紹介
In this publication, a number of recognized practitioners and scholars undertake to explore the realities and the conceptual underpinnings of environmental compliance mechanisms. In a relative short period of time, such mechanisms were introduced in a wide range of new and existing environmental regimes. Yet, little is known about their function in practice and their implications. This is puzzling when considering, that the new mechanisms considerably depart from traditional patterns of counteraction and dispute settlement. Instead they build on partnership and cooperation and include a wide range of possible reactions, which range from those having coercive power to supportive measures. Quite a number of those mechanisms and their functioning are explained in the publication in order to lay ground for some cross-cutting analysis, which covers inter alia reporting, inspection and monitoring, supportive financial incentives and the interrelationship between compliance mechanisms and the principle of state responsibility and dispute settlement. Finally, the role of non-governmental organizations is addressed.
Practitioners and scholars in international environmental affairs and international law more generally will importantly benefit from the inside views and thorough reflection as provided for in this book.
目次
Preface, Ulrich Beyerlin, Introduction, Karsten Sach, Enforcement Mechanisms in International Law and International Environmental Law, Jutta Brunnee, Compliance with the Multilateral Environmental Agreements to Protect the Ozone Layer, K. Madhava Sarma, Practice of the Implementation Committee under the Convention on long-range Transboundary Air Pollution, Tuomas Kuokkanen, The Framework Convention on Climate Change and the Kyoto Protocol, Rudiger Wolfrum/Jurgen Friedrich, Ensuring Compliance with the Basel Convention - its Unique Features, Akiho Shibata, Remarks about the Cites Compliance Regime, Susan Biniaz, OSPAR Convention on the Protection of the Marine Environment of the North-East Atlantic, Alan Simcock, Compliance with the 1992 Convention on the Protection of the Environment of the Baltic Sea Area (the "Helsinki Convention"), Malgosia Fitzmaurice, Compliance Control in International Conventions on the Protection of the Marine Environment against Oil Pollution, Thomas A. Mensah, Practice of Compliance Control within the Framework of the Protection of Marine Living Resources, William R. Edeson, Comment on the Compliance Control Mechanism within the Framework of the International Whaling Convention, Patricia Birnie, Cross-cutting Issues Related to Ensuring Compliance with MEAs, Elizabeth Maruma Mrema, Reporting Obligations and Assessment of Reports, Alexandre Kiss, Ensuring Compliance with Multilateral Environmental Agreements - Systems of Inspection and External Monitoring, Michael Bothe, Sanctions in Case of Non-Compliance and State Responsibility: pacta sunt servanda - Or Else?, Peter H. Sand, Technical and Financial Assistance and Compliance: the Interplay, Laurence Boisson de Chazournes, Financial and Other Incentives for Complying with MEA Obligations, Nele Matz, The Role of NGOs in the Process of Ensuring Compliance with MEAs, Astrid Epiney, Non-compliance and Dispute Settlement, Philippe Sands, Conclusions drawn from the Conference on Ensuring Compliance with MEAs, Ulrich Beyerlin - Peter-Tobias Stoll - Rudiger Wolfrum, List of Contributors, Index.
