Environmental Agreements Research Articles

Green Trade Barriers in Global Play: Legal Challenges and Strategic Opportunities for Developing Countries

This paper examines the challenges and strategic responses of developing countries to green trade barriers within the framework of global economic integration. Green trade barriers, primarily non-tariff measures established by developed countries for environmental protection, pose significant challenges to the international market entry of products from developing countries, affecting their economic growth and trade dynamics. This study explores how developing countries can leverage international environmental agreements, ISO 14000 standards, and legal reforms to mitigate these barriers. It emphasizes the importance of enhancing environmental standards, fostering international cooperation, and advocating for transparent legal frameworks to align with global environmental practices. The paper also discusses the role of organizations like APEC and the impact of agreements such as the Environmental Goods Agreement in harmonizing standards and reducing trade disputes. By adopting comprehensive strategies and embracing a shift towards a green economy, developing countries can not only overcome these barriers but also enhance their competitiveness in the global market.

Adaptation measures and stable international environmental agreements in a pollution dynamic game

Adaptation measures and stable international environmental agreements in a pollution dynamic game

ISO 14000 as a driver of sustainability: Exploring its alternative drivers beyond ISO 9000 standards

This study replicates and extends Corbett and Kirsch (2001) and Vastag (2004) using a new data set to investigate the drivers of ISO 14000 certification diffusions using decision tree analysis. The findings indicate that at the national level, ISO 14000 certification diffusions are influenced by factors other than ISO 9000 certification diffusions, such as the number of environmental treaties signed and ratified, industrial activities as a percentage of GDP, and GDP per capita, thus provides a range of managerial insights and enhances scholarly understanding of sustainability beyond the influence of ISO 9000. Future studies might extend the countries included in this study to see if the results are the same. Future research may include other factors like a country’s Environmental, Social, and Governance (ESG) indicators to better understand its commitment to sustainability, including environmental sustainability. The country’s culture may influence customers, investors, and other stakeholders’ knowledge and desire for sustainable practices and inspire firms to obtain ISO 14000 certifications. Since larger firms may seek ISO 14000 certification, future studies may evaluate the influence of the number of large firms in various countries as drivers of ISO certification diffusions.

Setting targets: Abatement cost, vulnerability, and the agreement of NATO’s Wales Pledge on Defense Investment

Why do countries mutually agree to constraints on their behavior? Why do they comply with such constraints in the absence of enforcement mechanisms? More specifically, why did NATO allies, with disparate geography and perceptions of the international security environment, agree to ‘aim to move towards’ increased defense spending (2% of GDP on defense and 20% of defense budgets on equipment modernization) at their 2014 Wales Summit? Moreover, why have they largely complied with this agreement subsequently? We argue that the ‘Interest Based’ framework for understanding the success or failure of environmental agreements is useful for understanding the agreement and implementation of the Wales Pledge. This argument finds support from interviews with participants and a purpose-built dataset including outcomes of interest (overall defense spending and share of defense budgets allocated to equipment modernization) and key independent variables (vulnerability to security threats and ‘abatement cost’ of meeting the Wales Pledge aims). We find that vulnerability and abatement costs affected both the order in which states agreed the pledge, and the extent to which they have complied with it.

Policy Options for Achieving Sustainable Development Goals (SDGs) in the MENA Region through the Effective Implementation of Multilateral Environmental Agreements

The Middle East and North Africa (MENA) region faces a complex set of challenges, including political instability, economic disparities, and environmental degradation. Achieving the Sustainable Development Goals (SDGs) in this region is paramount to ensuring a sustainable and prosperous future for its diverse populations. Multilateral Environmental Agreements (MEAs) play a crucial role in addressing environmental issues, which are intertwined with many of the SDGs. This paper explored policy options that can help the MENA region make significant strides towards achieving the SDGs through the effective implementation of MEAs. To achieve this, the MENA region will be required to strengthen regional cooperation through the development and implementation of regional agreements that are tailored towards shared environmental issues, such as trans-boundary water management in the Nile River basin or tackling air pollution in the Gulf Cooperation Council (GCC) countries. Strategies for the adoption of policies on the region’s prevalent issues such as drought and desertification, renewable energy transition, biodiversity conservation, climate change mitigation and adaptation will have to be negotiated, developed, strengthened, and implemented. The paper utilised a content analysis research approach in analysing selected international and regional MEAs. The paper highlights the challenges with the implementation of both international and regional MEAs, with a view to raising awareness on the shortcomings and challenges of implementation of these very important environmental treaties. Achieving the SDGs in the MENA region through the implementation of MEAs requires a coordinated effort amongst nations, international organisations, and civil society. By prioritising regional cooperation, sustainable resource management, renewable energy adoption, biodiversity conservation, climate action, waste management and education, the MENA region can make significant progress towards a more sustainable and prosperous future. These policy options offer a roadmap to address pressing environmental challenges whilst simultaneously advancing the broader agenda of sustainable development.

Advancing Sustainable Seawater Desalination in the Persian Gulf: Opportunities and Challenges under the Kuwait Convention 1978

Seawater desalination has emerged as a viable solution, notably utilized by many Persian Gulf littoral countries facing severe water shortages and aiming to achieve the targets of the sustainable development goal 6 regarding ensuring availability and sustainable management of water and sanitation for all. However, desalination comes with costs and can adversely impact marine ecosystems. Conserving and sustainably using oceans, seas, and marine resources is one of the sustainable development goals (Goal 14), and unmanaged use of desalination plants in the Persian Gulf Coasts can threaten this goal. Therefore, moving towards a sustainable process of seawater desalination in this region requires the promotion of cooperation, including through the effective implementation of existing multilateral environmental agreements (MEAs). Based on this, the main question of this paper is: what are the opportunities and challenges of the Kuwait Convention (1978) in advancing sustainable seawater desalination in Persian Gulf? The results of descriptive and analytical studies based on library resources in this research indicate that the provisions concerning the prevention, control and combating of land-based pollution, as well as requirements for environmental impact assessments, are the most significant opportunities provided by this instrument. However, the lack of direct obligations regarding the management of seawater desalination and non-existence of effective compliance mechanisms are the challenges of this convention. To address these challenges, adopting a seawater desalination management guideline under ROPME, promoting international cooperation, sharing experiences and knowledge related to innovative technologies and empowering compliance mechanisms under this convention are the essential recommendations for the effective implementation of the Kuwait Convention towards sustainable seawater desalination in the region.

Involving citizens in monitoring the Kunming–Montreal Global Biodiversity Framework

AbstractThe Kunming–Montreal Global Biodiversity Framework (GBF) and its monitoring framework aims to reverse the decline of nature. The GBF tasks governments to report progress towards 23 targets and four goals but also “invites Parties and relevant organizations to support community-based monitoring and information systems and citizen science” to improve information for decision-making and build support for conservation efforts throughout society. We assessed how Indigenous Peoples, local communities and citizen scientists and professional scientists can help monitor the GBF. Of the 365 indicators of the GBF monitoring framework, 110 (30%) can involve Indigenous Peoples, local communities and citizen scientists in community-based monitoring programmes, 185 (51%) could benefit from citizen involvement in data collection and 180 (49%) require scientists and governmental statistical organizations. A smaller proportion of indicators for GBF targets are amenable to citizen monitoring than for the previous Aichi targets or other multilateral environment agreements—largely because 196 GBF indicators are analytically complex (54%) and 175 require legislative overview (48%). Greater involvement of citizens in the GBF would increase societal engagement in international agreements, harness knowledge from those living close to nature to fill data gaps and enhance local to national decision-making based on improved information, leading to better conservation actions.

An Environmental Agreement in a Trade Court – Is the WTO's Agreement on Fisheries Subsidies Enforceable?

An Environmental Agreement in a Trade Court – Is the WTO's Agreement on Fisheries Subsidies Enforceable?

Ensuring compliance with Antarctic environmental protection through inspections: Problems and prospects

Environmental protection occupies an increasingly important place in Antarctic governance, but compliance mechanisms for Antarctic environmental protection have received little attention compared to multilateral environmental agreements. Antarctic inspection is an important tool for ensuring compliance by States Parties. However, it has been shown that inspection is mostly used as a means of information exchange and capacity building, while its monitoring role tends to be undermined. Based on empirical analysis, this paper identifies the outstanding issues in existing inspection practices, and proposes specific measures for improvement. It also explores the possibility of establishing an independent inspection body to complement existing inspections undertaken by Consultative Parties, with a view to fully utilizing its monitoring role as part of compliance mechanisms for the Antarctic environment.

Official development finance in solid waste management reveals insufficient resources for tackling plastic pollution: A global analysis of two decades of data

Providing effective solid waste and resources management (SWM) is essential to tackle plastics pollution, reduce carbon emissions and local air pollution from open burning, avoid disease spreading and enable circularity. Official development finance (ODF) is vital in providing relevant infrastructure and capacity development. We developed a novel standardised methodology to analyse OECD ODF data and applied it to 2003–2021, offering insights on the scale, flows and changes in SWM ODF. Despite an 8-fold increase, SWM-focused ODF is still very low, representing just 0.41 % of all ODF; and an order of magnitude less than water and sanitation ODF. Low-income countries received only 8 % of SWM ODF. Total commitments in 2021 were ca. 1.8 Billion USD - significantly short of the >30 Billion USD investment estimated as necessary for substantially reducing plastics pollution. The multi-lateral environmental agreement under negotiation (‘Plastics Treaty) needs to set ambitious targets for ODF and wider international co-operation.

Challenges and strategies for implementing the Ramsar Convention. Balancing Economic Development and Wetland Conservation

Ramsar Convention on Wetlands of International Importance, particularly focusing on waterfowl habitats, signifies a pivotal shift in global attitudes towards wetland conservation. Historically viewed as hindrances to development, wetlands have suffered from drainage and reclamation efforts, resulting in significant biodiversity loss. However, a growing recognition of their ecological significance has spurred international action. The Convention, established in 1971, serves as a landmark agreement to safeguard wetland ecosystems. It mandates member states to designate and conserve wetlands within their territories, emphasizing the importance of international cooperation due to the transboundary nature of wetland ecosystems. The Convention’s objectives encompass sustainable development goals, including water quality, biodiversity, and climate change mitigation. Implementation relies on national policies and collaboration among stakeholders. Furthermore, the Convention aligns with other environmental agreements, fostering synergies to enhance wetland protection globally. Despite these positive developments, there are significant challenges in ensuring the effective implementation of the Convention, particularly when economic interests conflict with environmental conservation. As highlighted in the case of the Bystroe Canal project in the Danube Delta, balancing development with wetland protection remains a critical issue. This article addresses the question of whether the Ramsar Convention can effectively apply its provisions in such cases, arguing that while it provides a strong framework, its effectiveness is often undermined by competing economic priorities. Without stronger enforcement mechanisms and increased international cooperation, the objectives of the Convention risk being compromised.

ASPECTS OF SCIENTIFIC RESEARCH IN UNIVERSAL ENVIRONMENTAL TREATIES: LEGAL AND ECONOMIC ANALYSIS

The article emphasises that aspects of international legal cooperation in the field of scientific research have not yet been the subject of a systematic, comprehensive scientific study either in the context of international law doctrine or in relevant publications. The subject of the study is the legal regulation of scientific research in universal international environmental treaties, with the aim of identifying the specific features of such international legal mechanisms. The paper examines the challenges and paradoxes faced by international environmental law in regulating scientific research as a process, as well as in balancing scientific research with the practical needs for appropriate resources. The research uses hermeneutical, prognostic, comparative and systemic analysis of relevant international treaties as components of the modern system of international law. It applies a complex set of methods, including analysis and synthesis, structural and formal-legal methods, as well as scientific deduction and induction approaches. The combination of these methods provides a thorough examination of how international environmental treaties regulate scientific research. The methodology includes a hermeneutic approach to interpret the language and provisions of various environmental treaties, a predictive approach to forecast potential developments and the outcomes of current regulation, a comparative analysis to identify similarities and differences between different treaties, and a systems analysis to understand how these treaties fit into the broader system of international law. Taken together, these methods provide a reliable basis for assessing the current state and future directions of international legal cooperation in environmental research. The main objective of the article is to reveal the unique characteristics and complexities inherent in the international legal mechanisms governing scientific research under environmental treaties. It aims to highlight the current challenges and paradoxes faced by international environmental law in this context. These include the need to address global environmental problems with often limited and unreliable scientific data, the need to respect and encourage scientific research, and the imperative to balance the search for scientific knowledge with the practical needs of natural resources. The results of the study show that environmental conventions reflect several important challenges. One of the main challenges is to address global environmental issues in the face of a lack of reliable scientific information, while respecting scientific research and its results. Another crucial challenge is to maintain a balance between promoting scientific research and meeting the practical resource needs of humanity. The author posits that international environmental law sources represent an enduring endeavour to achieve equilibrium in the formation of convention bodies. This equilibrium strives to reconcile the sovereign interests of participating states with the necessity of maintaining a high level of expertise within relevant commissions and committees. In conclusion, the paper emphasises the necessity for the continuous development and refinement of legal regulation pertaining to scientific research within the field of international environmental law. This is in order to effectively address the dynamic and complex interplay between scientific advancement and environmental sustainability.

Barrett's paradox of cooperation: A full analytical proof 30 years after

In his seminal paper, Barrett (1994) argues that international environmental agreements (IEAs) are typically not successful, which he coined "the paradox of cooperation". If the potential gains from full cooperation would be large, self-enforcing IEAs have low participation and, therefore, cannot achieve much, or, if the potential gains are small, agreements are not important, even though IEAs may enjoy large participation. This message has been reiterated by several subsequent papers. Even though these papers explain the driving forces of the paradox, the analysis of membership in stable agreements and the actual and potential gains from cooperation are still mainly based on simulations. In this paper, we provide a full analytical characterization of all items on which the paradox of cooperation is based.

Critical Assessment of Provisional Application of Environmental Treaty in the Facilities of CCS Projects

Removing legal barriers of carbon capture and storage project requires a provisional application of treaty related. And the Vienna Convention on the Law of Treaties as well as the Guide to Provisional Application of Treaties provide the law basis for such application of treaties. The positive role of such application in promoting the implementation of carbon capture and storage technologies explains its unique functions as a tool under international emergency, especially when it comes to environmental law. Nevertheless, the issue raised from that the provisional application of treaties shall not be underestimated. It can be found that the practice of provisional application may lead to the instability of the effectiveness of the treaty, the impairment of the integrity of the treaty as a whole, as well as the possibly imposing challenge on the interaction between provisionally applied treaty and the domestic law.

Bucking the Trend: Civil Society and the Strengthening of Environmental Rights in Latin America and the Caribbean

Abstract In 2021, environmental procedural rights were strengthened in Latin America and the Caribbean when the legally binding Escazu Agreement came into force. This new treaty seeks to implement Principle 10 of the 1992 Rio Declaration, which promotes access to information, participation, and justice in environmental matters. The treaty is empirically and theoretically surprising: it bucks the growing trend of informalization in regional and international cooperation and is more highly legalized than institutional design theory would predict. Applying an interpretivist logic of inquiry and drawing on interviews with twenty-three participants in the negotiations, I argue that this outcome can be explained by an alignment of structural conditions that facilitated an alliance between ambitious state and nonstate actors and enabled their influence throughout negotiations. Applying theories of political opportunities and mobilization structures, I show how a network created by the World Resources Institute influenced the agreement’s design and helped secure a high degree of obligation and precision in Latin America’s first environmental treaty.

The impact of abatement technology difference on optimal allowance trading scheme under the stability of international environmental agreement

The impact of abatement technology difference on optimal allowance trading scheme under the stability of international environmental agreement

Between continuous presents and disruptive futures: Identifying the ideological backbones of global environmental scenarios

Despite the great relevance of global environmental scenarios for the study of environmental change and sustainability transitions, they have rarely been the object of analysis for scholars of the social sciences. In this article, we analyze the ideological assumptions of 993 global environmental scenarios contained in 243 academic works. By developing a new categorization of environmental scenarios, we investigate the economic and governance organization reflected in the scenarios, as well as the portrayed human-nature relationships. We find that global environmental scenarios developed and used by the scientific community largely reproduce rather than break with dominant power structures in the economic, governance and cultural domain. The majority of scenarios reflects an anthropocentric worldview and assumes that the logic of global capitalism and of the Westphalian state-based governance system will not change radically during the 21st century. The implicit solution of sustainability problems dominating these scenarios is a combination of continuous economic growth, rapid technological progress and an international (environmental) agreement. ‘Alternative scenarios’ are scarce, often only problematize one dimension of the social structure of world society and frequently lack explicit drivers of change or pathways to desirable futures. To increase the diversity of scenarios, future research should focus on refining and quantifying existing post-capitalist, post-state-centric and/or ecocentric scenarios, and on developing a range of scenarios whose storyline systematically problematize or even break with current power structures.

Assessing the Effectiveness of the 10 United Nations Global and Multilateral Climate Treaties

International Environmental Agreements (IEAs) have been implemented to address sustainability challenges and encourage international cooperation. The effectiveness of IEAs remains a topic of discussion, particularly in the context of addressing climate change. As CO2 emissions are influenced by a country’s economic activity and population size, the question of fairness arises when holding nations accountable for their contributions to climate change. The United Nations (UN) has played a significant role in shaping global treaties on climate change and facilitating multilateral negotiations across member nations. While UN-brokered IEAs offer a framework for cooperation and environmental regulation, debates persist regarding the allocation of responsibility and the effectiveness of implementation. This paper examines specific IEAs relating to global climate change and their achievements, limitations, and potential for improvement.

Aligning adaptation and sustainability agendas: lessons from protected areas

Nations worldwide are committing to international environmental agreements and defining aspirational goals aligned with their sustainable development priorities and responsibilities. The post-2020 Global Biodiversity Framework is an example of such aspirations. Under this framework, nations aim to expand protected areas or create new ones as one way to integrate conservation and climate change agendas. However, implementing those high-level agreements does not necessarily align with local realities and dynamics. In this paper we examined the operational challenges experienced by protected areas actors to adapt conservation strategies to climate change. Based on interviews at the local level and a policy analysis, we identify adaptation narratives and explore potential mismatches in their implementation at the national and local level (protected areas) in three countries: Australia, Colombia, and South Africa. We assess how local visions and interpretations of adaptation align with high-level policies and how existing institutional arrangements facilitate or constrain the implementation of adaptation and, therefore, aspirations for long-term sustainability. We found that adaptation narratives at the local level are framed by common ideas and identities based on local relations within a territory. At the same time, existing governance arrangements and political contexts determine the feasibility of adaptation. The primary mismatches are high-level political and economic interests denoting different interpretations about the territory and of local realities, including the readiness, technical, and resource capacity of protected areas actors to implement adaptation. Place-based adaptation provides a common ground for scaling adaptation. However, scaling adaptation requires enabling institutional contexts, clear rules and policies to facilitate deliberations and coordinated responses across different actors and sectors, while guiding the uptake and integration of local needs and realities within national agendas.

Law Enforcement of Environmental Agreement Violations by Business Entities

In the increasing demands for environmental protection and management which are currently increasing and require attention from every child of the nation as both policy makers and the community in general, the environmental law since the enactment of Law Number 4 of 1982 to Law Number 32 of 2009 which was then codified in the main ideas of Law Number 6 of 2023 concerning Job Creation, this is the answer to the government's efforts in enforcing environmental law to be better and more beneficial. In the application of criminal law sanctions as a result of criminal acts by reviewing and highlighting the application of law to the implementation of environmental management as an effort for environmentally sustainable development, problems regarding the consequences of criminal acts committed by Business Entities so that they can result in additional criminal penalties must be based on legal norms by paying attention to the level of public awareness and global environmental developments and international legal instruments related to the environment as well as the awareness and life of the community in relation to environmental management have developed in such a way that they need to be refined to achieve the goals of environmentally sustainable development.