The EC Zoos Directive: A Lost Opportunity to Implement the Convention on Biological Diversity

The Convention on Biological Diversity 1992 requires contracting parties to take ex-situ conservation measures to protect biodiversity. This paper considers the effectiveness of the Zoos Directive in implementing this obligation within the European Union. The directive requires zoos to have an education role and at least one further conservation activity, which may be research, training, information exchange, captive breeding, or species reintroductions. However, the Convention requires parties to engage in all of these activities. EU member states have been reluctant to implement the directive. In any event, it is unlikely significantly to affect the conservation activities of the majority of zoos, as they are either already in compliance or they may comply with minimal effort. Most significantly, the directive does not specifically require zoos to participate in the captive breeding and reintroduction of endangered species, and this is arguably their most important potential (if not actual) conservation role.     

Explaining European Union effectiveness (goal achievement) in the Convention on Biological Diversity: the importance of diplomatic engagement

International Environmental Agreements: Politics, Law and Economics - Recent scholarly work on the European Union (EU) in international environmental agreements has thus far lacked a focus on...     

Performance of the Global Environmental Facility (GEF) in China: Achievements and Challenges as Seen by the Chinese

This paper discusses the Global Environment Facility (GEF) and its achievements and challenges in China, the country obtaining most GEF support. This paper relies on Chinese perceptions, and less on views from the implementing agencies (IAs), the World Bank, UNDP and UNEP. Most attention is given to climate change and biodiversity. The paper asks what has been achieved; how effective has the GEF been? The study concludes that GEF funding has been important for China’s environmental problems. GEF and its IAs have contributed to raised awareness and technology development and have boosted institutional capacity through participation in project activities and training. The main emphasis has been placed on climate change projects and less on biodiversity. Much has been achieved by the GEF in China, but challenges exist. At the international level, the interests and roles of the GEF system, its IAs and recipient countries are not always compatible. GEF projects may suffer as a consequence. Another challenge relates to the seeming difference in effectiveness between World Bank projects and projects of the other IAs. Domestic challenges concern turf battles, problems related to information sharing, and different priorities among actors. The various government institutions’ reluctance to co-operate impacts significantly on the performance of GEF projects in China. The IAs should insist on smoother collaboration, and force the institutions to work together. Moreover, severe problems are apparent regarding financing as well as application procedures. Improvements are under way regarding the GEF application procedures. This will have a limited impact unless the Chinese side simplifies and improves procedures.     

Challenges and prospects of implementing the access and benefit sharing regime of the Convention on Biological Diversity in Africa: the case of Ethiopia

An analysis of the implementation of the access and benefit sharing (ABS) regime under the Convention on Biological Diversity and other related regimes in Africa and, in particular, Ethiopia, reveals the following challenges: (a) centralization of power in the hands of the federal government with little attention to regional and local governments; (b) lack of effective mechanism for the participation of communities in ABS; (c) generality and vagueness of the regulatory regime and lack of regulations and guidelines for the effective implementation of the regulatory regime, (c) poor drafting of ABS Agreements; and (d) lack of effective enforcement and follow-up mechanisms for ABS Agreements. Nonetheless, despite the shortcomings, the article suggests that Ethiopia’s experience provides an important lesson for other countries confronted with the challenge of designing fair genetic resource governance at the national level and, more importantly, shows the challenges poor countries face in developing and implementing ABS Laws and in negotiating, concluding and enforcing ABS Agreements.     

The Framework Convention for the Protection of the Marine Environment of the Caspian Sea

The Framework Convention for the Protection of the Marine Environmentof the Caspian Sea, which concluded recently between Azerbaijan,Iran, Kazakhstan, Russia and Turkmenistan, is a great step onthe long path of rescuing the fragile Caspian Sea environmentdevastated by the economies of the coastal States, unsustainableexploitation of the non-living resources of the seabed and negativeimpact of illegal fishing. The Convention complies with allcurrent standards of modern international environmental lawand should be seen as a part of the progressive developmentof international legislation on environmental protection.     

论金融消费者保护视野下金融纠纷调解机制的构建

与普通的民事纠纷相比,金融纠纷具有内容的专业性、目标的明确性等特点,传统的解决途径对此应对不足.同时由于信息不对称、认知偏差、羊群效应等原因,金融消费者在金融纠纷中往往处于劣势地位,为了加强对金融消费者的保护,多元的、通畅的、便捷的纠纷解决机制必不可少.作为ADR之一的调解制度,在化解金融纠纷、保护金融消费者、改善金融生态环境上大有可为.结合当前我国的实际情况,借鉴香港地区的经验,建议我国构建统一的金融纠纷调解机制,为高效、快捷地化解金融纠纷扩宽渠道,从而更好地保护金融消费者.     

Addressing the Global Tragedy of Needless Pain: Rethinking the United Nations Single Convention on Narcotic Drugs

The lack of medical availability of effective pain medication is an enduring and expanding global health calamity. Despite important medical advances, pain remains severely under-treated worldwide, particularly in developing countries. This article contributes to the discussion of this global health crisis by considering international legal and institutional mechanisms to promote wider accessibility to critical narcotic drugs for pain relief.     

Plugging the Prisoner Finance Gap: A Critical Analysis of Financial Support for Newly-Released Prisoners

Abstract: The prison discharge grant is intended to meet prisoners' immediate needs on release and assist with living costs prior to their receiving their first benefit payment. It has been widely criticised for providing inadequate financial support, leaving prisoners with a gap in their finances on release. This article discusses the extent to which recent policy developments have been effective in closing this gap. The analysis is based on data from a longitudinal qualitative study of 40 prisoners who were tracked over a six-month period following their release from prison. This research shows that despite new policy initiatives the prisoner finance gap remains.     

论后金融危机时代金融监管国际合作的组织机制——全球金融集体安全机制构建思考之一

金融全球化呼唤金融监管国际合作,而金融监管国际合作需要国际金融监管组织。鉴于目前的国际社会结构,国际金融监管组织只能是国家间组织,而非超国家组织。由于现有的国际金融组织都不足以担当金融监管国际合作的历史使命,国际社会需要创建一个全新的国际金融监管组织。这一全新的国际金融监管组织应该具有以下组织形态特征:第一,它应该是一个全球性的、开放性的、专门性的、政府间的金融监管组织;第二,它应该是一个能够凸显国际关系民主化的金融监管组织;第三,它应该是一个具有横向综合监管职能的金融监管组织。     

海牙《选择法院协议公约》之防御性机制研究

作为目标宏大的《民商事管辖权与判决公约》难产的情况下达成的最大共识的产物,《选择法院协议公约》包含了大量的排除公约适用的防御性条款,对此深入研究可以为我国批准和加入公约后更好地解决国际民事诉讼中管辖权的冲突,以及更好的保护我国的司法主权提供理论基础。