that have been ongoing for several years, the voluminous literature in this field tends to quickly become outdated. Despite being outdated on several issues, Yamin and Depledge 2004 remains a thorough and instructive introduction to the field. A more updated introduction to various aspects of the climate regime can be found in Fauchald and Werksman 2005. One aspect of the existing climate regime that is likely to remain an important part of the future regime is the emissions-trading schemes that have been implemented within several jurisdictions and which have created markets of approximately US$100 billion per year (Freestone and Streck 2009). Discussions concerning the post-Kyoto climate regime follow a variety of approaches. Although most take a top-down approach starting from the perspective of international negotiations between states, Hoffmann 2011 takes a bottom-up approach, focusing on other actors and processes than those related to states, and Aldy and Stavins 2007 combines top-down and bottom-up approaches. Among those primarily taking a top-down approach, a distinction can be drawn between those arguing that a future regime must be based on equitability among developed and developing countries (Richardson, et al. 2011) and those arguing that such an approach would undermine the regime (Posner and Weisbach 2010).

                                                                                                                            • Aldy, Joseph E., and Robert N. Stavins, eds. Architectures for Agreement: Addressing Global Climate Change in the Post-Kyoto World. Cambridge, UK: Cambridge University Press, 2007.

                                                                                                                              E-mail Citation »

                                                                                                                              Although this volume of essays does not reflect the most recent developments of climate policy, it still contains an important multidisciplinary exploration of the pros and cons of six alternative international architectures for future policy, including top-down and bottom-up regimes.

                                                                                                                              Find this resource:

                                                                                                                              • Fauchald, Ole Kristian, and Jacob Werksman, eds. Yearbook of International Environmental Law. Vol. 16. Oxford: Oxford University Press, 2006.

                                                                                                                                E-mail Citation »

                                                                                                                                As the Kyoto Protocol entered into force in 2005, this volume of the Yearbook of International Environmental Law included seven contributions that addressed the protocol from various perspectives, including comparative, differential treatment, science-policy interaction, and national experiences with the Clean Development Mechanism.

                                                                                                                                Find this resource:

                                                                                                                                • Freestone, David, and Charlotte Streck, eds. Legal Aspects of Carbon Trading: Kyoto, Copenhagen, and Beyond. Oxford: Oxford University Press, 2009.

                                                                                                                                  E-mail Citation »

                                                                                                                                  Written by people who were involved in Kyoto Protocol transactions, with practitioners in mind, this volume covers in detail relevant aspects of the market for emission trading, including the schemes in the European Union, the United States, Australia, and New Zealand.

                                                                                                                                  Find this resource:

                                                                                                                                  • Hoffmann, Matthew J. Climate Governance at the Crossroads: Experimenting with a Global Response after Kyoto. Oxford: Oxford University Press, 2011.

                                                                                                                                    E-mail Citation »

                                                                                                                                    Based on summaries of initiatives at individual, municipal, national, subnational, corporate, and transnational levels, this contribution to the policy debate analyzes the pros and cons of new initiatives to climate governance as well as how such initiatives are likely to interact.

                                                                                                                                    Find this resource:

                                                                                                                                    • Posner, Eric A., and David A. Weisbach. Climate Change Justice. Princeton, NJ: Princeton University Press, 2010.

                                                                                                                                      E-mail Citation »

                                                                                                                                      This book argues that policies that simultaneously address climate change and equity concerns are likely to fail and proposes four central themes as the basis for designing a future climate regime.

                                                                                                                                      Find this resource:

                                                                                                                                      • Richardson, Benjamin, Yves Le Bouthillier, Heather McLeod-Kilmurray, and Stephan Wood, eds. Climate Law and Developing Countries: Legal and Policy Challenges for the World Economy. Cheltenham, UK: Edward Elgar, 2011.

                                                                                                                                        E-mail Citation »

                                                                                                                                        Featuring contributions by academics from a broad range of countries, this book explores why and how equity among developing and developed countries must be reflected in international and domestic climate policies that focus on mitigation and adaptation.

                                                                                                                                        Find this resource:

                                                                                                                                        • Yamin, Farhana, and Joanna Depledge. The International Climate Change Regime: A Guide to Rules, Institutions and Procedures. Cambridge, UK: Cambridge University Press, 2004.

                                                                                                                                          E-mail Citation »

                                                                                                                                          Despite being somewhat outdated, this is currently the only book with a textbook approach that covers the whole climate regime in some depth. In addition to explaining how the regime works, the authors discuss its political coalitions, institutional structure, negotiation process, administrative base, and links with other international regimes.

                                                                                                                                          Find this resource:

                                                                                                                                          Other Issues of Atmospheric Pollution

                                                                                                                                          The main focuses of multilateral environmental agreements (MEAs) that regulate other forms of atmospheric pollution than emission of greenhouse gases are depletion of the ozone layer and acid rain (Brunnée 1988). Emissions of ozone-depleting substances have been effectively controlled through the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer. Although there is still significant interest in learning from the successful negotiation and implementation of these MEAs (Benedick 1998), the current issues and future design of the regime remain in essence uncontroversial and have generated little interest in the academic literature. The UN Economic Commission for Europe (UNECE) has adopted numerous protocols to deal with regional and bilateral problems of air pollution under the umbrella of the Convention on Long-Range Transboundary Air Pollution. Schrage, et al. 2007 provides an updated overview of the relevant context and current issues of these MEAs. MEAs adopted to prevent emission of hazardous substances are also significant from an atmospheric perspective. The treaties that do not generally focus on protection of the atmosphere are addressed separately in the following sections.

                                                                                                                                          • Benedick, Richard Elliot. Ozone Diplomacy: New Directions in Safeguarding the Planet. 2d ed. Cambridge, MA: Harvard University Press, 1998.

                                                                                                                                            E-mail Citation »

                                                                                                                                            Authored by one of the negotiators of the ozone regime, the first edition of this book became an authoritative analysis of the negotiations as well as an inspiration to negotiators of subsequent MEAs, in particular regarding the climate regime. The revised and expanded edition takes up controversial implementation issues, including financial and technology transfer, black markets, and the industry’s development of new technologies.

                                                                                                                                            Find this resource:

                                                                                                                                            • Brunnée, Jutta. Acid Rain and Ozone Layer Depletion: International Law and Regulation. Leiden, The Netherlands, and Boston: Martinus Nijhoff, 1988.

                                                                                                                                              E-mail Citation »

                                                                                                                                              Although outdated in several respects, this thorough analysis is still of interest for its exploration of the MEAs in light of relevant customary rules of international law, including the concept of sovereignty.

                                                                                                                                              Find this resource:

                                                                                                                                              • Schrage, Wieker, Keith Bull, and Albena Karadjova. “Environmental Legal Instruments in the UNECE Region.” In Yearbook of International Environmental Law. Vol. 18. Edited by Ole Kristian Fauchald, David Hunter, and Wang Xi, 3–31. Oxford and New York: Oxford University Press. 2007.

                                                                                                                                                E-mail Citation »

                                                                                                                                                This overview of the five main MEAs and associated protocols of the UNECE focuses on lessons learned through efforts to improve their effectiveness, particularly in regard to institutional mechanisms set up to monitor and encourage implementation and compliance. Authored by employees of the UNECE, the article presents the secretariats’ perspectives.

                                                                                                                                                Find this resource:

                                                                                                                                                Marine Environment

                                                                                                                                                Treaties to protect the marine environment belong to at least five main regimes: The first is the UN Convention on the Law of the Sea (UNCLOS) and its associated agreement on conservation and management of straddling fish stocks and highly migratory fish stocks (the Straddling Fish Stocks Agreement). The second regime is the regional fisheries management organizations, which in substance are linked to the UNCLOS regime but are also substantively and institutionally related to the Food and Agriculture Organization. The third regime is the International Maritime Organization (IMO), which in substance operates within the framework of UNCLOS and has broad discretionary powers. The fourth is a number of multilateral environmental agreements (MEAs) that are associated with the UN Environment Programme primarily through its Regional Seas Programme. The last group of regimes involves some independent MEAs that deal with marine environmental issues, such as the International Convention for the Regulation of Whaling. Against the background of these regimes, it is not possible to base this section of the bibliography on a distinction between MEAs and other treaties; the focus rather will be on the content of the literature in question. Hence, texts concerning the general aspects of UNCLOS, international fisheries, or marine transportation fall outside the scope of this bibliography, but ones that address the environmental aspects of these regimes will be included. When faced with such a complex and fragmented regulatory and institutional setting, there is clearly a need for overviews and analyses that seek to integrate the various elements. In addition to the overviews provided in the textbooks previously mentioned, Ehlers and Lagoni 2007 provides discussions of a broad range of international institutions that focus on protection of the marine environment. Vidas 2010 and Vidas and Schei 2011 explore in more detail the legal and law-and-science issues of the many environmental challenges that the world’s oceans face today.

                                                                                                                                                • Ehlers, Peter, and Rainer Lagoni, eds. International Maritime Organisations and Their Contribution Toward a Sustainable Marine Development. Schriften zum See- und Hafenrecht 12. Hamburg, Germany: LIT Verlag Münster, 2007.

                                                                                                                                                  E-mail Citation »

                                                                                                                                                  The contributions in this collection are mainly forward looking, exploring how a broad range of international institutions, including intergovernmental and nongovernmental, rule-oriented, and natural-science oriented institutions, as well as global and regional ones, can contribute to environmental aspects of sustainable development.

                                                                                                                                                  Find this resource:

                                                                                                                                                  • Vidas, Davor, ed. Law, Technology and Science for Oceans in Globalisation: IUU Fishing, Oil Pollution, Bioprospecting, Outer Continental Shelf. Leiden, The Netherlands, and Boston: Martinus Nijhoff, 2010.

                                                                                                                                                    E-mail Citation »

                                                                                                                                                    Thirty contributions from different disciplines analyze various developments in the interface of law, technology, and science in three challenging areas of marine environmental protection: illegal, unreported, and unregulated fishing; oil pollution; and bioprospecting. The book also contains articles on two topics that combine law and geology: the challenges of the Anthropocene epoch for the management of oceans and the extension of continental shelves beyond two hundred nautical miles.

                                                                                                                                                    Find this resource:

                                                                                                                                                    • Vidas, Davor, and Peter Johan Schei, eds. The World Ocean in Globalisation: Climate Change, Sustainable Fisheries, Biodiversity, Shipping, Regional Issues. Leiden, The Netherlands, and Boston: Martinus Nijhoff, 2011.

                                                                                                                                                      E-mail Citation »

                                                                                                                                                      This multidisciplinary volume contains contributions focusing on regulatory responses to emerging challenges for the marine environment. In addition to addressing global regulatory responses, it discusses regional responses in a European context.

                                                                                                                                                      Find this resource:

                                                                                                                                                      Biodiversity, Resource Exploitation, and Habitat Protection

                                                                                                                                                      Coastal zones and coral reefs (see Goodwin 2011) have traditionally received countries’ attention as worthy of measures to protect biodiversity due to their productivity, accessibility, and high level of biodiversity. However, international law is mainly relevant when such measures apply to areas of the high seas and the exclusive economic zones. Its starting points are the general rules of UNCLOS and general international environmental law, which serve as a framework for countries’ individual and coordinated initiatives to promote environmental protection in exclusive economic zones and on the high seas. Dux 2011 discusses the establishment of specially protected areas within exclusive economic zones. Warner 2009 deals with the rules that apply on the high seas and the deep seabed. In addition to the global rules, more specific rules are developed on a regional basis, and Tanaka 2009 provides case studies of the regime developed within the northeast Atlantic Ocean. Because biodiversity and habitat protection necessitate restrictions on the freedom of navigation within or outside countries’ exclusive economic zones, the IMO’s power to classify areas as “particularly sensitive sea areas” (PSSAs) is essential (Kachel 2008).

                                                                                                                                                      • Dux, Thomas. Specially Protected Marine Areas in the Exclusive Economic Zone (EEZ): The Regime for the Protection of Specific Areas of the EEZ for Environmental Reasons under International Law. Schriften zum See- und Hafenrecht 18. Hamburg, Germany: LIT Verlag, 2011.

                                                                                                                                                        E-mail Citation »

                                                                                                                                                        Based on the author’s doctoral thesis, this book examines the freedom of countries to protect areas in their exclusive economic zones, in particular in light of Article 211(6) of UNCLOS and customary international law as well as global and regional instruments that contain mechanisms to protect specific areas.

                                                                                                                                                        Find this resource:

                                                                                                                                                        • Goodwin, Edward J. International Environmental Law and the Conservation of Coral Reefs. Routledge Research in Environmental Law 2. London and New York: Routledge, 2011.

                                                                                                                                                          E-mail Citation »

                                                                                                                                                          On the basis of an in-depth study of how five MEAs (including UNCLOS) contribute to protecting tropical coral reefs, in addition to providing an overview of threats posed by climate change and acidification, the author comments on the adequacy of the current regimes and needs for reforms, including the need for coordinated sectorial legal action in particular.

                                                                                                                                                          Find this resource:

                                                                                                                                                          • Kachel, Markus J. Particularly Sensitive Sea Areas: The IMO’s Role in Protecting Vulnerable Marine Areas. Hamburg Studies on Maritime Affairs 13. Berlin: Springer, 2008.

                                                                                                                                                            E-mail Citation »

                                                                                                                                                            Following a thorough overview of the general environmental and regulatory context, this thesis provides a detailed analysis of the legal basis of PSSAs and protective measures available in such areas, with a particular focus on implications for coastal states’ jurisdiction over vessel-source pollution.

                                                                                                                                                            Find this resource:

                                                                                                                                                            • Tanaka, Yoshifumi. A Dual Approach to Ocean Governance: The Cases of Zonal and Integrated Management in International Law of the Sea. Ashgate International Law Series. Farnham, UK: Ashgate, 2009.

                                                                                                                                                              E-mail Citation »

                                                                                                                                                              Based on studies of global rules and the regime of the northeast Atlantic Ocean, this brief and thought-provoking book examines the interaction between zonal and integrated management approaches and the conservation of biological diversity. It also contains a chapter on the obligation to cooperate in marine scientific research.

                                                                                                                                                              Find this resource:

                                                                                                                                                              • Warner, Robin. Protecting the Oceans beyond National Jurisdiction: Strengthening the International Law Framework. Legal Aspects of Sustainable Development. Leiden, The Netherlands, and Boston: Martinus Nijhoff, 2009.

                                                                                                                                                                E-mail Citation »

                                                                                                                                                                This book provides an introduction to the framework for the protection of the high seas based on the tension between the freedoms associated with the high seas and the obligation to protect the marine environment. It discusses how hard- and soft-law norms could be developed to ensure effective protection, partly in light of how such standards have been developed by the International Seabed Authority.

                                                                                                                                                                Find this resource:

                                                                                                                                                                Fisheries

                                                                                                                                                                The literature on international law of fisheries is abundant. A significant part of this literature concerns international regulation of environmental aspects of fisheries. The core of the environmental problems associated with fisheries is dealt with under the label illegal, unreported, and unregulated fishing, or IUU fishing. Edeson, et al. 2010 provides analyses of the broad range of measures taken to combat IUU fishing. The reason why IUU fishing occurs can in many cases be traced back to a failure of flag states (the states under which fishing vessels are registered) to effectively exercise their jurisdiction over the vessels. Rayfuse 2004 examines in detail how states other than the flag states can contribute to enforcement of existing management regimes, in particular those based in regional fisheries organizations. But even if IUU fishing is effectively combated, failures to agree on management decisions that are environmentally sustainable over the long term are likely to remain a critical problem. Henriksen, et al. 2006 analyzes the relationship between regional management regimes and the Straddling Fish Stocks Agreement and examine how and to what extent the agreement has been applied and implemented by the regional regimes. Mainly based on Canada’s experiences, VanderZwaag and Russell 2010 goes one step further and explores ways to achieve sustainable governance of international fisheries. Gillespie 2005 discusses the particular issue of whaling, which has traditionally raised ethical challenges. One important aspect is whaling for scientific purposes, which has been brought before the International Court of Justice. Another controversial issue in the interface between science and fisheries that is currently high on the international agenda is access to and sharing of benefits from marine genetic resources (Leary 2007). As demonstrated in Young 2011, effective international regulation of fisheries is hard to achieve without simultaneously addressing trade-related issues.

                                                                                                                                                                • Edeson, William, Martin Tsamenyi, and Mary Ann Palma. Promoting Sustainable Fisheries: The International Legal and Policy Framework to Combat Illegal, Unreported and Unregulated Fishing. Legal Aspects of Sustainable Development 6. Leiden, The Netherlands, and Boston: Martinus Nijhoff, 2010.

                                                                                                                                                                  E-mail Citation »

                                                                                                                                                                  After starting out with an analysis of the concept of and historical background of IUU fishing, this book proceeds to examine global and regional rules that apply to the initiatives of various states (e.g., flag states, coastal states, port states, and market states) to deal with IUU fishing.

                                                                                                                                                                  Find this resource:

                                                                                                                                                                  • Gillespie, Alexander. Whaling Diplomacy: Defining Issues in International Environmental Law. New Horizons in Environmental Law. Cheltenham, UK: Edward Elgar, 2005.

                                                                                                                                                                    E-mail Citation »

                                                                                                                                                                    On a solid empirical and theoretical basis, this book discusses management and protection of cetaceans under the International Convention as well as the broader issues in international environmental law concerning conservation and sustainable use of natural resources. The book is relevant to a broad audience, including academics, practitioners, and students.

                                                                                                                                                                    Find this resource:

                                                                                                                                                                    • Henriksen, Tore, Geir Hønneland, and Are K. Sydnes. Law and Politics in Ocean Governance: The UN Fish Stocks Agreement and Regional Fisheries Management Regimes. Publications on Ocean Development 52. Leiden, The Netherlands, and Boston: Martinus Nijhoff, 2006.

                                                                                                                                                                      E-mail Citation »

                                                                                                                                                                      Based on legal and political-science analyses of five regional regimes chosen to reflect the heterogeneity of regional institutional arrangements, the authors carry out a comparative analysis of how and to what extent these regimes have contributed to effective implementation of the Straddling Fish Stocks Agreement. They also raise questions regarding the need for reform of the agreement in light of regional experiences.

                                                                                                                                                                      Find this resource:

                                                                                                                                                                      • Leary, David Kenneth. International Law and the Genetic Resources of the Deep Sea. Publications on Ocean Development 56. Leiden, The Netherlands, and Boston: Martinus Nijhoff, 2007.

                                                                                                                                                                        E-mail Citation »

                                                                                                                                                                        The deep sea remains an area where there is very important potential to discover genetic, biological, and other resources that are new and unknown. This book examines how international law governs a range of activities in the deep sea, including bioprospecting, and other forms of marine scientific research. It also provides suggestions for how to balance the important interests associated with such activities on and beyond continental shelves.

                                                                                                                                                                        Find this resource:

                                                                                                                                                                        • Rayfuse, Rosemary Gail. Non-Flag State Enforcement in High Seas Fisheries. Publications on Ocean Development 46. Leiden, The Netherlands, and Boston: Martinus Nijhoff, 2004.

                                                                                                                                                                          E-mail Citation »

                                                                                                                                                                          Presented as a case study on the development of enforcement in international law, this book provides a comprehensive examination and legal analysis of state practice relating to management decisions under regional fishery organizations and within the framework of the Straddling Fish Stocks Agreement. It explores the development of exceptions to the primacy of flag-state jurisdiction based on customary international law.

                                                                                                                                                                          Find this resource:

                                                                                                                                                                          • VanderZwaag, David L., and Dawn A. Russell, eds. Recasting Transboundary Fisheries Management Arrangements in Light of Sustainability Principles: Canadian and International Perspectives. Legal Aspects of Sustainable Development 8. Leiden, The Netherlands, and Boston: Martinus Nijhoff, 2010.

                                                                                                                                                                            E-mail Citation »

                                                                                                                                                                            With a primary focus on Canadian bilateral and regional experiences, and drawing mainly on North American and European experiences, this volume, which is mainly based on contributions by the editors, reviews efforts to ensure that international governance of fisheries comply with ecological sustainability requirements. Experiences with implementation of the precautionary principle and ecosystem management are highlighted.

                                                                                                                                                                            Find this resource:

                                                                                                                                                                            • Young, Margaret A. Trading Fish, Saving Fish: The Interaction between Regimes in International Law. Cambridge Studies in International and Comparative Law. Cambridge, UK: Cambridge University Press, 2011.

                                                                                                                                                                              E-mail Citation »

                                                                                                                                                                              Starting out and ending up in the debate concerning fragmentation of international law, this book, which is based on a doctoral dissertation, provides an extensive analysis of how international regulation of fisheries relates to international trade rules, in particular those of the World Trade Organization.

                                                                                                                                                                              Find this resource:

                                                                                                                                                                              Pollution from Ships

                                                                                                                                                                              We can distinguish between three main sources of marine pollution: pollution from ships, land-based sources, and exploration and exploitation of petroleum and mineral resources. The international rules governing these three sources of pollution differ significantly; the two latter sources will therefore be addressed separately. General rules on pollution from ships relating to ordinary operation, dumping, and accidents are set out in Part XII of UNCLOS, and more specific rules are elaborated in treaties, in particular the International Convention for the Prevention of Pollution from Ships MARPOL 73/78, and soft-law instruments adopted by the IMO. Molenaar 1998 provides a highly relevant (although a bit outdated) and in-depth legal study of UNCLOS and relevant IMO treaties from the perspective of coastal states. These subjects were thoroughly studied by a committee organized by the International Law Association in the interest of providing viewpoints on the interpretation of relevant treaty provisions (Franckx 2001). Tan 2005 offers a more updated and political science–based study of the same topic from the perspective of a broad range of actors. Where the efforts to prevent marine pollution fail, we have to determine how to deal with the resulting damages, what should be done by whom, and who should ultimately pay the bill. The most advanced treaties and institutions of international law dealing with reparation and liability have been established by the IMO in relation to vessel-based pollution, and there is a significant literature analyzing such treaties. Faure, et al. 2010 provides an updated study whose focus combines the international regime of vessel-based pollution with state legislation and practice. One controversial issue in this area of international law has been the combination of compulsory insurance and limited liability (Zhu 2007). Although some argue that limited liability leads to unfortunate environmental consequences, others maintain that it is a system that effectively secures the interests of those affected by marine pollution. It has been suggested that the concept of biopollution should be applied to the introduction of alien species through marine transportation. Environmental problems associated with biopollution are likely to increase due to climate change. The IMO recently concluded the International Convention for the Control and Management of Ships Ballast Water and Sediments to prevent environmental damage from ballast water. Rolim, et al. 2008 offers a dense and thoroughly researched analysis of the convention.

                                                                                                                                                                              • Faure, Michael G., Han Lixin, and Shan Hongjun, eds. Maritime Pollution Liability and Policy: China, Europe and the US. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2010.

                                                                                                                                                                                E-mail Citation »

                                                                                                                                                                                Mainly featuring contributions by Chinese scholars and practitioners, and focusing on the International Convention on Civil Liability for Bunker Oil Pollution Damage, this book contributes a multidisciplinary and comparative analysis of the convention and its implementation in key jurisdictions.

                                                                                                                                                                                Find this resource:

                                                                                                                                                                                • Franckx, Erik, ed. Vessel-Source Pollution and Coastal State Jurisdiction: The Work of the ILA Committee on Coastal State Jurisdiction Relating to Marine Pollution (1991–2000). The Hague: Kluwer Law International, 2001.

                                                                                                                                                                                  E-mail Citation »

                                                                                                                                                                                  In addition to setting out the reports and conclusions of the committee that focus on the interpretation of UNCLOS, this publication provides important insight into the practice of ten European countries, as well as Australia, Chile, China, Taiwan, and the United States under UNCLOS and related IMO treaties and MEAs.

                                                                                                                                                                                  Find this resource:

                                                                                                                                                                                  • Molenaar, Erik Jaap. Coastal State Jurisdiction over Vessel-Source Pollution. The Hague: Kluwer Law International, 1998.

                                                                                                                                                                                    E-mail Citation »

                                                                                                                                                                                    Building on the distinction between flag states, coastal states, and port states, as well as the primacy of flag-state jurisdiction, this book is firmly based in the general public international law tradition, and its main focus is on how UNCLOS and IMO treaties regulate coastal states’ ability to intervene to prevent pollution. It pays significant attention to state practice and customary international law perspectives.

                                                                                                                                                                                    Find this resource:

                                                                                                                                                                                    • Rolim, Maria Helena Fonseca de Souza, Erkki Leppäkoski, and Gaetano Librano. The International Law on Ballast Water: Preventing Biopollution. Publications on Ocean Development 63. Leiden, The Netherlands, and Boston: Martinus Nijhoff, 2008.

                                                                                                                                                                                      E-mail Citation »

                                                                                                                                                                                      By combining an analysis of the broader context in which the Ballast Water Convention was adopted and a detailed analysis of the provisions of the treaty and associated instruments, this book offers an insightful and thought-provoking introduction to the convention. It contains extensive annexes with relevant documents.

                                                                                                                                                                                      Find this resource:

                                                                                                                                                                                      • Tan, Alan Khee-Jin. Vessel-Source Marine Pollution: The Law and Politics of International Regulation. Cambridge Studies in International and Comparative Law. Cambridge, UK: Cambridge University Press, 2005.

                                                                                                                                                                                        E-mail Citation »

                                                                                                                                                                                        Based on findings that there is a lack of incentives to comply with international law, in large part due to the lack of enforcement capability, this interdisciplinary and actor-oriented study seeks to reveal the politics behind the law on marine pollution from ships and to explore how pollution (mainly accidental) from ships may be better regulated and reduced within the IMO.

                                                                                                                                                                                        Find this resource:

                                                                                                                                                                                        • Zhu, Ling. Compulsory Insurance and Compensation for Bunker Oil Pollution Damage. Hamburg Studies on Maritime Affairs 5. Berlin: Springer, 2007.

                                                                                                                                                                                          E-mail Citation »

                                                                                                                                                                                          Based on a doctoral thesis, this is a detailed analysis of the background, context, and content of the compulsory insurance scheme established by the Bunker Convention. Because it was written before the convention was implemented, it only deals with issues concerning the practice of states and the IMO to a limited extent.

                                                                                                                                                                                          Find this resource:

                                                                                                                                                                                          Other Forms of Marine Pollution

                                                                                                                                                                                          There are various sources of noise in the marine environment, including in particular geological surveys, fishing, marine scientific research, and military activities. There is limited knowledge of the effects of noise on marine organisms and, consequently, few international rules that explicitly deal with the potential challenges they face in terms of noise. McCarthy 2004 offers the first extensive analysis of noise from the perspective of international law. Industry, agriculture, household, and other land-based activities are the major sources of general marine pollution (some estimates indicate as much as 80 percent). Even if such sources of marine pollution have been recognized as a serious challenge, only a limited number of regional MEAs deal with the challenges they pose, and there is a limited literature in this field. Hassan 2006 provides an overview and analysis of relevant treaties, customary law, and general principles regarding land-based marine pollution.

                                                                                                                                                                                          • Hassan, Daud. Protecting the Marine Environment from Land-Based Sources of Pollution: Toward Effective International Cooperation. Aldershot, UK: Ashgate, 2006.

                                                                                                                                                                                            E-mail Citation »

                                                                                                                                                                                            Although not fully up to date, this book identifies the sources and effects of land-based sources of marine pollution; explores current international regulation of these sources, in particular the general and vague provisions of UNCLOS and regional rules; and examines obstacles to establishing international control mechanisms for them. Against this background and a case study from the Bay of Bengal region, the book recommends the adoption of a global MEA.

                                                                                                                                                                                            Find this resource:

                                                                                                                                                                                            • McCarthy, Elena. International Regulation of Underwater Sound: Establishing Rules and Standards to Address Ocean Noise Pollution. Boston: Kluwer Academic, 2004.

                                                                                                                                                                                              E-mail Citation »

                                                                                                                                                                                              Based on a doctoral dissertation, this book provides a thorough analysis of available sources of international law, in particular the relevant provisions of UNCLOS. Given the lack of specific treaty obligations, the Convention on Long-Range Transboundary Air Pollution, the establishment of marine protected areas, and the use of ocean zoning are explored as models that could be followed when developing regulatory frameworks.

                                                                                                                                                                                              Find this resource:

                                                                                                                                                                                              Watercourses Management

                                                                                                                                                                                              The regulatory framework for the use of international watercourses has developed over several millennia (Dellapenna and Gupta 2009). Environmental aspects of such rules have traditionally focused on the quality and amount of water available for human needs. Rules concerning other environmental aspects are recent and have mainly been developed in a national context. Despite the fact that it has so far failed to gather support from enough countries to enter into force, the UN Convention on the Law of the Non-Navigational Uses of International Watercourses has been a milestone for the development of a focus on environmental issues in international watercourses law. McCaffrey 2007 provides an authoritative introduction to and analysis of the context of the convention as well as of the convention itself. McIntyre 2007 discusses environmental issues in the context of international watercourses law. As is the case for marine pollution from land-based sources, international watercourses law has essentially developed in a regional context. There is a wealth of literature on the various regional regimes. Islam 2010, which provides an analysis of regional regimes in Asia from the perspective of sustainable development, is an excellent representative of this literature.

                                                                                                                                                                                              • Dellapenna, Joseph W., and Joyeeta Gupta, eds. The Evolution of the Law and Politics of Water. New York: Springer, 2009.

                                                                                                                                                                                                E-mail Citation »

                                                                                                                                                                                                On the basis of the historic understanding of five thousand years of water governance as well as overviews of the national regimes of watercourses management of eight key countries, this collection of essays provides a multidisciplinary and case-oriented introduction to current issues in five regional regimes as well as international water law.

                                                                                                                                                                                                Find this resource:

                                                                                                                                                                                                • Islam, Nahid. The Law of Non-Navigational Use of International Watercourses: Options for Regional Regime Building in Asia. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2010.

                                                                                                                                                                                                  E-mail Citation »

                                                                                                                                                                                                  On the basis of an interdisciplinary approach, extensive analyses of the Western and Asian approaches to watercourses regimes, and case studies of governance of the Mekong and the Ganges Rivers, this book emphasizes participatory processes as key to establishing sustainable and environmentally sound regimes for managing water resources in Asia.

                                                                                                                                                                                                  Find this resource:

                                                                                                                                                                                                  • McCaffrey, Stephen. The Law of International Watercourses. 2d ed. Oxford International Law Library. Oxford: Oxford University Press, 2007.

                                                                                                                                                                                                    E-mail Citation »

                                                                                                                                                                                                    Written by an academic who was closely involved in the drafting of the UN Watercourses Convention, this book provides a solid basis for those seeking a guide to international watercourses law. Against the background of a detailed discussion of the theoretical foundation of this law, it considers major cases and the core rules of the convention in depth.

                                                                                                                                                                                                    Find this resource:

                                                                                                                                                                                                    • McIntyre, Owen. Environmental Protection of International Watercourses under International Law. Aldershot, UK: Ashgate, 2007.

                                                                                                                                                                                                      E-mail Citation »

                                                                                                                                                                                                      This extensively researched and well-presented book first examines the relationship between environmental protection and the two main principles of international watercourses law: equitable use and no harm. Thereafter, it proceeds to examine how substantive principles and procedural rules of international environmental law have been accommodated in international watercourses law.

                                                                                                                                                                                                      Find this resource:

                                                                                                                                                                                                      Polar Areas

                                                                                                                                                                                                      The two polar areas, the Arctic and Antarctic, differ significantly in their physical appearance and with regard to biodiversity and biological resources as well as in terms of regulatory regimes. Despite such differences (or perhaps thanks to the differences), many authors engage in a discussion of parallels, comparisons, and lessons to be learned regarding these regions. Vidas 2007 offers introductions to and comparisons of the regimes for environmental protection in the Arctic and Antarctic. Fauchald, et al. 2009 provides updated analyses of key challenges and issues in both regions. Despite efforts to develop comparable legal and institutional structures to protect the environment in the polar areas, the regimes and challenges for the Arctic and Antarctic remain far apart. Only the Antarctic has been subject to significant international environmental regulation based on the Protocol on Environmental Protection to the Antarctic Treaty (Bastmeijer 2003). Although climate change poses significant challenges for both poles, climate change is more acute in the Arctic and preparations for a warmer Arctic have been significant at national and regional levels (Koivurova, et al. 2009).

                                                                                                                                                                                                      • Bastmeijer, Kees. The Antarctic Environmental Protocol and Its Domestic Legal Implementation. International Environmental Law & Policy 65. The Hague: Kluwer Law International, 2003.

                                                                                                                                                                                                        E-mail Citation »

                                                                                                                                                                                                        After an overview of the context and background of the Protocol on Environmental Protection to the Antarctic Treaty, the book proceeds to give a detailed analysis of its implementation in the United Kingdom, New Zealand, South Africa, and the Netherlands, focusing on environmental impact assessments and authorization of activities as well as supervision and enforcement. Against this background, the author provides recommendations for ensuring more effective environmental protection of the Antarctic.

                                                                                                                                                                                                        Find this resource:

                                                                                                                                                                                                        • Fauchald, Ole Kristian, David Hunter, and Wang Xi, eds. Yearbook of International Environmental Law. Vol. 20. Oxford: Oxford University Press, 2010.

                                                                                                                                                                                                          E-mail Citation »

                                                                                                                                                                                                          This volume of the Yearbook of International Environmental Law contains six contributions on polar issues, including jurisdictional disputes in the Antarctic and Arctic, management of Antarctic marine living resources, South African perspectives on the Antarctic regime, cooperation in the Arctic to combat adverse effects of climate change, and iced freshwater resources.

                                                                                                                                                                                                          Find this resource:

                                                                                                                                                                                                          • Koivurova, Timo E., Carina H. Keskitalo, and Nigel Bankes, eds. Climate Governance in the Arctic. Environment & Policy 50. Dordrecht, The Netherlands: Springer, 2009.

                                                                                                                                                                                                            E-mail Citation »

                                                                                                                                                                                                            Focusing on mitigation and adaptation from an institutional perspective, this edited collection takes a comprehensive approach to the challenges facing the Arctic due to climate change. After providing a factual and institutional basis, it proceeds to discuss a variety of issues, including fisheries, natural and cultural heritage, indigenous peoples, the energy sector, and polar bears.

                                                                                                                                                                                                            Find this resource:

                                                                                                                                                                                                            • Vidas, Davor, ed. Protecting the Polar Marine Environment: Law and Policy for Pollution Prevention. Cambridge, UK: Cambridge University Press, 2007.

                                                                                                                                                                                                              E-mail Citation »

                                                                                                                                                                                                              Based on a research project, this volume discusses in detail the extent to which MEAs are applicable to or relevant for the Arctic and Antarctic marine areas, and, to a lesser degree, whether more specific regional and national instruments are adequate responses to polar environmental challenges. Particular attention is paid to land-based activities, radioactive waste dumping, and shipping in ice-covered waters.

                                                                                                                                                                                                              Find this resource:

                                                                                                                                                                                                              Hazardous Materials and Activities

                                                                                                                                                                                                              Hazardous materials and activities pose short-term and long-term environmental challenges. Most of the recent multilateral environmental agreements (MEAs) focus on the longer-term environmental challenges that proceed from the accumulation and global distribution of hazardous substances. One important measure that can be taken is to ensure environmentally sound management of hazardous materials and activities. The prior informed consent approach in international trade has developed in recognition of the fact that countries have varying human, regulatory, and institutional capacities to deal with challenges associated with hazardous materials (Langlet 2009). The origin of the informed consent approach in this field is the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Kummer 1995). Clapp 2001 considers the most controversial topic in the history of the Basel Convention: the ban on exporting hazardous waste from Organization for Economic Cooperation and Development (OECD) countries to non-OECD countries. Despite the controversies surrounding the convention’s ban amendment, informed consent approaches have prevailed in many subsequent treaties. In this context, Selin 2010 and Olsen 2003 examine the key instruments: the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade and the Stockholm Convention on Persistent Organic Pollutants. The informed consent approach is not equally prominent in all areas of international regulation of hazardous materials and activities. Puthucherril 2010 shows the complexities of setting up appropriate international rules to secure sustainable ship recycling. Nuclear materials and activities have traditionally been regulated through a broad range of international instruments that have focused on the prevention of accidents, as well as procedures and safeguards in case an accident should occur. As regulatory initiatives and associated literature have been generated by past accidents, the existing literature is rather old (Adede 1987). However, this is likely to change as a consequence of the accident at the Fukushima Daiichi nuclear power plant in northern Japan in 2011.

                                                                                                                                                                                                              • Adede, Andronico O. The IAEA Notification and Assistance Conventions in Case of a Nuclear Accident. London: Graham & Trotman, 1987.

                                                                                                                                                                                                                E-mail Citation »

                                                                                                                                                                                                                Written by the former legal advisor to the International Atomic Energy Agency (IAEA), this brief book provides details of the drafting histories of two key IAEA treaties adopted in the context of the Chernobyl accident and contains some analyses of the procedural arrangements established by the treaties.

                                                                                                                                                                                                                Find this resource:

                                                                                                                                                                                                                • Clapp, Jennifer. Toxic Exports: The Transfer of Hazardous Wastes from Rich to Poor Countries. Ithaca, NY: Cornell University Press, 2001.

                                                                                                                                                                                                                  E-mail Citation »

                                                                                                                                                                                                                  This brief book, which analyzes the ban amendment from international relations perspectives, points out that efforts to stop some kinds of exports are likely to lead to increases in other equally harmful practices—for example, industries relocating toxic wastes to poor countries. The book argues that increased attention should be paid to the role to be played by multinational enterprises and environmental nongovernmental organizations.

                                                                                                                                                                                                                  Find this resource:

                                                                                                                                                                                                                  • Kummer, Katharina. International Management of Hazardous Wastes: The Basel Convention and Related Legal Rules. Oxford Monographs in International Law. Oxford: Oxford University Press, 1995.

                                                                                                                                                                                                                    E-mail Citation »

                                                                                                                                                                                                                    Written by a person who has since become the head of the Secretariat of the Basel Convention, this book is considered by many to be the standard work on the convention despite being outdated (a preface was added to the 1999 paperback edition to update it). The book analyzes the relationship with other rules and proposes ways toward a comprehensive global regulatory regime for hazardous waste management.

                                                                                                                                                                                                                    Find this resource:

                                                                                                                                                                                                                    • Langlet, David. Prior Informed Consent and Hazardous Trade: Regulating Trade in Hazardous Goods at the Intersection of Sovereignty, Free Trade and Environmental Protection. Energy and Environmental Law and Policy 3. Alphen aan den Rijn, The Netherlands: Kluwer International Law, 2009.

                                                                                                                                                                                                                      E-mail Citation »

                                                                                                                                                                                                                      Based on a doctoral thesis, this book takes a comprehensive approach to international regulation of transboundary shipments of hazardous substances. It evaluates advantages and disadvantages of such regulation, including a comparison of the MEAs covering hazardous waste, hazardous chemicals, and genetically modified organisms based on their ability to protect the environment and human health, accommodate new information, and ensure effective decision making.

                                                                                                                                                                                                                      Find this resource:

                                                                                                                                                                                                                      • Olsen, Marco Antonio. Analysis of the Stockholm Convention on Persistent Organic Pollutants. Dobbs Ferry, NY: Oceana, 2003.

                                                                                                                                                                                                                        E-mail Citation »

                                                                                                                                                                                                                        This brief, systematic, and accessible book provides an introduction to the basic features of the Stockholm Convention. Published before the implementation of the convention, the book mainly provides an analysis of its content, context, and background and not of subsequent state and institutional practice.

                                                                                                                                                                                                                        Find this resource:

                                                                                                                                                                                                                        • Puthucherril, Tony George. From Shipbreaking to Sustainable Ship Recycling. Legal Aspects of Sustainable Development 5. Leiden, The Netherlands, and Boston: Martinus Nijhoff, 2010.

                                                                                                                                                                                                                          E-mail Citation »

                                                                                                                                                                                                                          Adopted as recently as 2009, the IMO International Convention for the Safe and Environmentally Sound Recycling of Ships is not yet ready for final judgment concerning its effectiveness. Nevertheless, based on Indian experiences, this book assesses the strengths and weaknesses of the convention and argues that the convention may not succeed because it fails to strike a balance between environmental protection, human rights, and commercial realities.

                                                                                                                                                                                                                          Find this resource:

                                                                                                                                                                                                                          • Selin, Henrik. Global Governance of Hazardous Chemicals: Challenges of Multilevel Management. Politics, Science, and the Environment. Cambridge, MA: MIT Press, 2010.

                                                                                                                                                                                                                            E-mail Citation »

                                                                                                                                                                                                                            On the basis of a political science and governance-oriented approach, this book describes the evolution of the MEAs that constitute the global chemicals management regime, with a focus on coalitions and institutional linkages. The book generates insight into complex and multiscale governance issues and provides advice for those seeking effective multilevel governance in other areas.

                                                                                                                                                                                                                            Find this resource:

                                                                                                                                                                                                                            Duty to Cooperate

                                                                                                                                                                                                                            One topic that has remained on the agenda of the International Law Commission (ILC) for more than four decades is international liability for injurious consequences arising out of acts not prohibited by international law. In 2001, the ILC adopted Draft Articles on Prevention of Transboundary Harm from Hazardous Activities, which mainly represents an attempt to codify existing customary law. The UN General Assembly has not taken further action on these draft articles. Hence, there is no general or global multilateral environmental agreement (MEA) to clarify the general duties to cooperate to prevent transboundary environmental harm. Nevertheless, there is a significant body of soft-law instruments, including the Rio Declaration on Environment and Development, regional and bilateral treaties, and case law by the International Court of Justice and other international tribunals. Although the prevention of significant transboundary environmental harm is generally thought to be at the core of the duty to cooperate, the procedural aspects of this duty are the most important in practice. The duty to carry out environmental impact assessments (EIAs) in a transboundary context, as set out in the Espoo Convention on Environmental Impact Assessment in a Transboundary Context, is the main element of the procedural aspects (Craik 2008, Bastmeijer and Koivurova 2007). Pallemaerts 2011 contains some additional procedural aspects of relevance to the duty to cooperate.

                                                                                                                                                                                                                            • Bastmeijer, Kees, and Timo Koivurova, eds. Theory and Practice of Transboundary Environmental Impact Assessment. Legal Aspects of Sustainable Development 1. Leiden, The Netherlands, and Boston: Martinus Nijhoff, 2007.

                                                                                                                                                                                                                              E-mail Citation »

                                                                                                                                                                                                                              Experts with practical and academic backgrounds contribute case studies of thirteen differing systems of transboundary EIAs, including regional EIA regimes, EIA regimes for international and shared areas, and EIA regimes of financial institutions. On the basis of these studies, the concluding chapter identifies best practices and future options for EIAs in a transboundary context.

                                                                                                                                                                                                                              Find this resource:

                                                                                                                                                                                                                              • Craik, Neil. The International Law of Environmental Impact Assessment: Process, Substance and Integration. Cambridge Studies in International and Comparative Law. Cambridge, UK: Cambridge University Press, 2008.

                                                                                                                                                                                                                                E-mail Citation »

                                                                                                                                                                                                                                This book, which is based on an interdisciplinary doctoral dissertation, starts out with an extensive analysis of existing MEAs and customary-law duties to carry out EIAs. On this basis as well as on the basis of several case studies of EIA processes in transnational contexts, it discusses how MEAs involving EIA commitments influence countries’ practice, and the advantages and disadvantages of using EIA as an element of international environmental law.

                                                                                                                                                                                                                                Find this resource:

                                                                                                                                                                                                                                • Pallemaerts, Marc, ed. The Aarhus Convention at Ten: Interactions and Tensions between Conventional International Law and EU Environmental Law. Avosetta 9. Groningen, The Netherlands: Europa Law, 2011.

                                                                                                                                                                                                                                  E-mail Citation »

                                                                                                                                                                                                                                  Featuring the contributions of seventeen experts on the Aarhus Convention, this book mainly focuses on the relationship between the convention and the European Union but also considers a number of topics of broader interest, including the implementation, challenges, synergies, and conflicts among the three pillars of the Aarhus Convention.

                                                                                                                                                                                                                                  Find this resource:

                                                                                                                                                                                                                                  Environmental Responsibility and Liability

                                                                                                                                                                                                                                  When considering environmental responsibility and liability, we must take into account three main distinctions that have crystallized over the years: first, the distinction between state responsibility and state liability, which is based on whether the act or omission in question is unlawful (state responsibility) or lawful (state liability) under international law; second, the distinction between international rules concerning state liability and civil liability, which is based on whether the multilateral environmental agreement (MEA) in question set out rules concerning the liability of states or private parties; third, the distinction between the primary rules and secondary rules of international law, which is mainly based on the International Law Commission’s (ILC’s) distinction between rules defining the lawfulness of an act or omission under international law (primary rules) and general rules of international law concerning conditions for and consequences of the unlawfulness (secondary rules). In the following sub sections, we identify texts that discuss all of these aspects of environmental responsibility and liability. They primarily address state responsibility and liability together and keep civil liability separate. In addition, we refer to a body of literature that addresses the issue of environmental damage and valuation, which is relevant to both state responsibility and liability and civil liability.

                                                                                                                                                                                                                                  State Responsibility and Liability

                                                                                                                                                                                                                                  One of the milestones of public international law is the ILC’s adoption of the Draft Articles on Responsibility of States for Internationally Wrongful Acts in 2001. Even if the UN General Assembly has not yet decided how to follow up on the draft articles, these articles have had significant impact on discourses about public international law, including international environmental law. Although there are hardly any MEAs that address state liability, the draft articles contain several provisions that are highly relevant to state liability and that, in combination with the aforementioned duty to prevent significant transboundary environmental harm (Bratspies and Miller 2010), provide a regulatory framework. Such liability has traditionally been discussed mainly in relation to transboundary air pollution (Okowa 2000). In recent years, the discussion has taken on developing country perspectives (Xue 2003), and it has been extended to cases in which it is harder to identify a causal nexus between specific acts and omissions attributable to a state and the environmental harm suffered, such as in the case of climate change (Verheyen 2005).

                                                                                                                                                                                                                                  • Bratspies, Rebecca M., and Russell A. Miller, eds. Transboundary Harm in International Law: Lessons from the Trail Smelter Arbitration. Cambridge, UK: Cambridge University Press, 2010.

                                                                                                                                                                                                                                    E-mail Citation »

                                                                                                                                                                                                                                    Featuring conference papers and reprints of three selected articles that have a common starting point in the famous Trail Smelter Arbitration between the United States and Canada, this book contains contrasting discussions of the arbitration and explores the complexities and nuances of current transboundary environmental challenges and the relevance of state liability as an approach to resolving the challenges. It also examines the arbitration’s significance for resolving other transboundary challenges.

                                                                                                                                                                                                                                    Find this resource:

                                                                                                                                                                                                                                    • Okowa, Phoebe. State Responsibility for Transboundary Air Pollution in International Law. Oxford: Oxford University Press, 2000.

                                                                                                                                                                                                                                      E-mail Citation »

                                                                                                                                                                                                                                      Based on a doctoral dissertation, the book presents a thorough review of MEAs and state practice concerning transboundary air pollution, focusing in particular on situations in which there are multiple emitters of pollution. Although the book concludes that the general rules of international law are adequate to ensuring state responsibility in theory, it also observes that the rules are not applied accordingly in practice.

                                                                                                                                                                                                                                      Find this resource:

                                                                                                                                                                                                                                      • Verheyen, Roda. Climate Change Damage and International Law: Prevention Duties and State Responsibility. Developments in International Law 54. Leiden, The Netherlands, and Boston: Martinus Nijhoff, 2005.

                                                                                                                                                                                                                                        E-mail Citation »

                                                                                                                                                                                                                                        This doctoral dissertation, which in part is based on the author’s engagement in the Climate Justice Programme, presents a comprehensive assessment of states’ duties with regard to harm caused by climate change in light of a broad range of MEAs and customary international law. Against this background and on the basis of three case studies, the book argues that states could incur liability for such harm.

                                                                                                                                                                                                                                        Find this resource:

                                                                                                                                                                                                                                        • Xue Hanqin. Transboundary Damage in International Law. Cambridge Studies in International and Comparative Law. Cambridge, UK: Cambridge University Press, 2003.

                                                                                                                                                                                                                                          E-mail Citation »

                                                                                                                                                                                                                                          This significantly revised doctoral dissertation discusses responsibility and liability for accidental and nonaccidental damages as well as damages to the global commons. With a dual revision of the book and gaining of a position with the Chinese Ministry of Foreign Affairs, the author combines a well-researched academic contribution and significant attention to the perspectives of practitioners and developing countries.

                                                                                                                                                                                                                                          Find this resource:

                                                                                                                                                                                                                                          Civil Liability

                                                                                                                                                                                                                                          The International Maritime Organization (IMO) treaties that address civil liability have received significant support and have been effective in some cases. The same is not the case for treaties on environmental civil liability, which after negotiation frequently fail to get implemented. The potential of civil liability to prevent and remedy environmental damage is contested. Whereas Larsson 1999 sees a significant potential for liability-based approaches despite certain shortcomings, Bergkamp 2001 concludes that such approaches have limited usefulness. An additional and complicating perspective that has emerged in recent negotiations of civil liability under MEAs is its relationship to international trade (Holtby, et al. 2007).

                                                                                                                                                                                                                                          • Bergkamp, Lucas. Liability and Environment: Private and Public Law Aspects of Civil Liability for Environmental Harm in an International Context. The Hague and London: Kluwer Law International, 2001.

                                                                                                                                                                                                                                            E-mail Citation »

                                                                                                                                                                                                                                            On the basis of a largely theoretical and multidisciplinary discussion of state and civil liability under international, European Community, and national law, and taking into account the “polluter pays” pays principle, this book concludes that countries should only to a limited extent rely on prevention through liability, and that we should instead use an objective fault liability regime, in which public environmental law defines the standard of care.

                                                                                                                                                                                                                                            Find this resource:

                                                                                                                                                                                                                                            • Holtby, Kareen L., William A. Kerr, and Jill E. Hobbs. International Environmental Liability and Barriers to Trade: Market Access and Biodiversity in the Biosafety Protocol. Cheltenham, UK, and Northampton, MA: Edward Elgar, 2007.

                                                                                                                                                                                                                                              E-mail Citation »

                                                                                                                                                                                                                                              In light of the trade controversies surrounding genetically modified organisms, this brief and easily accessible book written by agricultural economists explores whether an international liability regime, which has since been finalized in 2010, can facilitate international trade while contributing effectively to environmental protection. The authors conclude that a liability regime might have such dual effects in situations where countries of import have “valid” environmental and human health concerns.

                                                                                                                                                                                                                                              Find this resource:

                                                                                                                                                                                                                                              • Larsson, Marie-Louise. The Law of Environmental Damage: Liability and Reparation. The Hague: Kluwer Law International, 1999.

                                                                                                                                                                                                                                                E-mail Citation »

                                                                                                                                                                                                                                                Based on a doctoral dissertation, this book discusses civil liability mainly on the basis of IMO treaties and European schemes as well as national regimes in Sweden, the United States, the United Kingdom, and Germany. Using a theory of environmental efficiency, the study discusses the reparative effect of liability rules and concludes that the schemes examined do not achieve the goal of full restitution due to inherent structural shortcomings.

                                                                                                                                                                                                                                                Find this resource:

                                                                                                                                                                                                                                                Environmental Damage and Valuation

                                                                                                                                                                                                                                                Valuation in the context of liability is among the most difficult and complex topics dealt with in international tribunals. Such valuation is frequently resolved on the basis of a brief analysis of available evidence in light of general considerations of equity. Given that valuation of environmental damage raises many additional issues, which is illustrated by the current debate on payment for ecosystem services, it is not surprising that many scholars have struggled to clarify the rules to be applied. Reis 2011 identifies and explains the essential role of international judges in light of the impossibility of agreeing on detailed rules through international negotiations. Taking more of a regulatory approach, Boyle and Bowman 2002 highlights the need for a broad and systematic evaluation of environmental damage in light of the many contexts in which such damage is becoming relevant.

                                                                                                                                                                                                                                                • Boyle, Alan, and Michael Bowman, eds. Environmental Damage in International and Comparative Law: Problems of Definition and Valuation. Oxford: Oxford University Press, 2002.

                                                                                                                                                                                                                                                  E-mail Citation »

                                                                                                                                                                                                                                                  By including contributions from authors with a broad range of backgrounds, this book provides a comprehensive approach to the valuation of environmental damage, including the value of biodiversity and such distinct issues as genetically modified organisms, indigenous peoples, environmental impact assessment, the practice of the UN Compensation Commission, and marine pollution. The book also provides overviews of valuation regimes in a diverse group of countries and regions.

                                                                                                                                                                                                                                                  Find this resource:

                                                                                                                                                                                                                                                  • Reis, Tarcísio Hardman. Compensation for Environmental Damages under International Law: The Role of the International Judge. Energy and Environmental Law & Policy Series 17. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2011.

                                                                                                                                                                                                                                                    E-mail Citation »

                                                                                                                                                                                                                                                    Based on an analysis of case law, liability treaties, and soft-law instruments, this study considers the elements of fair compensation in international law and concludes that the standard of general international law cannot be applied to environmental damage due to different perceptions of property, natural resources, ecosystems, and the public good. It identifies elements for the compensation of environmental damage to be applied on a case-by-case basis.

                                                                                                                                                                                                                                                    Find this resource:

                                                                                                                                                                                                                                                    Institutions and Procedures

                                                                                                                                                                                                                                                    After providing an overview of literature concerning international environmental institutions, this section proceeds to address the role of civil society under international environmental law (IEL). Thereafter, it follows the literature concerning three key aspects and challenges of IEL: implementation, compliance, and enforcement. Last, a separate subsection for dispute settlement is called for, despite the minor role that such procedures have had in relation to multilateral environmental agreements (MEAs) so far.

                                                                                                                                                                                                                                                    Institutions

                                                                                                                                                                                                                                                    The combination of the ad hoc development of IEL and the political reluctance to establish strong institutional structures has the consequence that international environmental institutions are among the most complex issues within the law of international institutions (Desai 2004). Although efforts to reform the UN Environment Programme (UNEP) have mostly failed, there have been more successful efforts to coordinate MEAs and their secretariats. Desai 2010 provides analyses of the legal framework within which such efforts take place. The extent to which states, international institutions, or other actors are contributing to and controlling the institutional reforms that are observed is a complex issue (Biermann and Siebenhüner 2009, Young 2010). Natural science is an essential element of any MEA, and a broad range of scientific bodies have been established in order to provide background knowledge or direct input into decision-making processes of MEAs. In addition, social science is playing an increasing role within many of these scientific bodies in reinforcing the link between science and policy. Winter 2006 provides a significant contribution to our understanding of the resulting institutional links and processes.

                                                                                                                                                                                                                                                    • Biermann, Frank, and Bernd Siebenhüner, eds. Managers of Global Change: The Influence of International Environmental Bureaucracies. Cambridge, MA: MIT Press, 2009.

                                                                                                                                                                                                                                                      E-mail Citation »

                                                                                                                                                                                                                                                      Based on a four-year research program that resulted in nine in-depth case studies of bureaucracies ranging in subject matter from MEA secretariats to the (former) environment department of the World Bank, this edited collection, which combines sociological institutionalism, organization theory, and international relations, explores the phenomenon that, despite parallels regarding the institutional and legal framework, the influence of bureaucracies differs significantly.

                                                                                                                                                                                                                                                      Find this resource:

                                                                                                                                                                                                                                                      • Desai, Bharat H. Institutionalizing International Environmental Law. Ardsley, NY: Transnational, 2004.

                                                                                                                                                                                                                                                        E-mail Citation »

                                                                                                                                                                                                                                                        This thorough study of the linkage between the development of IEL and international environmental institutions indicates that the institutional design of IEL has essentially been determined by the specific needs of states. It reflects states’ functional approach to IEL and related institution building. In addition, the study contributes to our understanding of the phenomenon that, once established, such institutional structures start a life on their own.

                                                                                                                                                                                                                                                        Find this resource:

                                                                                                                                                                                                                                                        • Desai, Bharat H. Multilateral Environmental Agreements: Legal Status of the Secretariats. Cambridge, UK: Cambridge University Press, 2010.

                                                                                                                                                                                                                                                          E-mail Citation »

                                                                                                                                                                                                                                                          Distinguishing between four groups of MEA secretariats (those based in UN Headquarters, the UNEP, UN specialized agencies, and international nongovernmental organizations [NGOs]), this brief book provides thorough analyses of the various legal frameworks within which secretariats operate. The legal capacity of secretariats to define their relationship to host institutions and host countries is an essential element when considering options for international environmental governance.

                                                                                                                                                                                                                                                          Find this resource:

                                                                                                                                                                                                                                                          • Winter, Gerd, ed. Multilevel Governance of Global Environmental Change: Perspectives from Science, Sociology and the Law. Cambridge, UK: Cambridge University Press, 2006.

                                                                                                                                                                                                                                                            E-mail Citation »

                                                                                                                                                                                                                                                            This book represents the outcome of an interdisciplinary research project involving academics from law, sociology, political science, and natural science. On the bases of studies of the climate from an earth-system perspective, environmental governance, and industrial self-regulation, as well as the potential of states, regional regimes, and international regimes, the edited collection suggests a system of multilevel institutions as the way forward for international environmental governance.

                                                                                                                                                                                                                                                            Find this resource:

                                                                                                                                                                                                                                                            • Young, Oran R. Institutional Dynamics: Emergent Patterns in International Environmental Governance. Cambridge, MA: MIT Press, 2010.

                                                                                                                                                                                                                                                              E-mail Citation »

                                                                                                                                                                                                                                                              Based on a reinterpretation of five case studies (on the ozone layer, the Antarctic, climate change, whaling, and northern fur seals), this theory-building book provides us with tools to analyze changes in environmental institutions based on the alignment of internal factors (including flexibility, monitoring procedures, and funding mechanisms) with external factors (including the characteristics of environmental problems, the political and economic contexts, and technological innovations).

                                                                                                                                                                                                                                                              Find this resource:

                                                                                                                                                                                                                                                              Civil Society

                                                                                                                                                                                                                                                              One aspect of civil society in IEL is the various institutional and procedural mechanisms established to promote information, communication, and participation. When comparing IEL to other fields of public international law, one striking feature is the role that civil society plays through a variety of NGOs (Dupuy and Vierucci 2008). Betsill and Corell 2007 discusses the most controversial issue that exists in this context: the participation of NGOs in the negotiations of IEL. A very different perspective on civil society takes as its starting point that private parties are the source of many environmental problems. Significant attention has been paid to the responsibility of multinational corporations to avoid environmental harm and promote sustainable development. Morgera 2009 explores the legal aspects of such responsibilities.

                                                                                                                                                                                                                                                              • Betsill, Michele M., and Elisabeth Corell, eds. NGO Diplomacy: The Influence of Nongovernmental Organizations in International Environmental Negotiations. Cambridge, MA: MIT Press, 2007.

                                                                                                                                                                                                                                                                E-mail Citation »

                                                                                                                                                                                                                                                                On the basis of case studies of climate change, biosafety, desertification, whaling, and forest negotiations, and by employing a rigorous analytical framework for the study of NGO diplomacy in these cases, the six political scientists contributing to this book identify factors that determine the degree of NGO influence in each of these areas.

                                                                                                                                                                                                                                                                Find this resource:

                                                                                                                                                                                                                                                                • Dupuy, Pierre-Marie, and Luisa Vierucci, eds. NGOs in International Law: Efficiency in Flexibility? Cheltenham, UK: Edward Elgar, 2008.

                                                                                                                                                                                                                                                                  E-mail Citation »

                                                                                                                                                                                                                                                                  Although the title of this book indicates that it deals with international law in general, the emphasis on environmental NGOs illustrates their important role in IEL. Two of six chapters deal specifically with environmental NGOs, focusing on NGOs in international environmental law processes and in compliance mechanisms. Each chapter focuses on a different modality of NGO participation.

                                                                                                                                                                                                                                                                  Find this resource:

                                                                                                                                                                                                                                                                  • Morgera, Elisa. Corporate Accountability in International Environmental Law. Oxford and New York: Oxford University Press, 2009.

                                                                                                                                                                                                                                                                    E-mail Citation »

                                                                                                                                                                                                                                                                    Based on a doctoral thesis, this book presents a thorough overview of corporate accountability in IEL that is of relevance to most business sectors as well as the historical and substantive contexts. Drawing on a range of emerging international standards for corporate conduct, the book explores three main mechanisms to secure compliance with the standards: international financial institutions, monitoring through international institutions, and the UN–business partnerships.

                                                                                                                                                                                                                                                                    Find this resource:

                                                                                                                                                                                                                                                                    Implementation, Compliance, and Enforcement

                                                                                                                                                                                                                                                                    The definition of the key concepts implementation, compliance, and enforcement differ between academic disciplines and even within the same discipline. For the purpose of this bibliography, implementation refers to the general measures taken by countries to ensure that they fulfill their obligations under MEAs, compliance refers to specific situations in which a country is found to be in (non-)compliance with its MEA obligations, and enforcement refers to acts by international institutions to bring noncomplying states into compliance and to secure appropriate reparation. Although the distinction between these issues seems easy in theory, they are hard to distinguish in practice, and they are frequently addressed jointly in the literature. In order to ensure effective implementation of MEAs, countries are expected to carry out assessments of the compatibility of their domestic policy and MEA legislation during negotiations and prior to ratification or accession. Ebbesson 1996 discusses the basic categories of international obligations and mechanisms that are essential to such assessments. One main feature of IEL is the priority of facilitative over confrontational approaches to secure implementation of MEAs. Economic considerations based on cost-benefit analyses are thus likely to be essential when countries decide on how to implement MEAs. Revesz, et al. 2008 and Rao 2002 explore cases and methodologies of interest in this context. Compliance issues are increasingly addressed in MEAs through noncompliance procedures. Negotiation of such procedures is, in most cases, delegated to the conferences of parties, and such negotiations are frequently surrounded by controversies. Treves, et al. 2009 provides introductions to and analyses of existing and emerging noncompliance procedures under MEAs. Beyerlin, et al. 2006 takes up additional issues relating to enforcement and dispute settlement.

                                                                                                                                                                                                                                                                    • Beyerlin, Ulrich, Peter-Tobias Stoll, and Rüdiger Wolfrum, eds. Ensuring Compliance with Multilateral Environmental Agreements: A Dialogue between Practitioners and Academia. Leiden, The Netherlands, and Boston: Martinus Nijhoff, 2006.

                                                                                                                                                                                                                                                                      E-mail Citation »

                                                                                                                                                                                                                                                                      By combining a treaty-by-treaty approach with a crosscutting of issues, such as reporting, inspection and monitoring, sanctions, technical and financial assistance, NGOs, and dispute settlement, this volume provides authoritative overviews and analyses of these issues in relation to compliance with and effective enforcement of MEAs.

                                                                                                                                                                                                                                                                      Find this resource:

                                                                                                                                                                                                                                                                      • Ebbesson, Jonas. Compatibility of International and National Environmental Law. London and Boston: Kluwer Law International, 1996.

                                                                                                                                                                                                                                                                        E-mail Citation »

                                                                                                                                                                                                                                                                        Based on a doctoral dissertation, this book discusses the link between IEL and national environmental law based on five categories of international obligations: those defined by balancing norms, those defined by fixed norms, those defined by goal-oriented norms, those relating to domestic procedures, and those based on nondiscrimination. Against this background, the book argues for a relaxation of the distinction between international and national environmental law.

                                                                                                                                                                                                                                                                        Find this resource:

                                                                                                                                                                                                                                                                        • Rao, P. K. International Environmental Law and Economics. Malden, MA: Blackwell, 2002.

                                                                                                                                                                                                                                                                          E-mail Citation »

                                                                                                                                                                                                                                                                          This book presents an integration of law and economics and IEL in the format of a textbook, and it provides starting points and methodologies for assessing implementation problems associated with a broad range of MEAs.

                                                                                                                                                                                                                                                                          Find this resource:

                                                                                                                                                                                                                                                                          • Revesz, Richard L., Philippe Sands, and Richard B. Stewart. Environmental Law, the Economy and Sustainable Development: The United States, the European Union and the International Community. Cambridge, UK: Cambridge University Press, 2008.

                                                                                                                                                                                                                                                                            E-mail Citation »

                                                                                                                                                                                                                                                                            This volume provides a comparative analysis of environmental regulation in multijurisdictional legal and political systems and argues that the characteristics of the environmental problems, including the varying jurisdictional and environmental features in particular, are essential for determining how responsibility should be allocated among the different levels of decision making and implementation.

                                                                                                                                                                                                                                                                            Find this resource:

                                                                                                                                                                                                                                                                            • Treves, Tullio, Laura Pineschi, Attila Tanzi, Cesare Pitea, Chiara Ragni, and Francesca Romanin Jacur, eds. Non-Compliance Procedures and Mechanisms and the Effectiveness of International Environmental Agreements. The Hague: T. M. C. Asser, 2009.

                                                                                                                                                                                                                                                                              E-mail Citation »

                                                                                                                                                                                                                                                                              By bringing together academics and practitioners, this book provides useful overviews of selected compliance mechanisms for MEAs and their practice and examines how such mechanisms relate to public international law as well as European Union law.

                                                                                                                                                                                                                                                                              Find this resource:

                                                                                                                                                                                                                                                                              Dispute Settlement

                                                                                                                                                                                                                                                                              Recent years have seen an increased use of a range of international tribunals in cases that raise environmental issues. Such tribunals include permanent institutions such as the International Court of Justice, the International Tribunal for the Law of the Sea, and the dispute settlement system of the World Trade Organization (WTO), as well as regional mechanisms and arbitration tribunals (Stephens 2009). Concerns have been raised that general tribunals or tribunals that have limited jurisdiction might not be well positioned to address environmental disputes (Foster 2011). In light of the strong focus on implementation and compliance mechanisms in MEAs discussed under Implementation, Compliance, and Enforcement, it can be asked whether there is need for dispute settlement. In practice, most MEAs include provisions for dispute settlement, but such provisions remain disused. Nevertheless, the need for more effective mechanisms for dispute settlement under MEAs is an issue that remains on the table (Shigeta 2010).

                                                                                                                                                                                                                                                                              • Foster, Caroline E. Science and the Precautionary Principle in International Courts and Tribunals: Expert Evidence, Burden of Proof and Finality. Cambridge Studies in International and Comparative Law. Cambridge, UK: Cambridge University Press, 2011.

                                                                                                                                                                                                                                                                                E-mail Citation »

                                                                                                                                                                                                                                                                                On the basis of in-depth studies of a limited number of cases, including the European Communities (EC)–Biotech and EC–Hormones disputes in the WTO in particular, the Pulp Mills on the River Uruguay (Argentina v. Uruguay) and Gabčíkovo-Nagymaros Dam cases in the International Court of Justice, and the MOX Plant and Land Reclamation cases under UNCLOS, this book, which is based on a doctoral dissertation, discusses how the precautionary principle can be accommodated through rules concerning proof and evidence.

                                                                                                                                                                                                                                                                                Find this resource:

                                                                                                                                                                                                                                                                                • Shigeta, Yasuhiro. International Judicial Control of Environmental Protection: Standard Setting, Compliance Control, and the Development of International Environmental Law by the International Judiciary. Energy and Environmental Law & Policy 9. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2010.

                                                                                                                                                                                                                                                                                  E-mail Citation »

                                                                                                                                                                                                                                                                                  Based on a doctoral dissertation, this book provides detailed and theoretical analyses of the extent to which three main functions—standard setting, compliance control, and law development—are fulfilled within the existing regimes for judicial control as well as in the Montreal Protocol noncompliance mechanism.

                                                                                                                                                                                                                                                                                  Find this resource:

                                                                                                                                                                                                                                                                                  • Stephens, Tim. International Courts and Environmental Protection. Cambridge Studies in International and Comparative Law. Cambridge, UK: Cambridge University Press, 2009.

                                                                                                                                                                                                                                                                                    E-mail Citation »

                                                                                                                                                                                                                                                                                    This thoroughly researched book, which is based on a doctoral dissertation, analyzes, assesses, and carefully investigates the effectiveness and usefulness of the variety of international tribunals that apply IEL. It also discusses a range of contemporary challenges, including public-interest proceedings, jurisdictional coordination, and fragmentation of IEL.

                                                                                                                                                                                                                                                                                    Find this resource:

                                                                                                                                                                                                                                                                                    Relationship to Other Fields of International Law

                                                                                                                                                                                                                                                                                    There is an extensive literature on the relationship between international environmental law (IEL) and certain other fields of public international law, in particular international human rights, international trade law, and more recently, international humanitarian law and international investment law. It is noteworthy that there is hardly any literature regarding the relationship between IEL and other areas of public international law, such as international labor law.

                                                                                                                                                                                                                                                                                    Human Rights

                                                                                                                                                                                                                                                                                    The relationship between human rights and environmental protection has been focused on since the 1970s. One aspect that is subject to significant attention is the contribution of international human rights to environmental protection. The other aspect is the need to avoid conflicts between human rights and environment. Leib 2010 provides a philosophical and theoretical framework for considering these two aspects. Humphreys 2010 discusses important issues concerning the relationship between human rights and climate change.

                                                                                                                                                                                                                                                                                    • Humphreys, Stephen, ed. Human Rights and Climate Change. Cambridge, UK: Cambridge University Press, 2010.

                                                                                                                                                                                                                                                                                      E-mail Citation »

                                                                                                                                                                                                                                                                                      Through ten contributions that reflect multiple disciplines and methodological approaches, this book examines a broad range of human rights implications of climate change. It also suggests approaches through which human rights regimes can contribute to accountability for extraterritorial harm as well as to allocating burdens, benefits, rights, and duties among the main stakeholders.

                                                                                                                                                                                                                                                                                      Find this resource:

                                                                                                                                                                                                                                                                                      • Leib, Linda Hajjar. Human Rights and the Environment: Philosophical, Theoretical and Legal Perspectives. Queen Mary Studies in International Law 3. Leiden, The Netherlands, and Boston: Martinus Nijhoff, 2010.

                                                                                                                                                                                                                                                                                        E-mail Citation »

                                                                                                                                                                                                                                                                                        This book points out that new environmental rights are gradually emerging in international law and suggests an adjustment of the human rights regime in light of sustainable development. It also considers the possibility of a rapprochement between environmental ethics and the human rights doctrine as well as theoretical and practical links among key concepts in IEL and international human rights.

                                                                                                                                                                                                                                                                                        Find this resource:

                                                                                                                                                                                                                                                                                        Security and Armed Conflict

                                                                                                                                                                                                                                                                                        The links between environmental conditions and various concepts of security have been discussed over several decades. There is no authoritative definition of security. International security was originally understood as connoting the protection of the state and its vital interests against military attacks by other states. During the 1970s, the security concept was expanded to include environmental aspects. International humanitarian law has been extended to address the protection of the environment and natural resources during armed conflicts. There are concerns that dramatic environmental events caused by humans will have serious consequences and thus represent a threat against the security of states and peoples. In addition, many fear that long-term injustice related to environmental conditions and access to natural resources will have significant security implications. Fauchald, et al. 2009 addresses the legal dimensions of environmental security from such perspectives. There are several treaties that address environmental concerns relating to armed conflicts, including, in particular, the Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques and some others that restrict the use of environmentally harmful weapons. Austin and Bruch 2007 discusses legal, economic, and scientific perspectives of the environmental consequences of war.

                                                                                                                                                                                                                                                                                        • Austin, Jay E., and Carl E. Bruch, eds. The Environmental Consequences of War: Legal, Economic, and Scientific Perspectives. Cambridge, UK: Cambridge University Press, 2007.

                                                                                                                                                                                                                                                                                          E-mail Citation »

                                                                                                                                                                                                                                                                                          Based on contributions from international lawyers, military officers, scientists, and economists, this book provides in-depth and cutting-edge analyses of major environmental issues arising during armed conflict. One main focus is future prospects for international rules. This discussion is based on parallels to relevant rules in peacetime as well as on updated knowledge concerning environmental and health impacts of armed conflict.

                                                                                                                                                                                                                                                                                          Find this resource:

                                                                                                                                                                                                                                                                                          • Fauchald, Ole Kristian, David Hunter, and Wang Xi, eds. Yearbook of International Environmental Law. Vol. 19. Oxford: Oxford University Press, 2009.

                                                                                                                                                                                                                                                                                            E-mail Citation »

                                                                                                                                                                                                                                                                                            This volume contains six contributions on environmental security, including articles on general aspects and the context of environmental security, the protection of natural resources during armed conflict and during peace-building operations, water security, and the emerging concept of sustainable security.

                                                                                                                                                                                                                                                                                            Find this resource:

                                                                                                                                                                                                                                                                                            International Economic Law

                                                                                                                                                                                                                                                                                            Concerns regarding the relationship between trade and the environment arose in the international agenda during the preparations of the Stockholm Conference in 1972 and became a hot political topic during the negotiations of the World Trade Organization (WTO) Agreement and North American Free Trade Agreement during the 1990s. Although negotiations of regulatory responses to possible conflicts between the WTO Agreement and multilateral environmental agreements (MEAs) have been stalled, there has been important development in WTO case law (Bernasconi-Osterwalder and Weiss 2008) and in the academic debate on the topic (Gehring and Segger 2005). In recent years, there have been significant theoretical contributions to the trade-versus-environment debate (Vranes 2009). These contributions have focused on norm and systemic conflicts. There has also been a considerable specialization of the literature concerning trade and environment in recent years. Voigt 2008 discusses the relationship between trade and sustainable development; Epps and Green 2010 studies how the WTO can contribute to mitigate climate change; and Gruszczynski 2010 offers a critical analysis of the regulation of environmental and health risks in the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS). The fragmented nature of both international investment law and IEL is a significant challenge for those attempting to secure synergies and avoid conflicts between these areas of international law. The Organization for Economic Cooperation and Development’s (OECD’s) negotiation of the Multilateral Agreement on Investment in the late 1990s provided the opportunity for environmental officials to get acquainted with the details of investment treaties. The attention generated by the OECD negotiations, which were abandoned in 1998, as well as subsequent bilateral and regional negotiations has since resulted in significant academic activity (Segger, et al. 2011).

                                                                                                                                                                                                                                                                                            • Bernasconi-Osterwalder, Nathalie, and Edith Brown Weiss, eds. Reconciling Environment and Trade. 2d ed. Leiden, The Netherlands: Martinus Nijhoff, 2008.

                                                                                                                                                                                                                                                                                              E-mail Citation »

                                                                                                                                                                                                                                                                                              This voluminous collection of essays offers between three and five in-depth analyses of five environmental disputes that have been dealt with by the WTO dispute settlement mechanism: the Philippines/Thailand cigarettes case, the standards for reformulated and conventional gasoline case, the measures containing meat and meat products case, the import prohibition of certain shrimp and shrimp products case, and the genetically modified organisms case (which has since been resolved on the basis of a panel report).

                                                                                                                                                                                                                                                                                              Find this resource:

                                                                                                                                                                                                                                                                                              • Epps, Tracey, and Andrew Green. Reconciling Trade and Climate: How the WTO Can Help Address Climate Change. Elgar International Economic Law. Cheltenham, UK: Edward Elgar, 2010.

                                                                                                                                                                                                                                                                                                E-mail Citation »

                                                                                                                                                                                                                                                                                                This book argues that there are synergies between the WTO and climate measures based on the identification of three general objectives that are common to the two regimes: mitigating climate change, deterring protectionism, and the need for further development in developing countries. Potential synergies are sought in discussions about domestic policies, unilateral action, and multilateral solutions.

                                                                                                                                                                                                                                                                                                Find this resource:

                                                                                                                                                                                                                                                                                                • Gehring, Markus W., and Marie-Claire Cordonier Segger, eds. Sustainable Development in World Trade Law. Global Trade and Finance 9. The Hague: Kluwer Law International, 2005.

                                                                                                                                                                                                                                                                                                  E-mail Citation »

                                                                                                                                                                                                                                                                                                  This book contains thirteen contributions that review issues in the interface between the WTO and IEL, including a contribution on the social aspects of sustainable development and four contributions discussing sustainable development aspects of regional and bilateral trade regimes. It also addresses three upcoming issues of trade and sustainable development, including human health and precaution. Each contribution is preceded by a preface by a distinguished scholar.

                                                                                                                                                                                                                                                                                                  Find this resource:

                                                                                                                                                                                                                                                                                                  • Gruszczynski, Lukasz. Regulating Health and Environmental Risks under WTO Law: A Critical Analysis of the SPS Agreement. International Economic Law Series. Oxford: Oxford University Press, 2010.

                                                                                                                                                                                                                                                                                                    E-mail Citation »

                                                                                                                                                                                                                                                                                                    Based on a careful study of relevant WTO case law, MEAs, and other international instruments, this book, which is a revised doctoral dissertation, concludes that the SPS Agreement is a workable mechanism that takes into account the complex nature of science and risk assessment and does not compromise WTO members’ legitimate regulatory choices.

                                                                                                                                                                                                                                                                                                    Find this resource:

                                                                                                                                                                                                                                                                                                    • Segger, Marie-Claire Cordonier, Markus W. Gehring, and Andrew Paul Newcombe, eds. Sustainable Development in World Investment Law. Global Trade Law 30. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2011.

                                                                                                                                                                                                                                                                                                      E-mail Citation »

                                                                                                                                                                                                                                                                                                      This volume covers a broad variety of issues associated with sustainable development and international investment law. It seeks and achieves balance between the two issues, illustrated by the fact that the eight chapters that provide suggestions for the future development are equally divided between contributions concerning international investment law and MEAs. Each contribution is preceded by a preface by a distinguished scholar.

                                                                                                                                                                                                                                                                                                      Find this resource:

                                                                                                                                                                                                                                                                                                      • Voigt, Christina. Sustainable Development as a Principle of International Law: Resolving Conflicts between Climate Measures and WTO Law. Legal Aspects of Sustainable Development 2. Leiden, The Netherlands, and Boston: Martinus Nijhoff, 2008.

                                                                                                                                                                                                                                                                                                        E-mail Citation »

                                                                                                                                                                                                                                                                                                        Based on a doctoral dissertation, this book starts out with an extensive discussion of sustainable development as a principle of integration in international law, arguing for a holistic approach. The book identifies potential normative conflicts between climate measures―in particular the Kyoto Protocol’s emissions-trading procedure and Clean Development Mechanism―and the rules of the WTO and discusses sustainable development as a principle to resolve such conflicts.

                                                                                                                                                                                                                                                                                                        Find this resource:

                                                                                                                                                                                                                                                                                                        • Vranes, Erich. Trade and the Environment: Fundamental Issues in International Law, WTO Law, and Legal Theory. International Economic Law Series. Oxford: Oxford University Press, 2009.

                                                                                                                                                                                                                                                                                                          E-mail Citation »

                                                                                                                                                                                                                                                                                                          Based on a habilitation thesis, this book contains in-depth analyses of core concepts of general international law, including conflicts of norms, extraterritorial jurisdiction, unilateralism, and proportionality. In light of these concepts, it proceeds to an examination of nondiscrimination and general exceptions under the General Agreement on Tariffs and Trade as well as issues concerning technical barriers to trade. Last, the findings are tested in case studies of ozone-depleting substances and measures to mitigate climate change.

                                                                                                                                                                                                                                                                                                          Find this resource:

                                                                                                                                                                                                                                                                                                          back to top

                                                                                                                                                                                                                                                                                                          Users without a subscription are not able to see the full content on this page. Please subscribe or login.

                                                                                                                                                                                                                                                                                                          How to Subscribe

                                                                                                                                                                                                                                                                                                          Oxford Bibliographies Online is available by subscription and perpetual access to institutions and individuals. For more information or to contact an Oxford Sales Representative click here.

                                                                                                                                                                                                                                                                                                          Purchase an Ebook Version of This Article

                                                                                                                                                                                                                                                                                                          Ebooks of the Oxford Bibliographies Online subject articles are available in North America via a number of retailers including Amazon, vitalsource, and more. Simply search on their sites for Oxford Bibliographies Online Research Guides and your desired subject article.

                                                                                                                                                                                                                                                                                                          If you would like to purchase an eBook article and live outside North America please email onlinemarketing@oup.com to express your interest.

                                                                                                                                                                                                                                                                                                          Article

                                                                                                                                                                                                                                                                                                          Up

                                                                                                                                                                                                                                                                                                          Down