International Environmental Obligations Research Articles

Rethinking the ‘Full Reparation’ standard in energy investment arbitration: how to take climate change into account

Abstract One crucial measure to curb global warming is the phasing out of fossil fuel production, but doing so can deprive the value of foreign investments in fossil fuels and amount to breaches of investment treaties. Normally, investment treaties are silent about the standards of compensation when treaty violations are established. Tribunals mostly refer to the ‘full reparation’ standard in general international law, potentially resulting in high amounts of compensation that place a significant burden on States implementing climate actions. This paper argues that the amount of compensation under the ‘full reparation’ standard can be reduced on four grounds: (i) depressed energy price in the peak demand era, (ii) unviability of fossil fuel projects, (iii) international environmental obligations, and (iv) international environmental principles. An interpretation document entered into by States can clarify the application of the ‘full reparation’ standard and ensure that these factors are taken into account in quantifying compensation.

Navigating Climate Change and Sustainability Solutions: Nigeria's Role in International Environmental Law

Over the past three decades, the world has witnessed multidimensional impacts of climate change, thus emphasizing the critical urgency for climate action, and promoting sustainability. Africa is reported to disproportionately suffer the consequences of climate change. These consequences such as flooding; droughts and rising temperatures require the adoption of an environmental foreign policy to foster environmental sustainability and cross-sectoral climate resilience. As Africa’s most populous nation and second-largest oil producer significant to global oil supply, Nigeria occupies a unique and distinct position in the global climate discourse. However, despite credibly being a signatory to international bodies such as the United Nations Framework Convention on Climate Change (UNFCCC), Nigeria needs an effective environmental foreign policy to attain the globally desired sustainability and climate resilience. Therefore, this paper delves into Nigeria’s commitment to international environmental law of key international agreements, such as the Paris Agreement, in response to the threatening climate change crisis. The paper recognizes Nigeria as a leading contributor to greenhouse gas emissions in Africa, driving it to develop some national environmental policies that support renewable energy production and sustainability. However, most of the policies seem ineffective. This is because the country needs help with challenges ranging from political interference, corruption, unrealistic emission targets, overreliance on fossil fuels, and other socioeconomic factors. The study highlights the potential of Nigeria, the giant of Africa, in leading regional climate negotiations by localizing international environmental foreign policy and developing a strengthened legal framework to guide the African continent to sustainable development. The perspective of this paper is to encourage Nigeria to meet its sustainability objectives while fulfilling its international environmental obligations by exploring its abundant renewable energy resources such as solar, wind, and hydropower

Enhancing Global Environmental Cooperation Through Information Exchange: A Comparative Analysis of International Treaties

This article explores how information exchange is key to global cooperation to protect our environment. The article focuses on organizations that have an impact on the international environment, such as the United Nations Declaration on the Human Environment, the Vienna Convention for the Protection of the Ozone Layer, the United Nations Convention on the Law of the Sea, and the Antarctic Treaty. These platforms ensure that all members will be able to keep pace and lead an agreement on the global environment. Surprisingly, this information exchange is win-win. For scientists, it is necessary to obtain the data necessary for solving environmental problems. It is very important for each country to fulfill international environmental obligations. In this paper, this paper investigate how these mechanisms are developed, especially in order to form more specific consensus forms. Clearly, by comparing different treaties that regulate how to exchange and provide information, their specific goals may be different, but their main goals are consistent: enhancing our information exchange and cooperation by enhancing environmental protection

ПЕРСПЕКТИВИ ВПРОВАДЖЕННЯ МАЛИХ МОДУЛЬНИХ РЕАКТОРІВ В ЕНЕРГОСИСТЕМІ УКРАЇНИ

Ukraine's declared goals of sustainable, environmentally acceptable energy development, and reduction of greenhouse gas emissions in accordance with the Paris Agreement require the preferential development of nuclear and renewable energy. At the same time, in the conditions of the current shortage of maneuverable capacities, the increase of stochastic generation volumes from renewable energy sources in the power system and the decommissioning of maneuverable coal-fired power units in accordance with international environmental obligations determines the need to study the possibilities of implementing new nuclear power plant technologies in the IPS of Ukraine, which will be able to participate in daily maneuvering. The article provides an overview of the state of development and implementation of the first NPP projects with small modular reactors of the American companies NuScale Power and Holtec International. It is shown that the national nuclear legislation does not single out MMR as a separate group of nuclear installations and does not take into account their features, which makes it necessary to carry out a thorough professional comparative analysis of the current regulatory framework of Ukraine and other countries on this issue, based on the results of which a decision should be made regarding the need to develop special regulatory requirements for MMR and determine the scope of application of existing regulatory documents. The results of the calculations of the forecast structure of generating capacities of IPS of Ukraine for the period up to 2040 are given, which showed that the construction in Ukraine of 3 powerful advanced NPP power units and the introduction of 1.5 GW of the power units with MMR, which can be used in daily power change modes, with the using of 13 GW of the baseload existing nuclear power units while reducing the capacity of existing coal-fired power units to 5 GW with their reconstruction to meet the requirements of the National Emission Reduction Plan and the growing volume of renewable generation are able to ensure the power balance system and reduce pollutant emissions by at least 50% and greenhouse gases by up to 30%. Keywords: small modular reactor, technical standards, legal and regulatory framework, power system, operating mode.

The Role of Treaty Bodies in Monitoring Compliance with International Environmental Obligations

INTRODUCTION. A large number of international treaties regulating various spheres of international relations have already entered into force. As current practice shows, the emphasis has shifted from the need to regulate an increasing number of relationships to the importance of improving the efficiency of existing international treaties. The article analyzes the implementation of this process in international environmental law. The authors show that a number of global and regional environmental agreements have established quasi-judicial procedures (so-called "non-compliance procedures") in the form of implementation and compliance committees serving as international control mechanisms. The purpose of such mechanisms is to identify and resolve both local and systemic theoretical and practical issues of non-compliance arising from the provisions of international treaties.MATERIALS AND METHODS. The article is based on a large amount of material, including international binding legal acts, acts of advisory nature, and modern doctrinal research of Russian and foreign authors. The methodological basis of the research consists of general scientific (methods of logical and system analysis, dialectical method, methods of deduction and induction) and private scientific (historical and legal, comparative legal, formal-legal methods, the method of legal modeling and forecasting) methods of cognition.RESEARCH RESULTS. In their research, the authors analyzed various international binding and non-binding instruments, summarized doctrinal positions made by Russian and Western legal scholars, presented in domestic and foreign scientific literature, and identified the main issues of compliance committees of international environmental agreements.DISCUSSION AND CONCLUSIONS. The authors have tried to give answers to the following questions: is it necessary to fix in the text of international environmental agreements the provisions establishing the compliance committee, or can this be done later: at the annual meetings of the conferences of the parties; what should be the composition and mandate of the compliance committee; and how efficiently do these committees function? As a result of the conducted research, the authors have drawn conclusions about the need fo detailed monitoring of changes in the various international environmental agreements in order to improve the effectiveness of compliance committees in exercising their mandates and to identify violations of the mandates of these committees.

ДЕРЖАВНА ЕКОЛОГІЧНА ПОЛІТИКА: ПРАВОВИЙ АНАЛІЗ

The article considers the main theoretical and methodological foundations of the formation of environmental policy of the state in terms of decentralization reform and the acquisition of appropriate powers by local governments. The components of environmental policy in a democratic society are identified, namely: proper and effective system of public administration in the field of protection, inexhaustible use and reproduction of natural resources; proper, state and public supervision over the observance of the current environmental legislation and international environmental obligations of the country; appropriate environmental information policy; appropriate level of ecological expertise of ecologically dangerous projects; an appropriate system of state decision-making on environmental issues, which would provide for mandatory public involvement; proper system of responsibility of the authorities, specific officials and citizens for violation of the principles of balanced development, norms and provisions of environmental legislation; proper educational and educational activities. The analysis of the legislative acts regulating the ecological policy in general and in separate directions of realization, in particular is carried out and in the field of nature management. It is noted that Ukraine as an integral participant in the development of the world economy is gradually directs its own efforts to implement resource-saving measures. The author concludes that it is necessary to improve the current environmental legislation of Ukraine through reform system of regulations to create effective tools for implementing the concept of sustainable development, which is possible only by assistance and in the context of integration of environmental policy into the socio-economic life of society and the state.

On Meteors and Comets: Is the Crime of Ecocide Back to Stay?

Abstract Crimes against the environment affect fundamental values and collective interests shared by the international community as a whole. The ‘global’ nature of the protected interests and the erga omnes character of many international environmental obligations are the main arguments in favour of the international criminalisation of certain environmental harms. This paper offers a survey of the development of international law with regard to the legal definition and consequences of environmental crimes from the perspective of both the law of state responsibility and international criminal law, up to the latest definition of ecocide and the proposal for its inclusion in the Rome Statute as formulated by the Panel of Independent Experts convened by the Stop Ecocide Foundation. In so doing, the legal regime related to environmental crimes is also considered through the environmental ethics lens, so as to evidence the progressive evolution from an anthropocentric approach to the ecocentric view which characterises the new legal definition of the crime of ecocide.

The (ab)use of Third-Party Submissions

This contribution examines the use of third-party submissions, such as amicus curiae submissions, in investment treaty arbitrations. The author shows that a surprisingly low number of amicus curiae submissions have been submitted so far and consequently have not resulted in any discernible impact on the jurisprudence of arbitral tribunals. At the same time, interventions by non-disputing treaty parties appear to be more effective. The author also discusses the ambiguous nature of amicus curiae submissions made by the European Commission, which – it is argued – are actually more akin to non-disputing party interventions. The author concludes that amicus curiae submissions could be better crafted and used more often to achieve greater impact. In addition, they could also be targeted more often against States and their failures in implementing their international environmental obligations.

International Scientific and Technological Cooperation for Environmental Protection

The paper deals with issues of international scientific and technological cooperation for environmental protection. The legal platform for cooperation in the field of science and technology (STC) between states is an international treaty. At the same time, the search for an optimal model of international STC requires considering the features of scientific and technological development at the present stage. The development of an international STC for environmental protection is linked to the task of finding the most promising and convenient forms of such cooperation. Along with international agreements on global scientific projects, STC for environmental protection is actively developing at the bilateral level. The paper defines the features of bilateral agreements and memoranda of understanding in the development of scientific and technological cooperation for environmental protection. STC issues for optimal implementation of international environmental obligations are considered. Serious natural disasters present challenges when it is necessary to understand the scientific basis of decisions made by different countries and to improve the exchange of data and information. This determines the direction and activity of STC in relation to the prevention and overcoming of the consequences of environmental emergencies, which is emphasized in the paper. While STC between developed and developing countries has traditionally taken the form of technical assistance, there are now new motivations and opportunities to support scientific cooperation for development and research capacity-building, especially for developing countries in the sense of focusing on real partnership. STC for environmental protection between developed and developing countries is analyzed. In conclusion, a summary of the prospects for STC for environmental protection is presented.

The (ab)use of Third-Party Submissions

This contribution examines the use of third-party submissions, such as amicus curiae submissions, in investment treaty arbitrations. The author shows that a surprisingly low number of amicus curiae submissions have been submitted so far and consequently have not resulted in any discernible impact on the jurisprudence of arbitral tribunals. At the same time, interventions by non-disputing treaty parties appear to be more effective. The author also discusses the ambiguous nature of amicus curiae submissions made by the European Commission, which – it is argued – are actually more akin to non-disputing party interventions. The author concludes that amicus curiae submissions could be better crafted and used more often to achieve greater impact. In addition, they could also be targeted more often against States and their failures in implementing their international environmental obligations.

Investor-Community Conflicts in Investor-State Dispute Settlement: Rethinking “Reasonable Expectations” and Expecting More from Investors

Within the fraught field of investor-state dispute settlement, no cases are more controversial than those in which an investor seeks damages for the cancellation of a project following an outcry by local communities over potential environmental or social impacts. Tribunals have almost always ruled for the investor in these cases, typically reasoning that the cancellation frustrated the investor’s “reasonable” or “legitimate” expectations. This Article argues that tribunals have often overlooked or downplayed factors that should limit investors’ expectations when undertaking high-impact projects, including specific aspects of domestic environmental law and the host state’s international human rights and environmental obligations. The Article also examines factors beyond investor expectations that may be relevant to liability or quantum in such cases, including local remedies and emerging standards of conduct with which investors should be expected to comply. Finally, the Article shows that the proposed interpretive framework is consistent with the texts of investment treaties and their underlying rationales and could address a number of concerns that threaten these treaties’ long-term viability.

Dual Battery Storage System: An Optimized Strategy for the Utilization of Renewable Photovoltaic Energy in the United Kingdom

The increasing world human population has given rise to the current energy crisis and impending global warming. To meet the international environmental obligations, alternative technological advances have been made to harvest clean and renewable energy. The solar photovoltaics (PV) system is a relatively new concept of clean technology that can be employed as an autonomous power source for a range of off-grid applications. In this study, the dual battery storage system is coupled with a solar PV system and a low voltage grid, benefitting from the feed-in tariff (FIT) policy. The main outcomes of this study are: (I) A novel dual battery storage system for the optimal use of the PV system/energy is proposed; (II) The problem is formulated in the form of a mathematical model, and a cost function is devised for effective cost calculation; (III) An optimal cost analysis is presented for the effective use of PV energy; (IV) real-time data of a solar PV taken from the owner and the demand profile collected from the user is applied to the proposed approach, with United Kingdom (UK) tariff incentives. This system works in a loop by charging one system from the solar PV for one day, and discharging the other system. This model gives certainty that power is exported to the grid when the solar PV generates an excess amount; batteries are utilized during the peak hours, and power is purchased when the demand is not met by the batteries, or when the demand is higher than the generation. This study examined the economic knowledge of solar PV and battery storage systems by considering the FIT incentives.

How Kazakhstan’s Strategy 2050 Affects its Current International Environmental Obligations Under the Kyoto Protocol

How Kazakhstan’s Strategy 2050 Affects its Current International Environmental Obligations Under the Kyoto Protocol

Environmental Law in Investment Arbitration: Procedural Means of Incorporation

The present article explores the relationship between investment and environmental law by examining the use of counterclaims and jurisdictional and applicable law clauses in IIAs. Environmental issues arising contextually to investment disputes have given rise to sustained debates on the legitimacy deficit of the system; one possible way forward for the debates is through the incorporation of environmental law in the investment regime, and many substantive avenues have been explored, including the reconceptualisation of certain provisions, the adoption of proportionality and balancing by tribunals, and the adjustment of the quantum of compensation. This article focuses on the procedural means of incorporation as the first, inevitable step towards any of the above solutions. Additionally, the article deals in detail with the possibility of asserting counterclaims as a little explored avenue potentially allowing for international and domestic environmental obligations to enter the investment dispute.

‘Whose science?’ Precaution and power-play in European marine environmental decision-making

Abstract This paper explores the science–policy interface in environmental decision-making in the European Community as it moves towards its stated aims of implementing a precautionary and ecosystem-based approach to marine environmental management. Whilst recent EC case law has clarified some questions of Member State responsibilities under international environmental obligations, recent case studies at the crossing point between marine nature conservation and fisheries management in EC waters raise questions about the role of science in policy-making in Brussels. This has important implications for the developing EC Integrated Maritime Policy and Marine Strategy Framework Directive, and the concept of Maritime Spatial Planning as a whole. A new paradigm for bridging the science–policy gap is required in light of the developing legislative framework and given the complex nature of the marine environment.

New Dog, Old Tricks: Has Australia's Overhaul of the Wildlife Export Regime Met Its International Environmental Obligations?

New Dog, Old Tricks: Has Australia's Overhaul of the Wildlife Export Regime Met Its International Environmental Obligations?

Tilting at Offshore Windmills: Regulating Wind Farm Development Within the Renewable Energy Zone

Offshore wind farms are likely to be a key component of the United Kingdom's strategy for renewable energy, and the Energy Act 2004 introduced a new legislative framework for the development of wind farms beyond the limits of territorial sea within designated renewable energy zones. The compatibility of the new arrangements with international marine and environmental obligations is analysed. Rights of navigation, the protection of the marine environment and the decommissioning of turbines at the end of their operational life all raise significant legal issues. The introduction of the Energy Act is an important development in assisting the construction and operation of offshore wind farms. But the law was passed at a time when a number of major reviews had concluded that the legislative and policy framework for the protection of the marine environment suffered severe weaknesses. It is unfortunate that the UK Government did not consider the creation of an offshore renewable energy industry as an opportunity to develop and apply the sort of new marine conservation strategies and legal frameworks being advocated as essential in this area.

Auditing International Environmental Agreements: The Role of Supreme Audit Institutions

Environmental problems are often transboundary in nature. International cooperation to solve them has resulted in a growing number of environmental agreements. Supreme Audit Institutions, which are the highest national audit institutions in a country and are responsible for auditing the regularity of governmental expenditure and receipts, can contribute to the success of international cooperation by auditing government compliance with international environmental obligations and commitments. This is a new challenge for supreme audit institutions. To encourage and support this work a Workgroup on Environmental Auditing of the International Organisation of Supreme Audit Institutions has developed guidelines, which are presented in this article. The possible practical role of audit institutions is illustrated by the audit on the Convention on the Prevention of Marine Pollution by Ships, in which eight European audit institutions cooperated.

Developments in environmental auditing by supreme audit institutions.

At the end of the 1980s, Supreme Audit Institutions (SAIs) became aware of their responsibility towards the environment and environmental policy. In this article, the development of environmental auditing by SAIs during the last 10 years is presented, as well as the current state of the art. The description is based on the results of three questionnaire surveys held in 1994, 1997, and 2000 by the INTOSAI Working Group in Environmental Auditing. In most countries, the government has stipulated some form of environmental policy, and the SAI has a mandate to carry out regularity and/or performance audits. The activities of SAIs have developed substantially since 1993. Nowadays, environmental auditing is a substantial and regular part of the audit work of more than half of the SAIs. Environmental problems are often transboundary in nature. SAIs can contribute to international environmental cooperation by auditing the compliance of their national government with international environmental obligations and commitments. The INTOSAI Working Group on environmental auditing wants to enhance this type of audit and has provided guidelines for the audit process and the selection of international agreements. Moreover, cooperation between SAIs is a good method to exchange experiences and to learn from each other.

Implementing Russia's International Environmental Commitments: Federal Prerogative or Regional Concern?

How DO THE RUSSIAN AUTHORITIES GO ABOUT implementing their international environmental obligations? This question implies that implementation is here understood as the political processes taking place at the national, and possibly the sub-national, level after the conclusion of agreements or establishment of regimes at the international level. In the literature on international environmental agreements, processes at the domestic level are receiving increased attention.1 After an initial main focus on regime formation,2 the literature has in recent years come to be dominated by studies of regime effectiveness and the implementation, including processes at the domestic level, of provisions laid down by international regimes.3 By implementation we understand the active steps taken by public authorities or others in order to bring the behaviour of target groups into accordance with the country's international commitments.