Environmental regime effectiveness and the North American Great Lakes Water Quality Agreement

Scholars and practitioners around the globe are grappling with how to improve the effectiveness of complex, transboundary, and multilevel environmental regimes. International environmental agreements (IEAs) have been around for decades yet achievements and outcomes have not met expectations. While international relations scholars have primarily focused on the effectiveness of agreements between states, public policy scholars have been interested in outcomes at a variety of scales including international, national, sub-national, and local across various environmental policy domains and at the instrument and program levels. This article presents findings from a case study of environmental regime effectiveness that uses a modified version of the Oslo-Postdam solution to assess the effectiveness of the Great Lakes Water Quality Agreement, a long-standing, bilateral international environmental agreement between Canada and the USA. The findings indicate that there is a need to more broadly define international environmental agreements in complex transboundary systems to include both formal and informal regime features and multilevel governance efforts and to focus on specific policy goals and ecological outcomes associated with IEAs. This case also illustrates the potential to modify the Oslo-Postdam approach by combining expert assessment and data collection methods with traditional policy analysis and program evaluation methods in assessments of environmental regime effectiveness.     

Science and Policy in International Environmental Agreements: Lessons from the European experience on Transboundary Air Pollution

Science and policy come together in the use of computer models for International Environmental Agreements (IEAs). We study a successful case in using Integrated Assessment Models (IAMs) in defining the long-range transboundary air pollution policies in Europe. In the light of the history of the LRTAP Convention of the UN-ECE, we consider the special circumstances which led to the success of the RAINS model that was employed. We find that the collaborative, self-aware and evolutionary character of the institutional framework built among the LRTAP Convention, IIASA and the EU facilitated the successful adoption of RAINS. We also show how the limits of computer models, fully recognised in this case by producers and users, leave issues of uncertainty, distribution and ethics unresolved. When facing international negotiations, several coalitions might emerge. An analysis of the situtation is done in terms of First-Comers and Late-Comers in Environmental policy, the first group undertaking the initiative to formulate international policies on issues that are of concern to themselves and for which they have acquired technologies, models and know-how, while the second group is just following international policy and most often viewing it as a constraint. This is discussed in the example of the Spanish participation in the negotiations about sulphur emissions in the buildup to the Oslo Protocol. The adoption of the precautionary principle is often being used as a way to handle uncertainty when facing urgent policy responsibilities for environmental issues.     

Enforcing compliance with international environmental agreements using a deposit-refund system

Whether nations are able to cooperatively manage shared resources through international environmental agreements (IEAs) depends on whether compliance with voluntary commitments can be enforced. Given that nations are sovereign enforcing compliance with IEAs cannot rely on the presence of a strong sanctioning body. Nonetheless, enforcement provisions must be effective in the sense that they will deter non-compliance and credible in the sense that they will actually be imposed. In this paper, we address the problem of enforcing compliance with IEAs by examining one promising mechanism—a deposit-refund system—that exhibits the necessary features for effective enforcement. We analyze a simple model to demonstrate the desirable properties of the mechanism and then consider the effects of imperfect monitoring, uncertainty, partial participation and reputation on the effectiveness of a deposit-refund system.     

Attainability of International Environmental Agreements as a Social Situation

This paper applies the theory of social situations to study whether international environmental agreements (IEAs), mainly those on greenhouse gas emission reductions, can be attained. A game theoretic model is generally a black box for decision makers, where the mechanisms, which lead to solution(s) of the game, are not explicitly pointed out. This paper opens this black box by making the (institutional) move rules explicit. The usual pessimistic outcome with an ineffective and small size of stable coalitions among world regions is countered. Our model challenges conventional wisdom in the sense that large coalitions are possible outcomes of the cartel game, namely by incorporating: (1) farsightedness, and (2) coalitional moves with commitment as an alternative to myopic and individual moves which characterise the cartel game. We show that even if the international negotiations on climate change mitigation are modelled as an n-person prisoner's dilemma, one cannot rule out cooperation among world regions as a solution of the game. Indeed, in most analysed situations the grand coalition is among the solutions of the game. This shows that predictions based on cartel stability may be too pessimistic if it comes to analysing incentives to cooperate in implementing international environmental policy. Moreover, in an empirically calibrated model, we find three out of six instances where Russia (with or without the US) has an incentive to sign the Kyoto protocol.     

What is adaptation to climate change? Epistemic ambiguity in the climate finance system

Over the past decade developed states have committed significant public financing for climate change adaptation. Much of this public financing flows through international development organizations. States have delegated the implementation and monitoring of adaptation to existing international organizations such as the World Bank, the United Nations Development Programme, and the Organisation for Economic Co-operation and Development. Scholars have noted that states delegate discretion to specialized organizations to perform a task on their behalf, but have not explored how uncertainties about the nature of the task affect delegation. This article addresses this gap by distinguishing the concept of epistemic ambiguity (when states are uncertain about the exact nature of a task) from strategic ambiguity (when states do not reach consensus over a task due to political differences) in order to address the question: how have states and international organizations defined and implemented adaptation activities? The question is answered through case studies of: (1) adaptation projects administered by the United Nations Development Programme and the International Organization for Migration in Kenya; and (2) states’ and international organizations’ attempts to develop methodologies for reporting adaptation financing. The case studies are based on: primary documents published by states and international organizations, secondary literature on climate finance, and interviews with adaptation experts. This article argues that states have not precisely defined adaptation, and that this is substantially due to epistemic ambiguity. It then identifies two consequences of epistemic ambiguity: a proliferation of activities labelled as adaptation, and difficulties tracking and monitoring adaptation assistance.     

International environmental agreements with agenda and interaction between pollutants

This paper analyzes how the sequence of negotiating agreements on each pollutant affects coalition behavior in international environmental agreements (IEAs) when multiple and correlated pollutants exist. I consider a model in which countries suffer from two pollutants with different externality characteristics and attempt to cooperate by sequentially negotiating on IEAs. The membership outcome depends on the environmental concern, abatement technology, spillover effect and most importantly the correlation between pollutants as either substitutes or complements. I find that cooperation in the first stage can facilitate later negotiations and that countries are prone to cooperate on a pollutant of common concern. Moreover, except for symmetric countries, different negotiation agendas may result in distinctive participation outcomes when pollutants are complements. Therefore, with systematic policy design, the negotiation sequence can serve as another method to encourage participation and cooperation in IEAs.     

European air pollution assessments: co-production of science and policy

This paper examines the question whether the scientific knowledge framework produced in the context of the Convention on Long-range Transboundary Air Pollution (LRTAP) can keep its credibility, legitimacy and relevance when used in a different policy arena, e.g. the European Commission (EC) of the European Union. The paper combines a conceptual framework for considering effective assessments with the notion of boundary work and co-production of science and policy to examine differences between the roles and division of tasks between scientists and policy makers in the two different policy contexts. The paper concludes that, despite the differences between the two policy settings, user characteristics and the historical context are to a certain extent similar in LRTAP and the EU Clean Air for Europe Programme (CAFE), and that participants in the two processes partially overlap and tackle the same policy problem. The scientific knowledge framework as developed within LRTAP can maintain credibility, legitimacy and relevance when it is used in CAFE if certain conditions are fulfilled. One condition is the effective functioning of LRTAP, because the CAFE assessment process remains also dependent on the LRTAP process. Data collection and mapping efforts in the context of LRTAP form also the basis for the analyses within CAFE. Furthermore, a broadly embedded scientific basis is needed in the countries to enable each country to follow or relate to the analyses commissioned by the EU. The conceptual framework and concept of boundary work used in this paper turned out to be helpful in focusing on the dynamic relationship between science and policy.

Law and Institutional Legitimacy in the Practice of Human Rights

The Heart of Human Rights develops an account of human rights as legal entities that serve important moral purposes in a legitimate international human rights practice. This paper examines Allen Buchanan’s general concept of institutional legitimacy and aims to expand that concept by emphasizing its connection with several ideas developed in the book about the nature and function of a system of international human rights. When it incorporates those ideas, Buchanan’s ‘Metacoordination View’ can be seen to set a standard of legitimacy not only for assessments of an international scheme of human rights institutions, but also for the basic institutional structures of domestic states. Furthermore, we can see how the nature and function of human rights in the international practice of human rights bears on legitimacy assessments of particular domestic institutions.     

The Aarhus convention and process cosmopolitanism

The convention on access to information, public participation in decision making and access to justice in environmental matters (Aarhus) celebrates its twentieth birthday in 2018, yet its ethical potential remains unexamined. This paper assesses its ethical potential via the ethico-normative lens of the English School of international relations, eliciting the degree of pluralism and solidarism evident. It first presents pluralism and solidarism as ideal types against which research objects are assessed. Second, it analyses Aarhus’ trinity of procedural rights, identifying solidarist potential whilst noting pluralist realities. Third, it casts Aarhus as exemplifying a nascent process cosmopolitanism, rendering sovereignty more responsible by enriching it with humanity, which here denotes a rudimentary sense of affinity between humans, irrespective of territorial identities, based on the rights shared by, and duties towards, one another. The paper concludes that Aarhus demonstrates the presence of, and contributes to, a solidarist international society, delineated by convention membership. If weaker cosmopolitanism accords equal concern to humans and stronger cosmopolitanism requires equal treatment, Aarhus demonstrates the feasibility of a stronger cosmopolitanism emerging in international environmental politics. Chiefly, Aarhus seeks to reduce imposed harm, suffered by humans who lack the knowledge and autonomy to influence decisions that affect them. Such headway is tentative, but this is welcomed as evolutionary reform coheres with the persistence of sovereign statehood. Aarhus’ cosmopolitanism, yielding a moderating influence on sovereignty, will not emerge without a stable framework in which states institutionalise it. International politics remains, but can be enriched by procedural approaches to foregrounding human rights, which states must accommodate to be deemed legitimate.     

The struggle over Turkey’s Il?su Dam: domestic and international security linkages

While on the surface the Turkish state appears to have asymmetrical power vis-à-vis downstreamers and local societal opponents, and therefore, the ability to shape basin politics, domestic, basin and international protest over the ‘securitised’ Il?su Dam in Turkey proved more decisive in that respect. A cornerstone of the GAP (Güneydo?u Anadolu Projesi, Southeast Anatolia Project) multi-dam project to harness the water from the Euphrates and Tigris, the dam project elicited successful resistance from Turkey’s downstream neighbours, social and environmental NGOs and professionals targeting the international donors and contractors. On the basis of document research and interviews, this article investigates which factors opened up the space for politicising the project, and how this politicisation played out in both the domestic and international domain. The link between the securitised (where water is almost by default a security issue) and non-securitised spheres of hydropolitical decision-making (where it is not) proved crucial to the success of the anti-dam opposition.     

A Theoretical Model of Drug/DUI Courts: An Application of Structural Ritualization Theory

Past studies of Drug/DUI courts primarily focused on outcome evaluation and policy-driven issues, but lacked an effective theoretical framework for understanding drug court programs, in particular the interaction between the program and clients. In this study, we apply structural ritualization theory (SRT) to the Drug/DUI program and argue that such programs serve two key functions, to disrupt clients’ old rituals (e.g., drug/alcohol abuse, committing crimes), and to help lay a foundation for building new abstinent and noncriminal ritualized practices for clients both in and after the drug court program. We further argue that the effectiveness of drug program functions and services at the organizational level and the success of clients’ transformation at the individual level can be empirically measured and studied by four elements of SRT, including salience, repetitiveness, homologousness, and resources. Policy implications are drawn based on the contribution of SRT.     

The Comfort of International Criminal Law

This paper examines the changing relationship between the disciplines of international criminal law (ICL) and international human rights law; I particularly focus on the associations of the former with comfort and the latter with discomfort. It appears that a shift may be taking place in that ICL is being refashioned from a field enforcing human rights law to one which has assumed an entirely independent status. Indeed, ICL appears to be crowding out international human rights law. The inquiry begins with the question whether ICL is becoming the preferred discursive framework for practitioners, academics, and politicians. A contemporary desire for certainty over contention, action over discourse, and simplicity over complexity is revealed; in short, a preference for comfort over discomfort. The second half of the paper is dedicated to highlighting some of the concerns attached to this preference and suggesting possible techniques for addressing these concerns. Employing the idea of ‘discomfort’, I refer to the relevance of (1) Michel Foucault’s Ethics of Discomfort, (2) Judith Butler’s idea of the Language of Discomfort, and (3) draw on Franz Kafka’s literary exploration of the Comfort in Discomfort. The ideas culminate in a call for relearning the comfort in discomfort of contention, discourse and complexity in international law.     

Comparing the Recognition Memory Test and the Word Choice Test in a Mixed Clinical Sample: Are They Equivalent?

The Recognition Memory Test (RMT) was compared to the Word Choice Test (WCT) within the same fixed neuropsychological battery administered to a mixed clinical sample of 237 adults to empirically evaluate the psychometric equivalence of these two instruments. On average, there was a 3-point difference in raw scores between the two instruments (M _RMT?=?44.3, SD _RMT?=?6.8; M _WCT?=?47.1, SD _WCT?=?4.6; p?d?=?.48). The probability density functions differ substantially at the two ends of the scale but are similarly ≤42. Cross-validation analyses suggest that the RMT cutoff of ≤42 is functionally equivalent to a WCT score of ≤45.     

Spousal Rejection as a Risk Factor for Parental Rejection of Children

Limited information is available about the international generalizability of the common conclusion that marital discord tends to be associated with problematic parenting. Pakistan is a sociocultural context known for a high frequency of marital distress. Accordingly, this study draws from a sample of 270 Pakistani families with children between the ages of 9 to 13 years (M?=?11.21 years). In this study we explore the question: Are Pakistani children’s perceptions of maternal and/or paternal rejection related to their parents’ perceptions of spousal rejection? Results of a hierarchical multiple regression analyses showed that wives’ perceptions of husbands’ rejection predicted children’s perceptions of maternal rejection, as well as—but to a significantly lesser extent—children’s perceptions of paternal rejection. Similarly, husbands’ perceptions of wives’ rejection predicted children’s perceptions of paternal rejection, as well as—but to a significantly lesser extent—children’s perceptions of maternal rejection. Results of this research, along with the slim body of prior international research, suggests that the concept of “spillover effect” used to explain the association between spousal rejection and parental rejection may have widespread international applicability.     

International Community and Abuses of Sovereign Powers

International law was traditionally a horizontal and state-centric system of rules. Although state-centrism is in decline, it is still reflected in some of the core concepts and procedures governing contemporary international law. This article identifies the community-oriented values in the international community that stretch beyond the interest of sovereign states. It further explores how these values can be protected by the international community when states abuse their sovereign powers. Attention is paid to the concepts of Chapter VII powers and limitations on the authority of the Security Council, as well as the concepts of obligations erga omnes and norms jus cogens. While the latter two concepts reflect fundamental values of the international community, they cannot be used as an enforcement mechanism to address the abuses of sovereign powers. The enforcement can come from Security Council resolutions adopted under Chapter VII of the UN Charter. Notably, the concept of the international peace and security nowadays covers even seemingly purely domestic gross and systematic violations of human rights. Despite this stretch of the Security Council’s powers, the community-oriented rules also demand that its measures need to be interpreted with the framework of international human rights law in mind. The article concludes that the post-Second World War era has seen a turn away from state-centrism and toward a community-oriented international legal system. The international community has acknowledged the existence of a rights-based minimum threshold of a shared value system. However, the enforcement of this value system remains subject to state-centric procedures. There is no automatic and readily available remedy against abuses of sovereign powers.     

More Norms,Less Justice: Refugees,the Republic,and everyone in between

The paper argues for conflating refugees and internally displaced persons (IDPs) as two sides of a work-in-progress postcolonial state. To be sure, aliens, refugees, IDPs, and stateless persons are separate legal entities. Nevertheless, this fragmented normative regime stands testimony to more laws and less justice. Many Asian states have no domestic refugee law. India, a common law system, takes a case by case approach as refugees are given “temporary shelter on humanitarian considerations”. Ironically, a work-in-progress postcolonial state sustains even de jure citizens as de facto stateless persons; the erstwhile Indo-Bangla enclaves for more than half a century were an apt example. Surely, the raison d’être of international law on refugees is to end human suffering, if needed, by transcending the absence of positive laws. A constitutional and political desire to minimise human suffering alone could cut the rigour of such positivist legal narratives. The Delhi High Court seemingly walked that path in Koul v Estate Officer noting “refugees and IDPs appear to be similarly situated”. Rising terrorism has made states increasingly believe in a security narrative all the same. A simultaneous emergence of a demographic anxiety particularly in India’s North-eastern states increasingly pits aliens and refugees against the domiciled indigenous and tribal people.     

Tax Havens: Renegade States in the International Tax Regime?*

Taxing multinational enterprises (MNEs) is inherently conflictual because national tax systems are not well designed to handle their international activities. The OECD has been instrumental in developing an international tax regime to govern the conflicts and interdependencies induced by national taxation of MNEs. The strength of this regime depends on the extent to which states adhere to the regime's norms and practices. We examine the OECD's Harmful Tax Competition initiative, arguing that tax havens have been as renegade states in the international tax regime. We explore how the OECD initiative developed and evaluate its impact on regime effectiveness.     

The Future of International Investment Regulation: Towards a World Investment Organisation?

With growth in foreign investment and in the number of companies investing in foreign countries, the application of general principles of public international law has not been deemed adequate to regulate foreign investment and there is, as yet, no comprehensive international treaty on the regulation of foreign investment. Consequently, states have resorted to bilateral investment treaties (BITs), regional trade and international investment agreements (IIAs) and free trade agreements to supplement and complement the regime of protection for foreign investors. In the absence of an international investment court, states hosting foreign investment or investor states have opted for investor-state dispute settlement mechanism (ISDS). This mechanism has brought about its own challenges to the international law of foreign investment due to inconsistency in the application and interpretation of the key principles of international investment law by such arbitration tribunals, and further, there is no appellate mechanism to bring about some cohesion and consistency in jurisprudence. Therefore, there are various proposals mooted by scholars to address these challenges and they range from tweaks to BITs and IIAs, the creation of an appellate mechanism and the negotiation of a multilateral treaty to proposals for reform of ISDS only. After assessing the merits and demerits of such proposals, this study goes further, arguing for the creation of a World Investment Organisation with a standing mechanism for settlement of investment disputes in order to ensure legal certainty, predictability and the promotion of the flow of foreign investment in a sustainable and responsible manner.