Conflicts in International Environmental Law

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Springer Science & Business Media, Jul 22, 2003 - Law - 213 pages
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This volume is an important contribution to both theoretical and practical approaches to solving contradictions and conflicts between the approaches, principles, objectives and regulations of international environmental agreements. The issue of the coordination and streamlining of environmental agreements is of growing importance regarding the increasing number of international regulations on the one hand and the urgency for effective instruments in the light of continuing environmental degradation on the other. This study will become an essential reference for scholars as well as practitioners working in the field of international environmental law.

 

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Contents

Conflicts between Environmental Agreements
1
One Reason for Conflicts in International Environmental Law
4
an Approach to Categorization
6
1 Conceptual Conflicts between Different Approaches or Programs
7
2 Conflicting Objectives
8
3 Conflicting Obligations
10
4 Conflicts in the Implementation Phase
11
6 Conclusions Concerning the Categorization of Conflicts
12
Approaches to the Coordination of International Environmental Agreements
119
B Conflict Clauses in International Environmental Agreements
120
II The Formulation of Conflict Clauses in Environmental Agreements
122
1 Clauses that Provide for the Preference of Existing Treaties
123
b When Does an Instrument Exist?
126
2 Clauses that Provide for an Agreements Priority over Existing and Future Agreements
127
III Conclusions
128
C The Law of Treaties and its Capacity to Solve Conflicts
129

B The Law of the Sea and International Environmental Law
13
II Conflicts between the Convention on the Law of the Sea and the Convention on Biological Diversity
15
1 The Scope and Application of the Convention on Biological Diversity in Regard to the Marine Environment
16
2 The Conservation and Management of Living Resources
19
b The Establishment of Protected Areas
22
Different Concepts of Access and Conservation
24
4 Conclusions
30
III The Regime Governing Polar Regions in Relation to the Law of the Sea
31
2 The Convention on the Law of the Sea and Polar Regions
34
b Part XII UNCLOS and its Application to Polar Regions
35
c Article 194 UNCLOS and the Protection of the Polar Marine Environment
37
d Article 197 UNCLOS and Cooperation on a Regional Basis
39
f Conclusion
40
aa The Applicability of MARPOL 7378 Provisions to Polar Regions
41
a Comparison
44
c Dumping
48
bb The Provisions on Dumping under the Environmental Protocol to the Antarctic Treaty and the Law of the Sea
50
d Pollution from Landbased Sources
51
e Intervention and Other Matters
54
f Protection and Conservation of Fauna and Flora
55
g Exploration and Exploitation of Marine Living Resources in Antarctica and under the Convention on the Law of the Sea
56
bb Whaling
58
C International Agreements Concerning Global Environmental Problems
62
II The Relation between Agreements Concerning Nature Conservation and Biological Diversity
63
the CBD and Nature Conservation Agreements
64
2 Categories of Agreements Concerned with Nature Conservation and the Development of International Nature Conservation Law
66
a The Protection of Species
67
b The Issue of Genetic Resources
69
dThe Next Stage
70
3 The Scope of the Convention on Biological Diversity in Contrast to Other Agreements Concerned with Nature Conservation
72
4 Conflicts or a Chance for Cooperative Supplementation?
74
an Approach to Mutual Reinforcement
77
III Conflicts between the Convention on Biological Diversity the Kyoto Protocol and the Convention to Combat Desertification
78
1 Conflicts between the Convention on Biological Diversity and the Kyoto Protocol to the Framework Convention on Climate Change
79
b Sinks and Flexible Mechanisms under the Kyoto Protocol
82
c The Creation of Sinks and Potential Adverse Effects on Biological Diversity
87
d Conclusions Concerning the Relation between the Convention on Biological Diversity and the Kyoto Protocol
91
2 The Convention to Combat Desertification and the Convention on Biological Diversity
93
b Potential Conflicts between the Convention on Biological Diversity and the Convention to Combat Desertification
96
bb Conflicts Arising out of Implementation
98
IV Conflicts Related to the Regime on Transport and Disposal of Wastes
99
2 The Basel Convention and the Bamako Convention
100
3 The Basel Convention and the Bamako Convention and Their Relationship with International Instruments Concerning Landbased Pollution and Du...
104
4 Conclusions
109
V Disposal of Disused Offshore Installations
110
3 Conclusions
112
2 Does the Basel Convention Cover the Recycling of Ships?
113
a The Consideration of Vessels as Wastes
115
b The Responsibilities of the State of Export
116
3 Conclusions
117
2 The Distinction between Lawmaking and Contractual Treaties and its Relevance
131
II Treaty Interpretation as a Means of Harmonization
133
1 The Basic Rules on the Interpretation of Treaties
134
a The Ordinary Meaning Rule of Interpretation
135
the Context
138
3 The Provisions of Article 31 para 3 VCLT
139
a Subsequent Agreements and Authentic Interpretation
140
b State Practice
143
c Rules of International Law
144
4 Conclusion
146
III The Regulation of Conflicts by the Vienna Convention on the Law of Treaties
147
2 The Scope of Article 30 VCLT
148
IV Article 60 VCLT
151
V Lex posterior and lex specialis
152
1 Lex posterior as a General Rule of International Law
153
2 Lex specialis as a General Rule of International Law
155
VI Conclusions
158
D Cooperation and International Environmental Governance
159
2 Forms of Cooperation and Their Relevance
161
3 Institutional Cooperation and Loss of State Sovereignty
163
II The Institutional Structure of International Environmental Agreements
164
2 Treaty Organs and Their Functions
165
a The Conference of the Parties
166
b The Secretariat
168
c Scientific and Technical Subsidiary Organs
169
III Means of Cooperation between Agreements
170
2 The Exchange of Information between Treaty Organs
171
3 Memoranda of Understanding or Cooperation
173
4 Partnerships and Joint Activities of Treaties
174
IV Cooperation by International Organizations
175
2 The Role of the United Nations
176
a Decisions of the UN General Assembly Regarding the Coordination of International Environmental Law
177
b Other UN Institutions Dealing with Environmental Matters
179
V The Role of UNEP with Respect to the Coordination of International Environmental Agreements
181
2 UNEPs Activities Concerning the Coordination of Agreements
186
b UNEPs Activities Concerning International Environmental Governance
188
c The Coordination of Biodiversityrelated Agreements by UNEP
190
d Conclusions
191
VI The Role of the CSD in Regard to the Coordination of Treaties
192
2 The Relationship between the CSD and UNEP
194
1 The Role of the GEF
195
a Function and Organization of the GEF
196
b The Relationship between the GEF and Environmental Agreements
197
c The Coordination of Projects within the GEF
200
2 Conclusions
202
VIII A Coordination of International Treaties by Nongovernmental Organizations
204
2 Obstacles Concerning the Role of NGOs and the Coordination of International Law
206
3 Consequences for the Cooperative Coordination of Treaties
208
E Conclusions and Outlook
209
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