International Environmental Law: A Case Study Analysis

Half Title
Title Page
Copyright Page
Table of Contents
Forewords
	AMBASSADOR STUART E. EIZENSTAT
	AMBASSADOR THOMAS A. SHANNON JR.
Acknowledgements
List of abbreviations
Chapter 1: Introduction
	AIM OF THE BOOK
	METHODOLOGY ADOPTED
	DEFINING THE ENVIRONMENT
	WHY PROTECT THE ENVIRONMENT?
	THE CONCEPTS OF EXPLOITATION, CONSERVATION AND PRESERVATION
	A BRIEF HISTORY OF INTERNATIONAL ENVIRONMENTAL LAW-MAKING
	STRUCTURE OF THE BOOK
	NOTES
Chapter 2: Stakeholders in international environmental regimes
	INTRODUCTION
	THE ROLE OF THE STATE
	THE ROLE OF NON-STATE ACTORS
	NOTES
Chapter 3: Antarctic regime and mineral exploitation
	INTRODUCTION
	A BRIEF HISTORY OF ANTARCTICA
	ANTARCTICA AND THE SEARCH FOR MINERALS
	BUILDING THE ANTARCTIC REGIME
	THE ANTARCTIC TREATY AND MINERAL EXPLOITATION
	WHY THE PUSH TO EXPLOIT ANTARCTICA’S MINERALS?
	ENGOS AND ANTARCTIC MINERAL EXPLOITATION
	ANTARCTIC TREATY CONSULTATIVE PARTIES AND MINERAL EXPLOITATION
	ENGOS DURING THE 1970S
	THE CREATION OF THE WELLINGTON CONVENTION (CRAMRA)
	ENGO RESPONSES TO THE CRAMRA NEGOTIATIONS
	ENGO OPPOSITION TO CRAMRA
	WHY DID CRAMRA FAIL TO BE RATIFIED?
	THE NEGOTIATION OF THE MADRID PROTOCOL
	CONCLUSION
	NOTES
Chapter 4: Tropical timber
	INTRODUCTION
	THE ENVIRONMENTAL ROLE OF TROPICAL FORESTS
	TROPICAL FOREST DEFORESTATION
	CAUSES OF TROPICAL FOREST DEFORESTATION
	BUILDING AN INTERNATIONAL TROPICAL TIMBER REGIME?
	THE ENGOS AND THE TROPICAL TIMBER REGIME
	THE INTERNATIONAL TROPICAL TIMBER AGREEMENT
	THE INTERNATIONAL TROPICAL TIMBER ORGANIZATION
	THE ENGO RESPONSE TO THE NEW ITTO
	SUSTAINABLE FOREST MANAGEMENT
	SUSTAINABLE LABELLING
	THE ITTO AND THE YEAR 2000 OBJECTIVE
	THE 1994 SUCCESSOR AGREEMENT NEGOTIATIONS
	THE YEAR 2000 REPORT
	SUCCESSOR AGREEMENT TO THE INTERNATIONAL TROPICAL TIMBER AGREEMENT 2006
	CONCLUSION: THE UNCERTAIN FUTURE OF THE ITTO?
	NOTES
Chapter 5: Atmospheric ozone
	INTRODUCTION
	THE DISCOVERY OF OZONE, OZONE-DEPLETING SUBSTANCES AND THE OZONE LAYER
	CRAFTING THE 1985 VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER
	THE 1985 VIENNA MEETING
	THE GENEVA MEETING 1986
	THE MONTREAL PROTOCOL NEGOTIATIONS
	NEGOTIATION OUTCOMES
	SIGNING AND RATIFICATION OF THE PROTOCOL
	IS THE MONTREAL PROTOCOL A SUCCESS OR FAILURE?
	INDUSTRY REACTION POST-MONTREAL
	ENTRENCHING THE MONTREAL PROTOCOL
	THE POST-MONTREAL PROTOCOL MEETINGS
	THE 1990 MEETING AND LONDON AMENDMENT
	THE 1991 MEETING COPENHAGEN AMENDMENT
	THE 1993 BANGKOK MEETING
	THE 1995 VIENNA MEETING
	THE 1997 MONTREAL MEETING AND AMENDMENT
	THE 1998 BEIJING MEETING AND AMENDMENT
	THE 2004 MONTREAL MEETING
	THE 2007 MONTREAL MEETING
	THE 2009 GENEVA MEETING
	THE 2010 BANGKOK MEETING
	THE 2011 BALI MEETING
	THE 2012 GENEVA MEETING
	THE 2014 PARIS MEETING
	THE 2015 DUBAI MEETING
	THE 2016 GENEVA MEETING
	THE 2016 KIGALI MEETING AND AMENDMENT
	THE 2017 MONTREAL MEETING
	THE 2018 QUITO MEETING
	CONCLUSION
	NOTES
Chapter 6: Climate change I
	INTRODUCTION
	THE SCIENCE OF CLIMATE CHANGE AND ITS POTENTIAL IMPLICATIONS
	THE CLIMATE GOVERNANCE ECOSYSTEM
	EVOLUTION OF THE CLIMATE GOVERNANCE ECOSYSTEM
	STATE INTERESTS AND GENERAL POSITIONS
	THE INC SESSIONS
	SETTING – AND UPSETTING – NEW UNFCCC RULES (“TOP DOWN/TWO TIER”)
	LEAD-UP TO THE 1997 KYOTO PROTOCOL
	THE KYOTO PROTOCOL
	POLITICAL CHANGE POST-KYOTO AND CIVIL SOCIETY’S RESPONSE
	NOTES
Chapter 7: Climate change II
	INTRODUCTION
	THE KYOTO/NON-KYOTO PERIOD AND THE CLIMATE GOVERNANCE ECOSYSTEM
	THE KYOTO PROTOCOL GOES INTO EFFECT
	THE BALI ROADMAP AND ACTION PLAN (2007) AND THE COPENHAGEN ACCORD (2009)
	THE PARIS CONFERENCE, COP 21 AND THE PARIS DECISION AND AGREEMENT
	POST PARIS
	SLOUCHING TOWARDS GLOBAL CLIMATE GOVERNANCE: CONTINUED EVOLUTION OF THE CLIMATE GOVERNANCE SYSTEM
	NOTES
Chapter 8: Biological diversity
	INTRODUCTION
	PROPERTY RIGHTS TO GENETIC RESOURCES
	BIOPROSPECTING V BIOPIRACY
	DRAFTING THE CONVENTION
	THE CONVENTION ON BIOLOGICAL DIVERSITY
	HOW SUCCESSFUL WAS THE CBD INITIALLY?
	THE FIRST COP MEETING
	THE CARTAGENA PROTOCOL ON BIOSAFETY
	THE NEGOTIATIONS
	KEY PROVISIONS OF THE PROTOCOL
	THE NAGOYA – KUALA LUMPUR SUPPLEMENTARY PROTOCOL ON LIABILITY AND REDRESS
	KEY PROVISIONS OF THE SUPPLEMENTARY PROTOCOL
	THE NAGOYA PROTOCOL ON ACCESS AND BENEFIT SHARING
	THE NAGOYA PROTOCOL: KEY PROVISIONS
	CBD MEETINGS AFTER THE PROTOCOLS
	CONCLUSION
	NOTES
Chapter 9: The oceans
	INTRODUCTION
	TWENTIETH-CENTURY CODIFICATION EFFORTS
	POLYMETALLIC NODULES, THE DEEP SEABED ANDTHE UN SEABED COMMITTEE (1967–1973)
	THE UNCLOS III NEGOTIATIONS (1973–1982)
	SPECIFIC TOPICS OF NEGOTIATION
	THE CONVENTION IN OUTLINE
	“PIONEER INVESTORS” AND THE RECIPROCATING STATES REGIME (1982–1994)
	THE 1994 IMPLEMENTATION AGREEMENT
	THE UN FISH STOCKS AGREEMENT
	CONCLUSION
	NOTES
Chapter 10: Whaling
	INTRODUCTION
	GLOBAL INDUSTRIAL EXPLOITATION OF WHALES
	BUILDING A GLOBAL WHALING REGIME
	THE INTERNATIONAL CONVENTION FOR THE REGULATION OF WHALING (1946)
	SCIENTISTS AND THE INTERNATIONAL WHALING COMMISSION
	ENGOS AND THE INTERNATIONAL WHALING COMMISSION
	THE PUSH TO IMPOSE A MORATORIUM
	AFTER THE WHALING MORATORIUM
	CONTESTING THE DEFINITION OF ‘CONSERVATION’ IN THE ICRW
	IWC SCIENTIFIC PERMITS AND WHALING
	THE “IRISH PROPOSAL” FOR THE FUTURE OF THE IWC
	THE PROPOSED CONSENSUS DECISION TO IMPROVE THE CONSERVATION OF WHALES
	THE 2010 MOROCCO MEETING
	A LOST DECADE? SUBSEQUENT IWC MEETINGS
	THE 2018 BRAZIL MEETING
	JAPAN WITHDRAWS FROM THE IWC
	CONCLUSION
	NOTES
Chapter 11: Atlantic tuna
	INTRODUCTION
	GLOBAL FISH PRODUCTION AND CONSUMPTION
	THE GLOBAL TUNA INDUSTRY
	THE CREATION OF THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNA
	THE INTERNATIONAL CONVENTION FOR THE CONSERVATION OF TUNAS
	ICCAT STRUCTURE
	BIRTH OF ICCAT 1966–1981
	BIRTH OF ICCAT 1966–1981
	ICCAT IN THE 1980S: A REGIME ADRIFT
	ICCAT IN THE 1990S: CONSERVATIONISTS RUN OUTOF PATIENCE
	SEEKING AN ALTERNATIVE REMEDY: GOING TO CITES
	ICCAT’S RESPONSE TO THE THREAT
	THE IMPACT OF ENGOS
	ICCAT IN THE 2000S: CHANGE IS IN THE AIR
	RFMO PERFORMANCE REVIEW
	SUSPENDING THE FISHERIES: A MORATORIUM?
	2008 INDEPENDENT PERFORMANCE REVIEW OF ICCAT
	FORTIETH ANNIVERSARY OF ICCAT
	2010 CITES MEETING: A FINAL ROLL OF THE DICE
	2011 ONWARDS: A GLIMMER OF HOPE?
	REPORT OF THE SECOND INDEPENDENT PERFORMANCE REVIEW OF ICCAT
	THE 2017 MEETING, MOROCCO
	THE 2018 SPECIAL MEETING, DUBROVNIK
	CONCLUSION
	NOTES
Chapter 12: External actors: The Sea Shepherd Conservation Society
	INTRODUCTION
	BACKGROUND OF PAUL WATSON
	CREATING THE SEA SHEPHERD CONSERVATION SOCIETY
	PHILOSOPHY OF THE SSCS
	ORGANISATIONAL STRUCTURE
	STRATEGY AND TACTICS
	SEA SHEPHERDS AND ATTITUDES TO VIOLENCE
	THE SSCS RATIONALE FOR THEM TO END JAPANESE SCIENTIFIC WHALING
	THE FIRST ACTION AGAINST WHALING: RAMMING THE PIRATE WHALING SHIP THE SIERRA
	THE SEA SHEPHERDS VS. JAPANESE ANTARCTIC SCIENTIFIC WHALING
	PAUL WATSON ARRESTED
	PAUL WATSON SKIPS BAIL
	INJUNCTION LEVIED ON PAUL WATSON AND THE SSCS
	OPERATION ZERO TOLERANCE
	ENDING THE HUNT?
	CONCLUSION: ARE THE SSCS METHODS COUNTERPRODUCTIVE?
	NOTES
Chapter 13: The future of international environmental law
	INTRODUCTION
	PART I
	THE PROBLEM OF STATE SOVEREIGNTY
	SUPRANATIONAL ENVIRONMENTAL INSTITUTIONS
	THE “CRITICAL COUNTRY” APPROACH
	SHIFTING FROM WESTPHALIAN DOMINANCE TO PARTICIPATION IN THE IEL GOVERNANCE ECOSYSTEM
	A UNIFIED FIELD THEORY?: INTEGRATING REGIMES
	PART II
	A NEW GENERATION OF ENVIRONMENTAL PROBLEMS
	PLASTIC POLLUTION
	PHYTOPLANKTON
	THE ARCTIC REGIME
	ENVIRONMENTAL DISPLACEMENT
	CONCLUSION
	NOTES
Index
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