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Enforcement of International Environmental Law: Challenges and Responses at the International Level [Kietas viršelis]

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The international community has generated several hundred multilateral environmental agreements, yet it has been far less successful in developing means to ensure that contracting parties honour them in practice. The subject of law enforcement has traditionally attracted relatively little attention amongst international policy-makers at the formation stage of a multilateral environmental accord. Commonly, the question of how to secure collective adherence to environmental treaty regimes might well only be considered in depth at a much later stage of an environmental agreement’s evolution, if at all. At the same time, the significance of the issue of enforcement has gradually received more considered attention by states and international institutions. Providing an analysis of the nature, extent and current state of the international legal framework concerned with enhancing effective implementation of international environmental law, this book considers the scope and impact of international rules of law whose remit is to require or promote compliance by states with their international environmental legal obligations.

Preface vii
Table of cases
ix
Table of treaties and environmental legislation
xiii
Table of abbreviations
xvii
PART I Challenges of enforcing International Environmental Law
1(18)
1 Introduction
3(4)
2 Implementation shortcomings and international reaction
7(4)
3 Reflections on terminology and theoretical perspectives concerning enforcement of International Environmental Law
11(8)
PART II The international legal framework relating to the enforcement of International Environmental Law
19(46)
4 Traditional bilateral dispute resolution principles and mechanisms
21(11)
5 The role of collective compliance mechanisms in International Environmental Law
32(20)
6 The European Union's special enforcement mechanisms
52(13)
PART III Sanctions
65(6)
7 Sanctions for non-compliance in International Environmental Law
67(4)
PART IV Reflections on international enforcement of International Environmental Law
71(6)
8 Concluding remarks
73(4)
Bibliography 77(5)
Index 82
Dr Martin Hedemann-Robinson is a Senior Lecturer in Law at the University of Kent, UK, and a former legal administrator of the European Commission.