International Environmental Treaties Research Articles

The Adoption of Renewable Energy Technologies by Oil-Producing Countries: An Inevitable Outcome at a Time of Global Challenges and Demand for Sustainable Development

This paper addresses the necessity of adopting renewable energy technologies in order to achieve sustainable development goals in light of increasing global challenges, with a particular focus on the current generation’s well-being. It addresses the potential impacts of global crises, such as energy and food crises, on the transition to renewable energy. Using a descriptive and analytical approach, this paper examines the environmental and economic costs and benefits of renewable energy as well as the commitment of oil-producing countries to international environmental treaties. The research utilises an econometric model to analyse the relationship between sustainable development goals and global challenges. Data from the United Nations Conference on Trade and Development and the International Renewable Energy Agency are used to inform the analysis. The findings showed that the rights and well-being of current generations are currently maintained by the persistent use of fossil fuels in oil-producing nations. Fossil fuels continue to be, and may likely remain, the primary energy source in various sectors of development, despite their significant contribution to environmental and climate issues. The paper offers insights and recommendations for policymakers seeking to determine when government spending should best be allocated to renewable energy technologies, balancing national economic interests with international agreements.

Game Theory Applications to Socio-Environmental Studies, Development Economics, and Sustainability Research

The present investigation elaborates on the level of game theory application for the applied and theoretical analyses of climate change and development studies. This editorial shows that the common good character of global climate alongside the increasing internalization of environmental externalities through national regulations and international environmental treaties jointly result in the increasing congruence between the context of climate change problems and the game theoretical method. Furthermore, the adoption of the Paris Accord by the overwhelming majority of developing countries as well as the disproportionate vulnerability of the Global South have led to an increasing shift in focus with regard to international development cooperation, from poverty alleviation and economic growth to green growth and circular economy solutions, within developing countries. The underutilization of game theory in the context of development studies is not satisfactory. This paper underlines the importance of implementing an impetus to researchers for scholarly discussions and applications of game theory in a discourse on the following topics: 1. economic growth; 2. climate change mitigation and adaptation; and 3. a broader socioeconomic development.

EU Carbon Border Adjustment Mechanism in light of the Fundamental International Environmental Treaties

EU Carbon Border Adjustment Mechanism in light of the Fundamental International Environmental Treaties

NAČELO UČEŠĆA JAVNOSTI U DONOŠENJU ODLUKA OD ZNAČAJA ZA ŽIVOTNU SREDINU U MEĐUNARODNOM PRAVU

The public participation principle allows the public to express their views and needs, thus effective implementation of this principle enables citizens and their associations to influence decisions important to them. In the 1990s, there was a growing idea that to make a fair environmental decision, it was essential to involve those affected by the decision. This article researches into the public participation principle in the field of environmental protection, both in theory and in its position within international environmental law. Moreover, it examines the concept and elements of public participation, the notion of the public, and the significance of public participation in realising environmental rights. International environmental treaties analysis reveals that the public participation principle has been widely accepted, and has played a crucial role in their further development.

Not so polycentric: The stratified structure & national drivers of transnational municipal networks

As members of transnational municipal networks (TMNs), city governments increasingly create a landscape of global governance complementary to but largely independent of traditional, nation-state dominated organizations, from climate change governance to peacebuilding. But a growing number of cities now maintain multiple simultaneous memberships in different TMNs, affording a powerful minority of cities greater representation in world affairs, a skewed landscape that has to date received little attention. To examine the forces shaping this landscape of global governance, we analyze a detailed database of the TMN memberships of over 10,000 cities, observing memberships in both all TMNs collectively and specifically environmentally-focused TMNs.We find that this landscape mirrors the highly stratified core-periphery structure of cities in the world economy, where the most economically powerful cities maintain the most simultaneous memberships in TMNs of both sorts, affording them the greatest ability to set agendas and project ideas within global urban governance. In short, the same 4% of cities that connect the world economy together also have the most representation in global governance. This suggests a markedly more centralized landscape of global urban governance than much of the polycentricity literature expects. We also show how national attributes influence city participation. While democracy matters more for city memberships in all TMNs collectively, national action on global environmental governance matters more for city participation in environmental TMNs. Specifically, cities with more memberships in environmental TMNs tend to be in nations that ratify more international environmental treaties, indicating that participation serves a complementary role to national action. Cities with more memberships in all TMNs collectively tend to be in nations with higher civil liberties scores, indicating that cities from democratic regimes tend to be those most represented in this landscape.

Economic and political drivers of environmental impact shifting between countries

There is mounting evidence that major improvements in environmental quality in high-income countries over the past decades may have been achieved to a large degree through relocation of environmental impacts of consumption to other, usually poorer countries. While political and academic debates on appropriate policy interventions to address this challenge are gaining ground, we still know rather little about the drivers of international environmental impact shifting, other than international trade flows per se. We address this issue by focusing on the effects of economic inequality and political factors. We argue that income inequality between and within countries as well as variation in political institutions, environmental clauses in preferential trade agreements (PTAs), and participation in international environmental treaties could be important drivers or mitigators of environmental impact shifting between countries. We use novel panel data on five types of environmental impact flows between country dyads (187 countries, 1990–2015) to assess these arguments. We find that richer countries and countries with higher domestic economic equality tend to be the “outsourcers”, and poorer, domestically more unequal countries the “insourcers” of environmental impacts. Discrepancies in democracy levels aggravate the outsourcing from more equal to more unequal societies. In turn, environmental clauses in PTAs have a mitigating effect on environmental impact shifting, but participation in international environmental agreements has no such effect. Our findings highlight the need for green economy policies that reduce environmental footprints of consumption not only within high-income democracies, but also make their global supply chains more sustainable.

International cooperation, production side emissions and environmental sustainability

PurposeRising greenhouse gases have contributed to global warming above the pre-industrial levels with detrimental effects on world climatic patterns. Extreme weather has inflicted drastic impacts, including loss of lives and livelihoods and economic disruption. However, collective international cooperation in adopting greenhouse gas emission mitigating measures can translate into long-run beneficial effects of improving environmental quality. This study examines if international environmental cooperation among the world's top ten polluters can reduce production side emissions.Design/methodology/approachThe panel estimation procedure was applied to data from ten top polluting countries from 2000 to 2019.FindingsThe results revealed a statistically significant inverse association between a nation's commitments to international environmental treaties and carbon dioxide emissions. Other than confirming the environmental Kuznets curve effect, industrial intensification, international trade and law rule are other strong correlations of carbon dioxide emissions.Research limitations/implicationsThe main policy implication is the urgency for the leaders of the world's top ten polluters to actively cooperate in developing and implementing new production-side carbon emission measures as well as the implementation and enforcement of existing international treaties to minimize further environmental damage and let the countries in the lower ranks of carbon emissions to enjoy the long-run benefits of the decarbonized world.Originality/valueThis study makes a new contribution to the environmental research literature by unfolding how collective global cooperation on environmental challenges can help reduce environmental damage in a coherent analytical framework.Peer reviewThe peer review history for this article is available at: https://publons.com/publon/10.1108/IJSE-09-2022-0598

Going Green by Adopting and Adapting Arbitration for Environment Related Disputes

Despite the fact that the law has evolved in addressing the array of concerns existing by often immediate and irreversible damage to the soul environment, the working of the law has been plagued by an unsuccessful dispute settlement mechanism with little detailing on its administration. International environmental treaties are gradually making more space for alternative dispute resolution (ADR) methods for dispute settlement. The Permanent Court of Arbitration Environment Arbitration Rules, 2001 are a set of rules with a little novel features addressing concerns which are exclusive for environmental disputes – the role of the nonstate actors and multi-party disputes. The rules are formed in a manner that would make possible for any group of parties to dispute state, NGOs, multinational corporations and even individuals. The policy is also formulated to tackle multi-party disputes. Another important characteristic of these rules are that they also addresses the cost aspect of international dispute settlement process - member states have access to the environment assistance fund. Permanent Court of Arbitration (PCA) and the environment rules fill the place of forum for environmental disputes with expertise. The paper makes no endeavor to state that there is nonexistence of normative structure with reference to dispute resolution in trans-boundary environmental disputes. Rather it aims to demonstrate the normative insufficiency in the methodology adopted to address the content of the dispute resolution mechanisms and present ADR methods as a successful methodology for resolution of environmental disputes. It starts with a concise discussion on the characterization of an environmental dispute and the difficulty in the present legal regime. This is followed by a short overview of the dispute settlement structure in international law. It then discusses the mechanism of conciliation, mandatory and optional, exemplified in the course of a few international environmental instruments. Further there is a dialogue on the Permanent Court of Arbitration Optional Rules for Conciliation in Environmental Disputes, 2001 (Hereinafter rules, 2001). The next part discusses the instrument of arbitration, mandatory and optional, as exemplified through state practice in a few arbitrations like the Mox Plant Arbitration, and the International Tribunal for the Law of the Sea (ITLOS) arbitrations. Additionally there is a conversation on the rules, 2001 and how they could be of importance by customizing them for disputes like the transboundary freshwater disputes. The paper concludes with an assessment of the rules.

The Interface of Science and Law: Protecting, Preserving and Conserving Biodiversity with the Law of the Sea Convention

Abstract With examples drawn primarily from the Law of the Sea Convention, this paper examines potential issues arising under international law facing environmental treaty development and implementation for our natural/physical world where human-imposed jurisdictional boundaries, such as “high seas,” are scientifically irrelevant and may even be potentially detrimental to achieving the admirable environmental objectives sought by these treaties. In this context it explores legal pitfalls produced by well-meaning but often inadequately advised attempts to incorporate incompletely understood scientific concepts and terminology, such as “biodiversity,” in, and/or impose them on, environmental treaties. It considers potential adverse effects on the environment, the rule of law and the development of sound science to support environmental treaties when implementation of existing treaty provisions for environmental protection is neglected.

The Guarantee Mechanism of China's Environmental Protection Strategy from the Perspective of Global Environmental Governance-Focusing on the Punishment of Environmental Pollution Crime in China.

Effective global environmental governance is the only viable way to solve the human environmental crisis. For a long time, China has been an active promoter and contributor to the global environmental governance system. In recent years, China has enhanced the penalty intensity of environmental crimes, the environmental pollution crimes in particular, and received good results in order to better realize the construction of ecological civilization and better fulfill the emission reduction targets of international environmental treaties. The deterioration of China's environmental crisis in the past and the lack of deterrent effect of China's environmental laws are closely related to the ineffective punishment of environmental crimes. In order to better promote environmental protection careers, China's environmental crimes still need to be continuously optimized in terms of adding charges, legislative models and restorative justice.

Have renewable energy leaders announced aggressive emission reduction goals? Examining variations in the stringency of country-level net-zero emission pledges

The 2015 Paris Agreement outlined the goal to limit temperature increases below 2°C, preferably to 1.5°C. In response, several countries have announced net-zero emission pledges (NZEP). The credibility of these pledges varies because countries have committed to different target years. Moreover, some pledges outline sectoral as opposed to economy-wide targets and vary in how they monitor progress. To assess the pledge’s credibility, we create a novel NZEP stringency score. We find that climate leaders with a higher share of renewable energy in final energy consumption are more likely to have announced more stringent NZEPs. However, economic development, the size of the economy, countries’ embeddedness in international environmental treaties, and the robustness of domestic civil society are not associated with NZEP stringency.

The importance of stories in wildlife management

SummaryStorytelling shapes how we understand the world and act in it, including our interactions with nature. For instance, the oral stories Indigenous peoples around the world transmit from generation to generation about the sacred bond between humans and non‐humans in the world establish a respectful relationship with ecosystems. However, we have yet to fully understand how stories shape conservation and restoration practices beyond Indigenous communities. In this article, I demonstrate the function of stories in impeding conservation and restoration as well as their potential in advancing conservation and restoration. I interviewed central stakeholders in Norway's wildlife management—activists, civil servants and parliamentarians—and interpreted their stories using narrative theory to analyse how their stories affected what they did in terms of wildlife management. Each cluster of stakeholders relies on different story sources for their work: activists invoke moral stories, civil servants convey scientific accounts and parliamentarians narrate episodes of power. By relying on these diverse sources of stories, I show that the three groups of stakeholders see the world as it relates to conservation and restoration differently from each other, diverge in their actions, and as a result fail to cooperate in wildlife management. The stories that stakeholders tell are telling. The policymaking implications of understanding the power of stories are significant: efficient conservation and restoration programmes require cooperation, but diverging narratives weaken the likelihood of this cooperation. Furthermore, while most governments around the world use international environmental treaties as the narrative source to guide their efforts in preventing the decimation of nature, none of the stakeholders in wildlife management I interviewed relied on this source in their storytelling. While my interviewees are Norwegian, my findings forefront the worldwide importance of stories in conservation and restoration practices.

The Dammed and the Saved: a Conservation Triage Framework for Wetlands under Climate Change in the Murray–Darling Basin, Australia

As the impacts of climate change and water demands from irrigation continue to increase in the Murray–Darling Basin, water for the environment is becoming more scarce and the ecological conditions of many wetlands is poor. With water scarcity, conservation triage is becoming an increasingly relevant management option for environmental watering of wetlands. However, triage is controversial; being considered contrary to current conservation objectives and practices. We assessed environmental watering at two Ramsar wetlands, Macquarie Marshes and Gunbower Forest, based on international environmental treaty obligations and domestic policy settings, changes to flow regimes, wetland condition and current management. Triage decision making was found to be in tacit use at Macquarie Marshes, based on ‘rules of thumb’ and experiential ecohydrological knowledge, whereas formal environmental watering planning formed the basis for triage decision making at Gunbower Forest. We developed a framework for conservation triage of wetlands in the Murray–Darling Basin to stimulate change in the decision context for wetland conservation and adaptation under climate change. Conservation triage entails reframing of relationships between people and nature and values, rules and knowledge used by stakeholders. Because water is the medium by which wetland conservation outcomes eventuate, trade-offs between competing water uses can be realised with the triage framework.

Understanding the Principles of International Environmental Law and Their Reflections in International Environmental Treaties and Non-Binding Soft Law Instruments

There are several principles that are at the heart of the bulk of most environmental protection structures at the international level. These principles are universal in make-up and have far-reaching support and are commonly allowed in state practice. They are universal in the sense that they are possibly applicable to all members of the global society across the scope of projects which they execute or approve and with regard to the protection of every aspects of the environment. Some of these principles might reflect customary law, others may reflect emerging legal obligations, and yet others might have an even less developed legal status. An understanding of these principles which might reflect customary law or emerging legal obligations can give insight into the rationale and drive of the diverse legal systems that have been built upon them. The aim of this article, which adopted the doctrinal research methodology, is to examine the main principles of international environmental law and their reflections in international environmental treaties and non-binding soft law instruments. To achieve its aim, this article discusses the principles of international environmental law (IEL) under the focal areas of the principles of IEL expressing the idea of prevention, principles of IEL expressing the idea of balance and fairness, principles of IEL expressing the idea of cooperation and public participation, principles of IEL expressing the idea of common heritage/concern and shared benefits. The article further examines the international environmental treaties reflecting the principles of IEL. Keywords: International Environmental Law, Principles of IEL, International Environmental Treaties, Non-Binding Soft Law Instruments DOI: 10.7176/JLPG/123-08 Publication date: August 31 st 2022

Do We Need an International Instrument for the Recognition of the Right to a Healthy Environment?

Environmental degradation is continuing globally despite various international environmental treaties. If the right to a healthy environment is recognised by a global instrument, this international recognition of this right could enhance the implementation and enforcement of various multilateral environmental agreements. Moreover, the international recognition of this right to a healthy environment could create a level playing field at the international level to ensure better balancing of competing interests. Furthermore, an international instrument for the recognition of this right is necessary to address many environmental challenges including climate change, the loss of biodiversity, marine pollution, long-range air pollution and plastic pollution which have global or trans-boundary dimensions. A second optional protocol to the ICESCR as an international instrument for the recognition of the right to a healthy environment could be adopted. It would be the best option for the adoption of an international instrument to recognise the right to a healthy environment.

The global water crises: a cross-national analysis of metabolic rift theory

Unchecked consumption, extraction, and growth have resulted in severe damage to ecological systems. Fresh water issues constitute one of the great challenges for political ecologists. On the one hand, there is a human health and development crisis and over 700 million people still lack access to clean, safe drinking water. On the other hand, there is a growing environmental water crisis regarding water scarcity, water stress, and freshwater resource depletion. This analysis utilizes metabolic rift theory to demonstrate the disruptive consequences that human development and agriculture have on the water cycle. I use two-way fixed effects longitudinal regression for 176 nations from 1970-2015 to test how agriculture, capital, international aid, governance, and civil society are associated with two important water indicators: access to water and water stress. I find that agriculture is associated with higher levels of water stress and higher levels of water access. Higher GDP per capita and international aid increase water access but have no significant relationship with water stress. Additionally, international non-governmental organizations and environmental treaty ratifications are associated with decreased water stress, but also decreased water access. Therefore, I find that the disruptive processes of capital and development have differential impacts on these two interrelated water outcomes. This political ecological analysis suggests that simple solutions that address water access or water stress alone, without considering the interrelated aspects of global water issues, may inadvertently influence other facets of the world's growing water concerns. Furthermore, agriculture and development create an ever-growing metabolic rift in the processes that allow fresh water to replenish itself, leading to future global issues of water access and stress.

International Environmental Agreements and CO2 Emissions: Fresh Evidence from 11 Polluting Countries

This study attempts to evaluate the energy and carbon footprint within the framework of international environmental treaties and the efforts made by 11 large polluting countries to mitigate climate change. The econometric methodology accounts for the presence of cross-sectional dependence while it employs second-generation panel unit root tests and cointegrated relationships. To secure the robustness of our findings, we conduct an ARDL approach employing dynamic panel data techniques. Dynamic OLS is also applied to verify the validity of the empirical results. The empirical analysis supports that the reduction in CO2 emissions can be achieved without a slowdown in economic activity for the sample countries. The findings suggest insightful policy implications for policymakers and government officials.

Fossil fuel energy and environmental performance in an extended STIRPAT model

Recent reports by the Intergovernmental Panel on Climate Change (2018 and 2019) have revealed that world’s human activities have contributed to around 1°C of global warming above the pre-industrial levels (expected to reach 1.5°C between 2030 and 2052) with the burning of fossil fuel contributing to over three-quarters of world’s emissions. Rising demand for energy is expected to add another 39 billion tonnes of carbon-dioxide, threatening the climate action plan of achieving net-zero by 2050. Given the expected worsening of emissions from fossil fuels’ burning, this paper’s main objective is to empirically examine the supply-side effect of energy generation from fossil fuels (coal, natural gas and oil) on environmental quality. In doing so, an extended Stochastic Impacts by Regression on Population Affluence and Technology (STIRPAT) model is adopted that controls for a range of economic, social and institutional factors. The panel data estimation technique is applied to the model that includes a balanced panel of 59 countries using coal, 77 countries using gas and 96 countries using oil for 2002 to 2016. The results revealed coefficient coal is negative and statistically significant at the 1 per cent level (α = −0.052 with ρ = 0.01) and oil is negative and statistically significant at 5 per cent level (α = −0.020 with ρ = 0.05). These results support supply-side energy generation through the burning of coal and oil as vital contributors to environmental quality degradation. Other than confirming the Environmental Kuznets Curve (EKC) effect, forest cover, schooling, the rule of law and nations commitments to international environmental treaties are other strong correlates of environmental performance. The findings also revealed strong adverse effects of agriculture and industrial intensification on environmental quality. The main conclusion is the urgency for the worlds fossil fuel energy-dependent countries to transit from fossil fuel energy to the production of frontier renewable (cleaner forms) sources of energy to minimise degradation of the environment. Other than exploring supply-side carbon mitigation policies, there is a need for active co-operation of all countries of the world in the enforcement of international treaties to minimise further environmental damage.

International Environmental Responsibility and Liability

The accountability of the subjects of international law for their acts and omissions, and the consequences thereof, is fundamental to the effectiveness and legitimacy of international law. Yet, the international environmental accountability of states remains a difficult and controversial topic, for both doctrinal and policy reasons. With few exceptions, states have not addressed this question in international environmental treaties, neither have international courts been burdened with cases or requests for advisory opinions on questions of environmental responsibility or liability of states. This article provides an analysis of the relationship between international environmental law and state responsibility, including a discussion of primary obligations, environmental harm, and the standard of care/due diligence. For the purpose of this article, accountability is used as an “umbrella term” and refers both to the responsibility of states and international organizations for internationally wrongful acts, as well as to their liability to make reparation for harm and damages resulting from their activities. Accountability for internationally illegal acts, such as breach of a treaty or the violation of customary law rules, is relatively well developed in general international law under the concept of state responsibility, though not in a codified, treaty-based manner and some uncertainties exist. In general, state responsibility refers to the accountability of a state for a violation of international law and is premised upon an internationally wrongful act which can be attributed to a state. Such internationally wrongful act can arise from the breach of an international legal obligation (“primary law”), established by treaty law (e.g. bilateral or multilateral environmental agreements) or by a customary norm of international law (for example the prohibition of environmental harm). The consequences of international responsibility for a wrongful act are the obligation of the wrong-doer to cease that act, to offer assurances of non-repetition, and to make full reparation of the injury caused by the internationally wrongful act, including compensation for environmental damage. On the other hand, rules for strict liability for environmental harm resulting from lawful activities are not so well established, and remain singular and exceptional. In general, states have shown little interest in setting up a general liability framework for environmental damage and only very few international environmental regimes impose liability and compensation schemes on states. Some issue-specific international environmental treaties impose civil liability on private actors, but do not establish a compensation scheme for states. Those liability rules are not used to prevent pollution or damage, but serve as a “backstop” to provide access to compensation when damage occurs despite the implementation of treaty rules that aim at preventing damage. Such damage can occur by accident or non-accidentally. In the later cases, compensation can be rewarded where a state did not exercise proper care so as not to cause adverse environmental effects to other states or areas beyond national jurisdiction or to prevent others in its territory from causing such effects. This standard is captured by the doctrine of “due diligence” which has been defined to require what a responsible government can be reasonably expected to do under normal conditions in a similar situation; applying its best practicable and available means. Due diligence does not refer only to unlawful omissions by a state, but also predominantly to the obligation of conduct to show proper care by exercising good government, management and control, for example, through enacting necessary legislation, effective law enforcement to prevent or terminate illegal activities.

A novel conceptual framework to identify the mineral laws in Iran: A real-case application of fuzzy TOPSIS method

Due to the important environmental effects on human life and the conflict between the mining process and environmental factors, the enactment of protectionist environmental laws in the mineral industry has received extensive attention especially in countries with high mining potential. In this regard, using an extended fuzzy TOPSIS method, this study develops a novel conceptual framework to identify the key protection laws in Iran by considering the mineral successful laws and regulations in mineral-developed countries such as Australia, Chile, India, Turkey, Canada, South Africa, and China. This helps to apply the experiences of the abovementioned countries in resolving similar conflicts in Iran’s mineral industry. The key protection laws are selected based on their national and international environmental treaties, mines’ environmental protection laws, conflict solution methods, social responsibilities in mining activity, and laws for the abandoned mines. The proposed framework demonstrates that Iran’s mineral laws require revision and more transparency to avoid ambiguity and conflict with mineral property laws and governmental rights.