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Daniel, Anne. "Preserving the global environment, compliance with international environment treaties is key." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq20970.pdf.
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Pevato, Paula Monica. "International law and the right to environment : encouraging environmental cooperation via the international protection of human rights." Thesis, London School of Economics and Political Science (University of London), 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.286363.
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This thesis revolves around one central question, the thesis' leilmotif. 'What is a right to environment in contemporary internationalegal theory and practiceT In the course of determining a right to environment's legal status, historical and modem human rights theories are considered. The author demonstrates that most writers have fallen into various rights traps, for instance, when they refrain from considering a right to environment as something other than a human right, such as a non-right, a concept of international environmental cooperation (IEC), or simply one of many goals of international human rights and environmental law and policy (Chapter 2). The author continues the examination of the leitmotif by consulting the sources of internationall aw enumeratedin Article 38(l) of the Statuteo f the InternationalC ourt of Justice, viz., custom, convention, general principles of law, and subsidiary sources Oudicial decisions and teachings of highly qualified publicists), from the perspective of the policy science school of thought. From this legal philosophical perspective, international law is viewed as a process, a system of authoritative decision-making wherein policy choices play a role, thereby expanding the analysis from a strict positive law perspective. Thus, in addition to the 'traditional' sources, the author conducts an exhaustive analysis of 'soft law' sources, including resolutions and declarations; conventional and extra-conventional mechanisms to international human rights treaties (States parties periodic reports, concluding observations, summary records, views in communications, general comments); conference reports, background studies; and conceptso f EEC,p articularly sustainabled evelopment,a mong others,f or indications of any consensuso n a right to environment( Chapters3 and 4). t The author's research is completed by a thorough analysis of many human rights tensions, such as the inherent restrictions within human rights treaty regimes themselves (viz., derogations, limitations, reservations, the principle of legality, drittwirkung, among others), or due to other tensions in public international law, most notably sovereignty issues and competing interests manifested as anthropocentricity, property rights, international trade, development, and aboriginal issues (Chapter 5). These tensions add further hurdles to a human right to environment's fulfilment. The author deduces from an examination of specific human rights, IEC concepts, case law, States parties' periodic reports, and other sources of international law, that the characteristicsa genericr ight to environmentm ight possessa lready exist within various substantive and procedural rights, whilst other attributes are more suitably addressed via a plethora of conventional mechanisms and policies pertaining to international law for the environment. A right to environment does not exist in international law, whether described as a human right, general principle of law, or otherwise. Its recognition would merely duplicate rights and obligations and is thereforeu nnecessaryT. he author concludes that the ultimate goal of a right to environment -- the attainment of a satisfactory quality of life within a healthy, ecologically balanced environment for present and future generations, all thriving in the human and natural worlds -- are encouraged without an expressly recognized right to environment.
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Li, Zhao. "Securities regulation in the international environment." Thesis, University of Glasgow, 2009. http://theses.gla.ac.uk/691/.
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It is undisputed that the world’s securities markets are becoming increasingly international and increasingly integrated. The internationalization of the world’s securities markets is one of the most significant developments affecting the securities markets of many nations. “How should regulators respond?” is an issue that is hotly contested. The purpose of this thesis is not to introduce a new theory but rather to offer a comprehensive analysis of past and present practice, in order to identify what is effective and what is not. There are three competing approaches to international securities regulation – harmonization, regulatory competition and cooperation. Thus the thesis analyzes these three leading current theoretical arguments in turn as paradigms for international securities regulation. On this basis, the paper will focus on these three approaches and address the fundamental questions posed by the internationalization of securities markets: which regulatory approach is the proper and best way to govern securities regulation in the new international market? Are there any areas which need to be improved? And therefore, how can international regulation be improved? The thesis will answer these questions in two ways: in theory and in practical application. With regard to theory, the thesis examines the definitions and arguments given to each approach. Harmonization is the idea that rules and regulations should be standardized across countries as much as possible. In contrast to the harmonization is the regulatory competition approach. Under this model, countries do not coordinate with one another – each country is free to enact whatever rules and regulations it chooses. Whereas, the third approach cooperation traditionally is an instrument to reduce conflicts and tensions. International cooperation is defined as conscious policy coordination among states. On a practical level, the thesis delineates the current stage of harmonization, regulatory competition and cooperation developments in the EU, US, as well as internationally. It should be recognized that each of the three securities regulatory approaches analyzed in this thesis have contributed much towards international securities regulation. However, as discussed each approach has its problems, none is perfect. As long as there are regulations, there will be abuses and room for improvements. One of major problem in the international arena is that there are no international law-making institutions vested with legal authority to address these issues. Instead of a formal international securities regulator there is a set of international institutions which include a limited number of countries which produce standards and norms that are then adopted by national authorities on a voluntary basis. Because of the diversity, complexity, and universality of issues likely to continue to arise over the next decade, a single international body should be considered to facilitate world cooperation in addressing these issues.
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Kuokkanen, Tuomas. "International law and the environment variations on a theme /." The Hague ; London : Kluwer Law International, 2002. http://www.ebrary.com/.
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冼澤榮 and Chak-wing Simon Sin. "International business environment: air services agreement." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1997. http://hub.hku.hk/bib/B31268286.
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Khanum, Farjina. "Trade and environment : striking a balance in international law." Thesis, University of Nottingham, 2012. http://eprints.nottingham.ac.uk/14363/.
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This thesis seeks to balance trade and environmental concerns in international law. It studies a number of multilateral environmental and trade agreements to observe the extent to which environmental and trade treaty regimes have made allowances for each other's interests, and whether allowed such interests to be disregarded or overridden in practice. Serious questions remain, however, about the compatibility between overlapping environmental and trade rules in the absence of a clear authority relationship or means of securing unity in the international legal order as a whole. The international legal system does not possess well-developed hierarchies; thus, none of the agreements inherently takes precedence in the event of a conflict. Consequently, the aim should be to achieve a better harmonization of the two regimes through available mechanisms. The multilateral trade agreements have made allowances and included exceptions with regard to the protection of environmental concerns. However, the precise way in which trade institutions balance environmental considerations by comparison with trade considerations is likely to prove critically important for the protection of the environment. It is for this reason that this thesis analyses the current balance between trade and environmental considerations in the international legal order, and proposes ways for improving its coherence.
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A-Khavari, Afshin. "Environmental Principles and Change in International Law and Politics." Thesis, Griffith University, 2009. http://hdl.handle.net/10072/366628.
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Since the 1972 Declaration at United Nations Conference on the Human Environment, and subsequently the 1992 United Nations Declaration on Environment and Development, environmental principles have been frequently used at the international level in different institutional forums made up of a variety of actors including States and transnational corporations. There are a range of environmental principles which are either abstracted from broader episteme or established as open-textured norms within international environmental law and politics. Given how often they are used at the international level in negotiations, agreements, codes of conduct, or litigation within international courts and tribunals, this work studies whether as abstract and open-textured norms they have a role and function in changing international law and politics. It draws on the concept of social learning, in contrast to socialisation, as the dynamic for changing international law and politics. Environmental principles have to interplay with or constitute processes that can socially persuade or influence actors to establish interlocking beliefs, or to collectively identify with a particular culture. As such, what matters is how groups of actors create meaning from norms in their direct and diffuse interactions with each other, rather than whether individual actors comply with their obligations in accordance with environmental principles. Using three different case studies this work argues that environmental principles are significant for changing international law and politics. Their role and function in this process is relative to the weight and meaning that groups of actors give to them. As abstract and open-textured norms, environmental principles function as frames or structures for ideas and discourses which groups use to create meaning from. Their specific role and function during the interactions of actors’ is variable and depends on how they interplay with or constitute the processes that steer social learning. In this way, they can for example privilege certain discourses or provide groups with the creative impetus for the approaches that they might take to issues. Alternatively, they can establish the terms for how actors’ will socially associate a particular kind of membership within groups. Their versatility and flexibility in ideologically steering the common and collective responses of actors’ to protecting the environment from harm is essential to their significance in changing international law and politics.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Law
Arts, Education and Law
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Stephens, Tim. "The Role of International Courts and Tribunals in International Environmental Law." Thesis, The University of Sydney, 2005. http://hdl.handle.net/2123/706.
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International environmental law is one of the most dynamic fields of public international law, and has rapidly acquired great breadth and sophistication. Yet the rate of global environmental decline has also increased and is accelerating. Halting and reversing this process is a challenge of effective governance, requiring institutions that can ensure that the now impressive body of environmental norms is faithfully implemented. This thesis explores whether and to what extent international courts and tribunals can play a useful role in international environmental regimes. Consideration is given to the threefold function of adjudication in resolving environmental disputes, in promoting compliance with environmental standards, and in developing environmental rules. The thesis is divided into three Parts. The first Part examines the spectrum of adjudicative bodies that have been involved in the resolution of environmental disputes, situates these within the evolution of institutions for compliance control, and offers a reassessment of their relevance in contemporary environmental governance. The second Part critically assesses the contribution that arbitral awards and judicial decisions have made to the development of norms and principles of environmental law, examining case law relating to transboundary pollution, shared freshwater resources and marine environmental protection. In the third Part of the thesis consideration is given to three looming challenges for international environmental litigation: accommodating greater levels of public participation in adjudicative processes, resolving practical problems stemming from the interaction among multiple jurisdictions, and ensuring that specialised courts and tribunals do not apply environmental norms in a parochial manner that privileges the policy objectives of issue-specific regimes.
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Stephens, Tim. "The Role of International Courts and Tribunals in International Environmental Law." University of Sydney. Law, 2005. http://hdl.handle.net/2123/706.
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International environmental law is one of the most dynamic fields of public international law, and has rapidly acquired great breadth and sophistication. Yet the rate of global environmental decline has also increased and is accelerating. Halting and reversing this process is a challenge of effective governance, requiring institutions that can ensure that the now impressive body of environmental norms is faithfully implemented. This thesis explores whether and to what extent international courts and tribunals can play a useful role in international environmental regimes. Consideration is given to the threefold function of adjudication in resolving environmental disputes, in promoting compliance with environmental standards, and in developing environmental rules. The thesis is divided into three Parts. The first Part examines the spectrum of adjudicative bodies that have been involved in the resolution of environmental disputes, situates these within the evolution of institutions for compliance control, and offers a reassessment of their relevance in contemporary environmental governance. The second Part critically assesses the contribution that arbitral awards and judicial decisions have made to the development of norms and principles of environmental law, examining case law relating to transboundary pollution, shared freshwater resources and marine environmental protection. In the third Part of the thesis consideration is given to three looming challenges for international environmental litigation: accommodating greater levels of public participation in adjudicative processes, resolving practical problems stemming from the interaction among multiple jurisdictions, and ensuring that specialised courts and tribunals do not apply environmental norms in a parochial manner that privileges the policy objectives of issue-specific regimes.
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Darby, Jonathan Michael. "The role of adjudication in the resolution of international environmental disputes and the development of international environment law." Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.607996.
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Motloung, Tebogo Wilfred. "Human rights and international environmental law: Towards the development of an international environmental right?" University of the Western Cape, 2018. http://hdl.handle.net/11394/6543.
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Magister Legum - LLMThe global state of the environment is deteriorating daily because of challenges posed by environmental degradation, including climate change. In recognition of the mounting global environmental crisis and its detrimental impact on the enjoyment of human rights, there is a growing call for the recognition of what is generally referred to as a human right to a clean environment, otherwise referred to in this study as an international environmental right. Proponents of an international environmental right hold a firm view that such a right will prevent or mitigate actions that are responsible for environmental degradation and thus contribute to environmental protection. This study seeks to determine the nature of the relationship between the environment and human rights and whether the proposal for the recognition of an international environmental right to address global environmental concerns that pose a threat to the enjoyment of human rights has merit. In determining the viability of recognising an international environmental right, a number of theories underpinning the recognition of new international human rights, the status of the right in existing international human rights agreements, political willingness and support of states, the notion of global constitutionalism, customary international law sources such as soft law instruments, international declarations etc., are considered.
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Tiar, T. "The role of UNEP in the development of international environmental law." Thesis, University of Southampton, 1986. http://catalog.hathitrust.org/api/volumes/oclc/23366967.html.
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Thesis (Ph. D.)--University of Southampton, Faculty of Law, 1986.Typescript. Typescript Cover title. At head of title: University of Southampton, Faculty of Law. Includes bibliographical references (leaves 399-412).
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Dufton, David J. "Is there a human right to a clean environment?" Thesis, Click to view the E-thesis via HKUTO, 1994. http://sunzi.lib.hku.hk/HKUTO/record/B38627802.
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Thiratangsathira, Urasee. "The precautionary principle in international environmental law (with a special focus on the marine environment of Thailand)." Thesis, Queen Mary, University of London, 2010. http://qmro.qmul.ac.uk/xmlui/handle/123456789/405.
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Although rather recently-emerged principle in the history of international environmental law, arguably, the precautionary principle is more controversial than other principles. Many questions are still unanswered which make further examination of the precautionary principle necessary. In relation to the Law of the Sea, the precautionary principle has been summoned to restrict various marine activities relating to marine pollution, fisheries, and transports of radioactive and hazardous substances, etc. Indeed, the purpose of this study is to examine the present state of affairs regarding the implementation of the precautionary principle in the Law of the Sea, with a particular focus on marine pollution, in order to find a relationship therein. The thesis begins with an introduction into the history and some basic importance of the precautionary principle under general international law. It exemplifies the requirements for state practice as accepted custom, which would also be the applied standard for ultimately evaluating whether the precautionary principle has evolved into a rule of customary international law. Furthermore, in the subsequent part of the thesis, the implementations of the precautionary principle will be scrutinised through the (in-depth) analysis of treaties, declarations, resolutions, national laws and strategies (of Thailand, especially), which will paint numerous pictures of how the precautionary principle has been put into practice over the years. Finally, the main findings of these two parts are summarised. The study shows that despite its ambiguity, the precautionary principle has direct and primary relevance for environmental protection. It recognises a legal character in the concept further than legislative processes, and a flexibility of interpretation within legal rules to boost environmental protection both at the international and national levels. A large number of publications on the precautionary principle have been made over recent years, but the need for explanation still remains. It is not claimed, but merely hoped that the outcomes of this study will put certain things in order.
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Lusk, Adam. "Arguing Security: Rhetoric, Media Environment, and Threat Legitimation." Diss., Temple University Libraries, 2010. http://cdm16002.contentdm.oclc.org/cdm/ref/collection/p245801coll10/id/65998.
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Political SciencePh.D.
In this dissertation, I study the process of gaining public consent about a security threat, or threat legitimation. Threats require legitimation because they are social facts and not objective truths or subjective perceptions. I argue rhetorical resources and strategies affect threat legitimation. Political actors deploy rhetorical resources and strategies in order to generate consent. The rhetorical resources connect together the rhetorical resources to construct a threat narrative used in the public debates. Moreover, I argue that the media environment influences how rhetorical strategies affect threat legitimation, acting as a conditional variable. Therefore I trace the threat narratives in six episodes in the history of United States foreign policy. Through process tracing, I highlight how rhetorical resources and strategies changed the public debates and level of consent about a threat, and how the media environment influenced these rhetorical strategies.
Temple University--Theses
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Sunday, Nicholas [Verfasser]. "International Law and its Relationship to Trade, Environment and Sovereingty / Nicholas Sunday." München : GRIN Verlag, 2013. http://d-nb.info/1183380445/34.
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Smith, B. D. "State responsibility and the marine environment : The rules of decision." Thesis, University of Cambridge, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.372921.
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Roy, Rohit. "Environmental standards in world trade : a study of the trade-environment nexus, disadvantages of the unilatereal imposition of standards and mutual recognition as an alternative." Thesis, Cardiff University, 2015. http://orca.cf.ac.uk/95392/.
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This thesis explores the trade related aspects of environmental standards. It assesses the potential for trade related conflict between Developed and Developing countries arising out of Unilateral Environmental Action (UEA). Furthermore it analyses the concept of Mutual Recognition (MR) and Mutual Recognition Agreements (MRAs) to understand how the inherent characteristics may potentially be utilized to reduce friction in international trade while implementing standards. The thesis also looks at the WTO compatibility of environmental standards, UEAs and MRAs. It uses a “Black Letter” methodology of doctrinal analysis, concentrating on doctrinal principles associated with the transnational governance of environmental standards and includes the analysis of statutes and cases of the WTO.
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Karadas, Cemalettin. "The responsibility of successor States in the field of the environment." Thesis, University of East Anglia, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.247219.
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Hagedorn, Rosa. "Trade and sustainable development : using the World Trade Organization to more effectively protect the environment." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12668.
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Includes bibliographical references.The Brundtland Report also defines sustainable development as “a process of change in which the use of resources, the directions of investments, the orientation of technological developments, and institutional change all enhance the potential to meet human needs both today and tomorrow.” This vague and broad definition relies on the notion that the world’s environment is a system where actions in one country can affect life on other continents. Examples of this include the 2010 Icelandic volcano eruption that affected air quality and travel in Europe, and the recent radiation detected in the United States after the earthquake and subsequent radiation leaks in Japan. The definition also implies that practically every aspect of our lives can have some effect, or can be relevant to, achieving a sustainable development goal. Most forms of production and consumption, key aspects of international trade, affect and can harm the environment. Thus, the issue is less about stopping these actions and more about making them less harmful to the environment and humankind. There will always be tension between forms of economic activity and environmental protection. However, trade is only one of many economic activities, and the WTO cannot be solely responsible for all aspects of the promotion of sustainable development and environmental protection. At its most general definition, international trade is the “economic interaction among different nations involving the exchange of goods and services.” It can lead to both economic growth and development. At its core, international trade involves the basic concept of supply and demand. Human needs and desires drive what will be in demand. This demand drives the need for a supply of that resource. Thus, the real question is what aspects of the current trading system, including the WTO, can be enhanced or changed to promote sustainable development. This paper aims to examine the relationship between the WTO and sustainable development. It further seeks to evaluate the ways in which the relationship has been successful and the ways in which it has been hindered. Finally, this paper looks to the future and suggests ways to enhance and change this relationship and more effectively protect the environment through the WTO.
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Chung, Chin-Sok. "Marine pollution : international law and the practice of the Yellow Sea States." Thesis, University of Bristol, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.310706.
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Rupe, Blake R. "Domestic and international environmental policy in Mexico : compounding issues for the marine environment." Thesis, The University of Iowa, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=1560693.
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Mexico is home to almost 2.9 million square kilometers of land and water surface area that is affected by water pollution and environmental degradation. While geographically more prevalent to pollution threats as well as one of the most biodiverse countries in the world, it is important to coordinate the management and regulation of coastal zones effectively to safeguard these ecosystem from degradation. However, because of the UN Convention on the Law of the Sea, nations view the problem of living resources and their management as a national priority instead of an international cooperation initiative. Mexico's fragmented, overlapping, and sometimes corrupt domestic institutions for environmental policy yield ineffective and inadequate pollution control, a result of which is a high level of marine debris presence on the coasts, as evidenced by a recent study in Veracruz, Veracruz. This marine debris, the most abundant of which is composed of plastics, is detrimental to marine life, leading to death, starvation, debilitation, reduced quality of life and lowered reproductive performance. While several avenues are being explored to mitigate marine debris in the environment, such as decreasing knowledge gaps, increasing pollution prevention measures, and education, degradation issues have compounded globally, revealing a clear picture of inadequate international regulation and convention. A stricter Mexican national regulatory system that incorporates private and public waste management organizations to incentivize and facilitate waste cleanup is needed to improve the health of the global ocean.
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Mikadze, Kirsten. "Uninvited guests: NGOs, «amicus curiae briefs», and the environment in the international investment regime." Thesis, McGill University, 2014. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=121440.
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Environmental regulation is often at the heart of investment treaty arbitration. As the international investment regime, bolstered by the powerful process of investor-state dispute settlement (ISDS), continues to expand into and gain influence in distant corners of domestic environment governance, the pressure points created where the investment regime comes into conflict with environmental regulation have also multiplied. These collisions between the investment regime and the environment have generated public concern. However, the regime has remained seemingly unreceptive to these concerns and has hesitated to embrace participation by outside actors—such as non-governmental organizations (NGOs)—who would see such concerns accounted for in ISDS. This study explores this complicated nexus between the investment regime, the environment, and NGOs. More specifically, it lays bare the relationship between the investment regime and its environmental "others," focusing on the role of NGOs, through the use of amicus curiae briefs in ISDS, in both shaping (and compelling) these interactions and encouraging greater openness and responsiveness in the regime to environmental issues. Ultimately, a discursive analysis of the NGO amicus curiae briefs submitted in environment-investment disputes and the responses to them from the regime's decision makers reveals that through this practice, NGOs have a crucial role in transforming the regime. However, this potential is currently underdeveloped and hampered by the very closed-off nature of the regime that these actors seek to overcome.La réglementation environnementale est souvent au cœur de l'arbitrage des traités d'investissement. Comme le régime d'investissement international, soutenu par le puissant processus de l'arbitrage de l'investissment, continue de gagner de l'influence dans la gouvernance de l'environnement domestique, les points de pression créés lorsque le régime d'investissement entre en conflit avec la réglementation environnementale ont également multiplié. Ces collisions entre le régime et l'environnement ont suscité l'inquiétude du public. Toutefois, le régime d'investissement reste peu réceptif à ces préoccupations et hésite à accepter la participation des acteurs extérieurs, tels que les organisations non gouvernementales (ONG), qui auraient de telles préoccupations prises en compte dans l'arbitrage des traités d'investissement.Cette étude explore ce lien complexe entre le régime de l'investissement, l'environnement, et les ONG. Plus précisément, il examine la relation entre le régime d'investissement et ses « autres » environnementaux, mettant l'accent sur le rôle des ONG comme amicus curiae dans ISDS, à la fois dans l'élaboration ces interactions et d'encourager une plus grande ouverture et réactivité dans le régime aux questions environnementales. En fin de compte, une analyse discursive des mémoires amicus curiae soumis par les ONG dans les litiges environnementeux et les réponses des décideurs du régime révéle que les ONG ont un rôle critique dans ce processus de transformation du régime. Cependant, ce potentiel est actuellement sous-développé et entravé par la nature fermé du régime.
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Addy, Naa Adoley. "Aviation : the new order (deregulation, the environment, health, safety and security." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=32791.
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Various aspects of the airline industry will have to be considered. In determining what the way forward should be, the very essence of airline transport must be laid bare. The industry will have to be classified, does it qualify as a global public good, or is it a mixed public/private commodity? What are the ill effects that this good has yielded as its by products? The aviation industry as a branch of global transportation will be examined in order to classify it. Methods of managing public goods effectively will be briefly considered. Following this will be an analysis of aviation development, the events preceding and following deregulation, the most significant player in the aviation world. Various perspectives and forms of regulation will be considered. References will be made to strict government regulation, deregulation and self regulation. This will lead to a consideration of other matters pertinent to the aviation industry e.g. health, safety, security, environmental aspects and how these should be managed. (Abstract shortened by UMI.)
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Warner, Robin Margaret Fraser. "Protecting the Diversity of the Depths: Strengthening the International Law Framework." Thesis, The University of Sydney, 2006. http://hdl.handle.net/2123/1304.
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It is only in recent decades that marine scientific research has begun to reveal the true physical characteristics and resource potential of the open ocean and deep seabed beyond national jurisdiction. A combination of factors such as the depletion of inshore fish stocks and an increase in global maritime trade has led to greater usage of the vast maritime area beyond the territorial sea and exclusive economic zone limits of the coastal states. Human activities in this area of the ocean, which covers approximately 50% of the world’s surface, have expanded to include bioprospecting, exploration for deep seabed minerals, more sophisticated marine scientific research and deep sea tourism. This rise in human activities beyond the offshore zones of coastal states poses actual and potential threats to the physical characteristics and biodiversity of the open ocean and deep sea environments. Arbitrary human intrusions into this largely unexplored marine domain have the potential to harm the intricate links between complex marine ecosystems and to erode components of marine biodiversity. This thesis examines the global and regional provisions which have been put in place to regulate the environmental impacts of human activities that occur beyond national jurisdiction. An analysis of these instruments and their implementation reveals that the current international law framework provides only minimal levels of protection for the marine environment beyond national jurisdiction. It explores several options based on the 1982 United Nations Convention on the Law of the Sea (LOSC) and the 1992 Convention on Biological Diversity (CBD) to establish a cohesive environmental protection system for the marine environment beyond national jurisdiction.
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Warner, Robin Margaret Fraser. "Protecting the Diversity of the Depths: Strengthening the International Law Framework." University of Sydney, 2006. http://hdl.handle.net/2123/1304.
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Doctor of Philosophy(PhD)It is only in recent decades that marine scientific research has begun to reveal the true physical characteristics and resource potential of the open ocean and deep seabed beyond national jurisdiction. A combination of factors such as the depletion of inshore fish stocks and an increase in global maritime trade has led to greater usage of the vast maritime area beyond the territorial sea and exclusive economic zone limits of the coastal states. Human activities in this area of the ocean, which covers approximately 50% of the world’s surface, have expanded to include bioprospecting, exploration for deep seabed minerals, more sophisticated marine scientific research and deep sea tourism. This rise in human activities beyond the offshore zones of coastal states poses actual and potential threats to the physical characteristics and biodiversity of the open ocean and deep sea environments. Arbitrary human intrusions into this largely unexplored marine domain have the potential to harm the intricate links between complex marine ecosystems and to erode components of marine biodiversity. This thesis examines the global and regional provisions which have been put in place to regulate the environmental impacts of human activities that occur beyond national jurisdiction. An analysis of these instruments and their implementation reveals that the current international law framework provides only minimal levels of protection for the marine environment beyond national jurisdiction. It explores several options based on the 1982 United Nations Convention on the Law of the Sea (LOSC) and the 1992 Convention on Biological Diversity (CBD) to establish a cohesive environmental protection system for the marine environment beyond national jurisdiction.
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Yeukai, Chandaengerwa. "Trade promotion vs the environment: Inevitable conflict." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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This study unveiled the trade-environment debate which has been revolving in the World Trade Organization for quite a long time now. While economic integration and trade liberalization offer the promise of growth and prosperity, environmentalists fear that free trade will lead to increased pollution and resource depletion. On the other hand, free traders worry that over-reaching environmental policies will obstruct efforts to open markets and integrate economies around the world. Trade liberalization has the potential to affect the environment both positively and negatively. Trade and environment tensions have therefore emerged as a major issue in the debate over globalisation. This paper examined the contours of these tensions and argued that trade policy and environmental programs can be better integrated and made more mutually supportive.
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M’Banza, Frederic Ghislain Bakala. "The protection of the environment during armed conflict: a case study of the Republic of Congo." Thesis, University of the Western Cape, 2014. http://hdl.handle.net/11394/4277.
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Magister Legum - LLMThe International Committee of the Red Cross/Crescent (ICRC) has been the only agency promoting the observance of the law of armed conflict. It has invested considerably in finding solutions to protecting people and regulates the means and methods of warfare. Throughout the development of the law of armed conflict, the protection of the environment was never the centre of focus. From the early 1868 Declaration of Saint Petersburg to the Hague Regulations of 1907, attention was given to weakening the military forces of the enemy and the right of the belligerents not to destroy or seize the enemy’s property, unless such destruction or seizure be imperatively demanded by the necessities of war. Through AP I, the basic principle of IHL was reaffirmed. The concepts of military necessity and proportionality became clearer, permitting only those acts of war which are proportional to the lawful objective of a military operation. Considering the cruelty experienced through the crises that occurred in the RC, it is therefore imperative for the administration to enforce their observation. In the light of the above background the aims of this research paper are to seek to explore the challenges that the current RC administration is facing in implementing IHL and IEL principles. In addition, the research paper will analyse the possibilities to promote the implementation of IHL and IEL instruments within the public domain, mostly the army, to dissipate any ignorance that occur. The International Court of Justice (ICJ) has also made it clear that an obligation rests upon states to take environmental considerations into account during armed conflict in so far as these relate to states’ military objectives
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Roberts, Julian Peter. "Marine environment protection and biodiversity conservation the application and future development of the IMO's particularly sensitive sea area concept /." Access electronically, 2006. http://www.library.uow.edu.au/adt-NWU/public/adt-NWU20061204.153018/index.html.
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Viko, Iyadah John. "Assessing the possible approaches and the limitations of the human rights aspects of environmental harm under the International Bill of Rights : the need for a convention on the human rights to a healthy environment." Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=233655.
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The growing awareness of the inadequacy of international law as a means of addressing current environmental problems has led to calls for a new approach. In view of the links between the protection of the environment and the protection of human rights, according to the Stockholm Declaration of the United Nations Conference 1972, one such approach has been to focus on the development of international human rights law concepts and mechanisms to address environmental concerns. This thesis assesses the possible approaches and the limitations of the protection of the human rights to a healthy environment under the International Bill of Rights. The current international human rights law does not expressly provide for the human rights to a healthy environment. The thesis considers how the environment may be protected both through the application of presently accepted human rights and through the establishment of new human rights to a healthy environment. This thesis goes on to discuss the relationship between the international human rights law and the international environmental law, thereby giving an example of regime interaction. This is of strategic importance to understanding the meeting point of the two areas of law in this thesis. The need for sustainable development and the challenge of climate change have come to the fore and they both give urgency to the need for a human rights approach for the protection of the environment. There are concerns about whether there is a need for the provision of the human rights to a healthy environment in the international human rights law as existing rights are considered robust in themselves to protect the environment. This thesis will investigate the claim whether there are currently binding human rights to a healthy environment under the international law while building a solid argument on the need for a Convention on the human rights to a healthy environment. The thesis addresses the doctrinal and conceptual issues challenging the institutionalisation of the human rights to a healthy environment in the international human rights law. The thesis makes a case on the need for a Convention on the Human Rights to a Healthy Environment. It bolsters the point that the human rights to a healthy environment are long due; however what is lacking, is the doctrinal precision on the best way to institutionalise these rights. The research will attempt to proffer a proposal on the way forward by providing the institutional framework of the rights in a Convention. Before that, there is the need to discuss and settle several other possibilities and their limitations for the protection of the said human rights to a healthy environment. The proposed Convention could serve as a channel to offer a more coordinated, detailed, and well-documented approach for dealing with the linkages between human rights and the environment, as opposed to the fragmented approaches adopted across national and regional levels.
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Berrisch, Georg Matthias. "The application of the concept of "common heritage of humankind" to the protection of the global environment : our response of public international law to global environmental threats." Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60445.
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The world faces an environmental crisis which can only be resolved through global co-operation and solidarity. Traditional international environmental law, based on the positivist notion of sovereignty, cannot offer adequate solutions. International environmental law must be based on a global approach founded on the notion of a common concern of humankind. This global approach has to provide a legal framework for the protection of the global environment. But it also must take into account the diverging needs and expectations of the different states. Furthermore, it must be realistic and cannot simply demand the replacement of sovereign states by a world government. The Common Heritage of Humankind concept, developed to regulate the use of common-space areas, is based on the notion of solidarity and the duty to co-operate. It can be applied mutatis mutandis to the protection of the global environment.
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Theil, Stefan. "Towards the environmental minimum : an argument for environmental protection through human rights." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/271827.
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Chapter one offers an introduction and a general outline of argument. Chapter two lays out the current scholarship on human rights and the environment and presents rejoinders to three prominent lines of objection to linking human rights and environmental interests: conceptual, those arising from issues of recognition, vagueness and conflicts between human rights, ecological, especially from those seeking protections for the environment regardless of its utility to humans, and those wishing to expand human rights beyond human interests, and adjudication concerns, namely from those sceptical that the polycentric nature of environmental issues create an insurmountable barrier to any significant improvements through judicially enforced human rights. Chapter three introduces and defends the environmental minimum as a normative framework for systematically conceptualizing the relationship between human rights and the environment. As such, it is chiefly concerned with ensuring a good faith regulatory engagement with environmental pollution: specific risks to recognised human rights trigger the environmental minimum, which then provides minimum standards (legal, established and emerging) that set the standard of review for determining whether a violation of human rights has occurred. Chapter four deals with the crucial empirical argument, outlining how the framework can systematically account for and consistently guide the further development of the case law under the European Convention on Human Rights. This conclusion rests on a comprehensive analysis of the environmental case law since 1950 using quantitative methods to expose doctrinal patterns previously not recognized in legal scholarship. Finally, chapter five explores and evaluates the potential benefits of the environmental minimum framework beyond human rights adjudication. Specifically, it investigates benefits to the varied fields of public law, regulatory policy, International Environmental Law, constitutionalism, and other international human rights treaties.
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Wilkinson, Cross Kate P. "The environment as a commodity? : an ecofeminist analysis of the extent to which associations between security and the environment have altered the perception of the environment in international law." Thesis, University of Sheffield, 2016. http://etheses.whiterose.ac.uk/13772/.
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The growing evidence that humanity has entered the Anthropocene raises significant concerns over the existential survival of individuals, states, and of life on Earth itself. In response to the increasingly global nature of environmental problems, international environmental law (IEL) has emerged to facilitate collective efforts by states to mitigate ecological harm. In more recent times, the role of IEL has centred on addressing the balance between development, economic growth, and the need to protect the environment for future generations. In light of mounting evidence over the role of environmental degradation and the negative impact of humanity’s activities on the Earth, concerns over how such destruction can exacerbate conflict and undermine security, development, and economic growth have been raised by the United Nations Security Council and other international forums. The increasing associations between environment and security in international circles and by states poses the questions of how states perceive the ‘environment’ and for what reasons do they protect it? This thesis examines the extent to which this convergence between environment and security alters the way in which the international community seek to protect the environment, and in turn, what this suggests about their perception of the environment. Drawing on ecofeminist theory to develop an analytical framework, it examines the preparatory reports and outcome texts from eight environmental regimes in relation to three areas of international environmental law-making. It examines who participates in the development of IEL in order to reveal any tensions between the principle of participation included in sustainable development, and the exclusionary practices in some environmental areas that are closely connected to the environment and national interests. It then considers the justifications for the integration of other non-environmental considerations, such as development, economic, security, and technology into IEL, and their influence on states’ perception of the environment. The thesis concludes that despite the broader participation by NSAs in the development of IEL, changes in states’ priorities over time, and the growing convergence between security and environment, the western anthropomorphic perception of the environment prevails in law-making at an international level.
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Kam, Ka Man. "Reproduction rights in digital environment and copyrights protection : legal issues and challenges." Thesis, University of Macau, 2011. http://umaclib3.umac.mo/record=b2580191.
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Hosseini, Jamaladdin. "Global environment an emerging challenge for international cooperation building a legal regime for ozone layer depletion /." Diss., The University of Arizona, 1992. http://catalog.hathitrust.org/api/volumes/oclc/31166235.html.
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Puvimanasinghe, Shyami Fernando. "Foreign investment, human rights and the environment : a perspective from South Asia on the role of public international law for development /." Leiden [u.a.] : Nijhoff, 2007. http://www.loc.gov/catdir/toc/fy0712/2007276511.html.
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Lenferna, Georges Alexandre. "Creating a new declaration of rights : a critical reconstruction of earth jurisprudence's global legislative framework." Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1001979.
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This thesis aims to critique the Universal Declaration of the Rights of Mother Earth and its underlying moral justification in order to provide a stronger and improved version of both. In Chapter 1 I explore what sort of moral justification is necessary to establish the Universal Declaration on firm grounds and explore its relation to environmental ethics and rights discourse. I argue that a non-anthropocentric perspective is necessary to justify the Universal Declaration’s rights. In Chapter 2 I explore the underlying justification of the Universal Declaration as discovered in the works of Cormac Cullinan and Father Thomas Berry. I argue that their ethical framework is indeterminate, has many ambiguities and uncertainties, and, among other problems, it does not provide a clear action-guiding framework. In Chapter 3 I develop an alternative justification for the Universal Declaration. I argue against many predominant moral theories, that in light of our best scientific and moral understanding we should expand the realm of moral concern to include all living beings, a moral theory I call Life’s Imperative. In Chapter 4 I illustrate that Life’s Imperative is a much stronger, more coherent justification for the Universal Declaration, one that coheres with both our best understanding of the natural world and our relation to it, and to an environmental ethic reflective of that relationship. Unfortunately many of the weaknesses in the current implicit justification of the Universal Declaration have also led to it enshrining rights that are themselves problematic. In order to address these issues, I revise its rights to accord with the stronger justification that I established in Chapter 3. The end result of doing so is a revised version of the Universal Declaration
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Kengni, Bernard. "Trade and environment: the environmental impacts of the agricultural sector in South Africa." Thesis, University of the Western Cape, 2012. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1491_1363781507.
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Amaral, Gustavo de Souza. "Soberania à luz do direito internacional ambiental." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/2/2135/tde-30112015-164834/.
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Atualmente, a soberania ainda é tida como um poder supremo que qualifica cada Estado diante dos demais, porém, com o desenvolvimento do DIMA, ao longo das últimas décadas, a responsabilidade de cada Estado tornou-se uma responsabilidade de toda a sociedade internacional, com relação à proteção do meio ambiente. Desta forma, os Estados não podem mais justificar a ineficácia da proteção do meio ambiente, dentro de seu território, sob o argumento do exercício supremo de sua soberania. A Sociedade Internacional tem enfrentado dificuldades, no âmbito internacional, como resultado da crise de governabilidade, das discrepâncias e dos objetivos nada solidários demonstrados pelos Estados. Há uma tensão entre a concreta e efetiva proteção ambiental, no âmbito internacional, e o suposto entrave da soberania estatal, tensão esta fundamentada em princípios tradicionais que, se ao seu tempo já tiveram seu devido valor, atualmente, já não conseguem dar respostas mais complexas exigidas pelo constante desenvolvimento do DIMA, fazendo surgir, assim, a tentativa de se explicarem novos institutos jurídicos. A presente dissertação pretende demonstrar que a soberania e a proteção do meio ambiente não são conceitos antagônicos, ao contrário, são fundamentos que se apresentam interligados, uma vez que a proteção do meio ambiente é uma das funções primordiais do Estado soberano, revelado pelo bem-estar de seu povo. Assim, o conceito de soberania deveria ser repensado, uma vez que o axioma clássico de soberania atrelada à característica da supremacia do Estado, atualmente, tem prejudicado, no âmbito interno e externo aos Estados, a efetiva e concreta aplicação das normas do DIMA, objetivando-se assim proteger o meio ambiente.Currently, sovereignty is still regarded as a supreme power which qualifies each nation before others. However, with the development of International Environmental Law over the last decades, the responsibility of each sovereign state became a responsibility of the entire international community regarding environmental protection. Consequently, nations can no longer justify the ineffectiveness of the environmental protection within their own territory by claiming the supreme exercise of their sovereignty. The international community has been facing difficulties that result from the governability crisis, discrepancies and the self-centered goals set by nations. There is a tension between the effective environmental protection at the international level and the supposed barrier of state sovereignty. Such tension is grounded in traditional principles that can no longer meet the demands for increasingly more complex responses under International Environmental Law, which brings forth an attempt to explain new legal institutes. This work aims to demonstrate that sovereignty and environmental protection are not opposing concepts, rather, they are interconnected concepts, since environmental protection is one of the primary functions of a sovereign state, expressed by the welfare of its people. Thus, since the classical axiom of sovereignty, linked to the characteristic of the states supremacy, has undermined the effective implementation of the rules of International Environmental Law, both internally and externally, the concept of sovereignty should be rethought, with the aim of protecting the environment.
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Laourou, Eloi. "La négociation des conventions internationales dans le domaine de la protection de l'environnement : contribution à l'évaluation des déterminants juridiques économiques et politiques." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30032.
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Plusieurs problèmes d’environnement se posent aujourd’hui à l’humanité : pollutions diverses, réchauffement climatique, désertification, inondations, accumulation de déchets, pénurie d’eau, extinction progressive des espèces animales et végétales etc. Pour traiter ces problèmes, diverses activités et initiatives sont menées, aux plans local, national, sous-régional, régional et international. Parmi celles-ci figure la négociation des conventions internationales dans le domaine de l’environnement. La présente étude procède en deux temps : en premier lieu, elle analyse les justifications de la négociation telle qu’elle repose sur des déterminants non juridiques et juridiques. En second lieu, elle procède à l’évaluation de l’issue des négociations telle que celles-ci se jouent entre conflits d’intérêt et recherche de consensus. La thèse identifie les éléments, les facteurs et les principaux acteurs qui influent sur les décisions et les positions adoptées dans le cadre des négociations internationales. Ainsi, les négociations des traités environnementaux sont-elles à la fois l’expression d’une pratique classique en matière d’adoption des engagements internationaux et d’un contexte particulier propre à la thématique environnementale, au carrefour précisément du juridique, de l’économique, du politique et du social. A cet égard, on peut observer qu’il y est recherché plus le consensus plus que la confrontation, des principes généraux plus que des obligations plus strictes.Le bilan est que la négociation des traités environnementaux reste une oeuvre non seulement utile mais nécessaire car elle vise à répondre aux problèmes évoqués ci-dessus, au fur et à mesure où ils se posent, par la recherche de cadres juridiques contraignants appropriésHumankind is facing many environmental problems nowadays: diverse forms of pollution, climate warming, desertification, floods, waste accumulation, water scarcity, progressive extinction of animal and plant species etc. To deal with these problems, diverse activities and initiatives are carried out, at local, national, sub-regional, regional and international levels. Among these, is the negotiation of international conventions in the area of environment. The current thesis sets about two folds: firstly, it analyses the justifications of the negotiation as it lays on non-legal and legal determinants. Secondly, it assesses the negotiations issue as these are played between conflicts of interest and seeking of consensus. The thesis identifies elements, factors and key stakeholders that have effect on decisions and positions taken in the sphere of international negotiations. Thus, the negotiations of environmental treaties are both the expression of a classical practice for adopting international commitments and of a particular context for environmental thematic, at the crossroads, precisely of law, economy, politics and social. Then, it can be said that consensus more than confrontation, general principles more than strict obligations, are sought. The assessment to be made is that the negotiation of environmental treaties remains an activity which is not only useful but also necessary as it seeks to respond to the problems considered above, as they occur, looking for appropriate and strict legal frameworks
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Jiang, Yan. "Reconciling development with environment and human rights: challenges facing developing countries and scope of international legal measures with a specific reference to China." Thesis, University of Macau, 2008. http://umaclib3.umac.mo/record=b1943654.
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Hagiwara, Kazuki. "The Principle of Integration in Sustainable Development Through the Process of Treaty Interpretation: Addressing the Balance Between Consensual Constraints and Incorporation of Normative Environment." Thèse, Université d'Ottawa / University of Ottawa, 2013. http://hdl.handle.net/10393/25491.
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Considering that the concept of sustainable development has a function of normative integration in international law, Article 31(3)(c) provides a legitimate basis of such systemic integration. At the same time, it displays the limitations of the harmonious solution drawn from its application because it works only within the rigid consent-based framework in which the referenced rules should be legal “rules” and should be “applicable in the relations between the parties.” International jurisprudence suggests supplemental elements to overleap the consensual limitations in the application of Article 31(3)(c): a generic term and the object and purpose of the treaty. These text-based and the object-and-purpose-based developmental interpretative techniques enable interpreters to consider legal rules that are not “any relevant rules of international law applicable in the relations between the parties” under Article 31(3)(c).
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Jung, Hai-Ung. "Evolutionary international regime for the protection of the marine environment under the United Nations Convention on the Law of the Sea." Thesis, University of Edinburgh, 2003. http://hdl.handle.net/1842/24746.
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The marine environment is under stress from marine pollution, over-exploitation of marine living resources and over-exploitation of the coastal zones caused by the ever intensifying human activities in the sea. Perceiving the problem of the degradation ofthe marine environment, international society has established a variety of international legal regimes with a view to resolving this problem. Since the United Nations Convention on the Law ofthe Sea (the 1982 UNCLOS) is internationally recognized as the international basis for the protection and sustainable development of the marine and coastal environment and its resources, the regime for the protection of the marine environment established thereunder constitutes a frameworkfor different international regimes for the protection of the marine environment. In analyzing international regimes, regime theory can be used as a theoretical tool. A regime is a norm-based institution composed of a set of substantives norms, procedural rules and behavioural aspects (convergent expectations and compliance) in a given issue area. Since any legal regime evolves with the passage of time, a theory of evolution of legal regimes can be built up by identifying different mechanisms of evolution, such as amendments, additional agreements, evolutionary interpretation, rules of reference, sub-regimes. With these two sets of theoretical tools, the regime for the protection of the marine environment under the 1982 UNCLOS is analyzed in this thesis, by reviewing its components and their relations with those in other regimes. Chapter 1 presents the nature of the issue-area of the protection of the marine environment. Chapter 2 presents regime theory with a view to applying it to the analysis of the regime for the protection of the marine environment under the 1982 UNCLOS. In Chapter 3, evolutionary mechanisms of the regime under the 1982 UNCLOS are examined. In Chapters 4 and 5, substantive norms of the regime (principles and rules) are examined in the light of the theory of evolution of legal regimes. In Chapter 6, procedural and behavioural aspects, i.e., decision-making procedures, convergent expectations, and compliance system under the regime are examined also in the light of the theory ofevolution oflegal regimes.
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Perruso, Camila. "Le droit à un environnement sain en droit international." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D050.
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La présente thèse est consacrée à l’étude de la portée du droit à un environnement sain en droit international. Ce droit de l’Homme est appréhendé comme étant le résultat d’interactions entre le droit international des droits de l’Homme et le droit international de l’environnement ainsi qu’entre différents ensembles normatifs de protection des droits de l’Homme. Ce droit assiste à un essor remarquable au sein des États et des systèmes de protection des droits de l’Homme. En retraçant les différentes étapes de son développement progressif, cette thèse s’attache à en identifier les contours, tant sur le plan formel que sur le plan matériel. Elle envisage ensuite la mise en œuvre de ce droit au travers des obligations qui s’y rapportent et le contrôle qui peut en être réalisé. Il en ressort que les conditions sont désormais réunies pour en reconnaître la portée universelle. De surcroît, cette thèse envisage le droit à un environnement sain comme étant l’une des réponses possibles à la crise environnementale qui invite à un renouvellement des rapports que l’Homme entretient avec la nature. C’est à la lumière de cette perspective axiologique que le droit à un environnement sain est alors analyséThis thesis is devoted to study the scope of the right to a healthy environment in international law. This human right is apprehended as the result of interactions between international human rights law and international environmental law as well as among different normative ensembles for the protection of human rights. This right is witnessing a remarkable rise within countries and legal systems of human rights protection. By retracing the various stages of its progressive development, this thesis aims to identify its contours, both formally and materially. It then considers the implementation of this right through the related obligations and the control that can be achieved. As a result, it seems fair to suggest that the conditions are now in place to recognise its universal scope. In addition, this thesis considers the right to a healthy environment as one of the possible responses to the environmental crisis which calls for a renewal of the relationships that humans have with nature. It is in the light of this axiological perspective that the right to a healthy environment is analysed
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Horn, Laura Sandra. "The common concern of humankind and legal protection of the global environment." Phd thesis, Faculty of Law, 2001. http://hdl.handle.net/2123/6188.
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Colnic, David Harold. "Designing sustainability in the United States-Mexico borderlands: Policy design analysis of the Border Environment Cooperation Commission and prospects for sustainability." Diss., The University of Arizona, 2003. http://hdl.handle.net/10150/289971.
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This research investigates environmental policy in the U.S.-Mexico borderlands. In particular, the analysis focuses on the Border Environment Cooperation Commission's (BECC) ability to facilitate sustainability in the region. Although BECC exerts some positive effects, in general, policy design flaws combined with administrative weaknesses limit the Commission's capacity to promote sustainability. The research divides into three main sections. The first section provides an overview of the U.S.-Mexico borderlands and justifies the method to analyze the region's public policy. The overview portrays boom-and-bust development pathologies that lead to social, political, economic, environmental hardships. This analysis also presents several regional characteristics--policy oriented social networks, binational institutions, and an ethic of place--that serve sustainability. The methodological overview focuses on policy design theory. According to design theory, effective public policy requires a close fit between the solution and problem contexts and the policy design. The second section evaluates the solution and problem contexts. These contextual analyses include a detailed discussion of sustainability, the problematic nature of public policy in borderlands, and specific characteristics of the U.S.-Mexico borderlands. Several criteria for U.S.-Mexico borderlands sustainability are developed based on these contextual analyses. The third section describes and evaluates BECC's performance. The specific focus is devoted BECC's institutional and policy designs and its major program areas. The research concludes with an overview of empirical and theoretical implications and a presentation of policy prescriptions to build BECC's capacity to facilitate sustainability.
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Deumié, Florence. "The Cartagena Protocol on Biosafety and the international trade of genetically modified organisms : a new element of the conflict between trade and the environment." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31156.
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The present thesis deals with the international legal consequences of the Biosafety Protocol. If this Protocol answers the problem of GMOs, by enforcing the application of the precautionary principle to the international trade of genetically modified organisms (GMOs), it does not solve the conflict between the interests of trade and those of the environment. On the contrary, the Biosafety Protocol conflicts with the rules of the GATT and the national norms inspired by it would risk being contested before the dispute-settlement institutions of the World Trade Organisation. The Protocol therefore constitutes a new element in the conflict, pre-existing and unsolved, which sets the implicit supremacy of the GATT against the international environmental norms. It confirms the necessity to find a solution enabling the equal authority and mutual respect of the international environmental and trade rules.All information is correct as at 14 November 2000.
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Al-Refaei, Fahad M. Z. "The protection of the marine environment from oil pollution by ships in the Arabian Gulf and the role of Saudi Arabia : a study in international law with special reference to Islamic law." Thesis, University of Portsmouth, 2009. https://researchportal.port.ac.uk/portal/en/theses/protection-of-the-marine-environment-from-oil-pollution-by-ahips-in-the-arabian-gulf-and-the-role-of-saudi-arabia(7e8f8eb0-8571-452f-994d-01e9aa77f587).html.
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Marine pollution is currently a major and pressing issue, as the world strives to reduce the associated risks and to develop effective and appropriate solutions. Moreover, oil pollution is a major and hazardous source of pollution in the waters of the Arabian Gulf. It is an indisputable fact that the marine environment of the region has suffered greatly since the export of oil began, as a result of the multiple harmful activities associated with that trade, such as the loading of oil, the emptying of contaminated ballast tanks, the various exploration, prospecting and manufacturing processes, in addition to oil pollution incidents resulting from collisions between ships or from fires and explosions that affect ships and marine oil installations. Further environmental damage has been caused by deliberate attacks related to armed conflict in the region during the past few years.
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Gama, Sa Jeanine. "Le fonds pour l'environnement mondial." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32012/document.
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Le Fonds pour l’environnement mondial (FEM) est la plus importante source individuelle de financement aux projets et programmes destinés à promouvoir des bénéfices environnementaux globaux dans les pays en voie de développement et en transition. L’objectif de la thèse est d’examiner le rôle du FEM comme un outil de financement des conventions environnementales et du développement soutenable, en soulignant sa contribution à la mise en œuvre du droit international de l’environnement et au débat concernant la gouvernance environnementale internationaleThe Global Environment Facility (GEF) is the most important single source of finance for projects and programs designed to promote global environmental benefits in developing countries and transition countries. The thesis aims at examining the role played by the GEF as a tool for financing environmental conventions and sustainable development, emphasizing its contribution to the enforcement of international environmental law and to the debate concerning international environmental governance
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Axelsson, Erik, and Victor Schill. "Eco-Intervention, the Protection of Sovereignty and the Duty of the Sovereign State to Protect the Environment : An Analysis of Eco-Intervention in Connection with the Principle of Sovereignty and Other Norms of International Law." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-94638.
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