Do unilateral trade measures really catalyze multilateral environmental agreements?

International Environmental Agreements: Politics, Law and Economics - Unilateralism remains an opaque concept associated with discriminatory or coercive policy implications. Legal controversies...     

Free trade agreements for the environment? Regional economic integration and environmental cooperation in East Asia

Traditionally, it has been argued that increased economic competition through free trade agreements would bring about environmental degradation. This study, however, argues that recent international free trade agreements have tended to enhance environmental cooperation among participating countries. This study has examined the process by which East Asian countries have developed mechanisms for the extant level of regional environmental cooperation, particularly highlighting the reasons for commonalities and differences in regional environmental cooperation between ASEAN and the dominant economies in the region. It finds that three factors particularly matter for developing regional environmental cooperative mechanisms: networks of intergovernmental organizations, the strong willingness of political leaders which is often embodied in national strategies for regionalism and the establishment, and the institutionalized linkage—particularly through FTAs—between trade and the environment. Tracing the process of policy evolution within three groups of countries sheds light on the political conditions under which the four entities involved (the ASEAN, Japan, China, and the Republic of Korea) have produced and strengthened cooperative environmental mechanisms among them along with free trade agreements. Focusing especially on the environmental policy changes in Japan, China, and the ROK associated with the creation of its FTAs with ASEAN, the study concludes that each of free trade agreements has incrementally developed environmental cooperation, especially when integrated into a vision for regional integration.     

An adaptation-mitigation game: does adaptation promote participation in international environmental agreements?

International Environmental Agreements: Politics, Law and Economics - This paper studies how the investment in adaptation can influence the participation in an international environmental agreement...     

A mountain or a molehill: is the illicit trade in cigarettes undermining tobacco control policy in South Africa?

This study estimates the size of the market for illicit cigarettes in South Africa between 1997 and 2007 in order to consider the impact of the illicit trade in cigarettes on the effectiveness of tobacco control policies. Estimates of the illicit market are made using data on smoking prevalence and simulations of smoking intensity. The paper shows that the size of the illicit market to have grown substantially from 1997 until peaking in 2000 between 9.4% and 11.5% of the total market. The most recent estimate for 2007 suggests that the illicit market occupied between 7.0% and 11.2% of the total market. These estimates are significantly lower than the anecdotal claims of the tobacco industry. Although the scale of the illicit market is significant it has not undermined tobacco control policy. Consumption in the total market, including both the illicit and legal market, has declined in size consistently. At the same time, tax revenue from higher excise taxes has offset the tax losses as a result of illicit trade.     

Transboundary river basin agreements in the Mekong and Zambezi basins: Enhancing environmental security or securitizing the environment?

Multilateral agreements are emerging as important mechanisms for structuring cooperation in politically and ecologically complex transboundary river basins around the world. While such agreements are offered and legitimized as a means to advance ecological and human security, they instead often promote state-centric environmental securitization. As a result, seemingly progressive agreements grounded in international law are likely to precipitate and mask environmental degradation until it becomes serious or even irreversible, creating both ecological and human security crises at a variety of scales. Case studies of wetland ecosystems in both the Zambezi and Mekong basins reveal the material and discursive linkages between international agreements and security. By drawing on critical approaches that acknowledge both the socially constructed and the multi-dimensional nature of sovereignty, this paper exposes significant institutional barriers to ecologically sustainable transboundary cooperation in the two basins.

Do deep and comprehensive regional trade agreements help in reducing air pollution?

Environmental concerns are increasingly being incorporated into regional trade agreements (RTAs) to promote environmental quality and ultimately ensure compatibility between trade and environmental policies. This occurs in a context where air pollution and its effects on human health are of major concern. This paper investigates whether the proliferation and depth of environmental provisions (EPs) in RTAs are associated with lower concentration levels of particulate matter. We present an index of EPs in RTAs that measures the breadth and depth of the provisions and use it to estimate the effect of ratifying RTAs with different levels of EPs on changes in PM_2.5 concentration levels in a panel of OECD countries over the 1999–2011 period. Using an instrumental variables strategy, we find that countries that have ratified RTAs with EPs show lower levels of PM_2.5 concentrations when we control for scale, composition and technique effects and for national environmental regulations. Moreover, the PM_2.5 concentration levels in the pairs of countries that belong to an RTA with EPs tend to converge for the country sample. The results also hold for a longer period of time (1990–2011) and a broader sample of 173 countries as well as for other pollutants, namely CO₂ and NO₂.     

Strategies in international regime negotiations: reflecting background conditions or shaping outcomes?

Negotiation behaviour is usually seen as an intervening variable—adapted to structural and institutional conditions, but with sufficient degrees of freedom to leave its own imprint on outcomes. Little is known, however, about the extent to which negotiation behaviour in fact shapes outcomes. This paper addresses that question, building on data from the Miles et al. (Environmental regime effectiveness: confronting theory with evidence. MIT Press, Cambridge, MA, 2002) environmental regimes project. Four main conclusions can be inferred from the analysis. First, the Miles et al. core model seems to account for a fair amount of the variance observed in the strategies adopted by “pushers” and “laggards,” but it also leaves ample scope for other explanations. Second, both of these groups respond to the choice of strategy made by the other. Third, adding negotiation strategies to the Miles et al. core model does not significantly change the conclusions obtained from that model itself. Finally, sometimes negotiation strategies—in particular combinations of strategies—nevertheless make a real difference, often through interplay with other factors. To better understand when and how this occurs, we need models that are more sophisticated and a combination of methodological tools designed for aggregating as well as separating effects.     

Academic patents and materials transfer agreements: substitutes or complements?

U.S. universities and academic medical centers long have been important performers of research in the life sciences, but their role as a source of patented intellectual property in this field has changed significantly in the late 20th and early 21st centuries. The expanded presence of formal intellectual property rights within the academic biomedical research enterprise has occasioned numerous expressions of concern from scholars, policymakers, and participants. One widely expressed fear involves the effects of patenting on the conduct of the scientific research enterprise. There is also considerable concern over the possible role of Materials Transfer Agreements (MTAs) in raising research “transaction costs”. On the other hand, others suggest that the contractual structure provided by MTAs may reduce transaction costs and facilitate exchange. This paper undertakes a preliminary analysis of the role of MTAs in the biomedical research enterprise at the University of Michigan, a significant patenter and licensor of biomedical intellectual property. We examine the relationship among invention disclosures, patenting, licensing, and the presence or absence of an MTA. Although data limitations make any conclusions tentative, our analysis suggests that the increased assertion of property rights by universities through MTAs does not appear to impede the commercialization of university research through patenting and licensing.

Who decides on the future of data protection? Role of law firms in shaping European data protection regime

Drawing on theories of European integration and governance and sociological studies on the influence of elite law firms on rule-setting, this paper shows that law firms (a) operate in the area of data protection that is of extreme complexity and requires expert knowledge; and (b) display characteristics similar to other actors who succeeded in influencing agenda-setting and the results of policy-making despite having no formal competence to do so. This article proposes a hypothesis of the influence of elite law firms in EU data protection rule-setting. It argues that the EU data protection sector is prone to such influence as it is by definition transnational and, at some technical and some core points, inadequate to reflect the real data processing practices and therefore is entrenched with uncertainty. Therefore, the research into politics of data protection in Europe cannot disregard the role of these actors in shaping the European data protection regime.     

Revoking consent: A ‘blind spot’ in data protection law?

The flow of personal data throughout the public and private sectors is central to the functioning of modern society. The processing of these data is, however, increasingly being viewed as a major concern, particularly in light of many recent high profile data losses. It is generally assumed that individuals have a right to withdraw, or revoke, their consent to the processing of their personal data by others; however this may not be straightforward in practice, or addressed adequately by the law. Examination of the creation of data protection legislation in Europe and the UK, and its relationship with human rights law, suggests that such a general right to withdraw consent was assumed to be inbuilt, despite the lack of express provisions in both the European Data Protection Directive and UK Data Protection Act. In this article we highlight potential shortcomings in the provisions that most closely relate to this right in the UK Act. These raise questions as to the extent of meaningful rights of revocation, and thus rights of informational privacy, afforded to individuals in a democratic society.     

Robots in the cloud with privacy: A new threat to data protection?

The focus of this paper is on the class of robots for personal or domestic use, which are connected to a networked repository on the internet that allows such machines to share the information required for object recognition, navigation and task completion in the real world. The aim is to shed light on how these robots will challenge current rules on data protection and privacy. On one hand, a new generation of network-centric applications could in fact collect data incessantly and in ways that are “out of control,” because such machines are increasingly “autonomous.” On the other hand, it is likely that individual interaction with personal machines, domestic robots, and so forth, will also affect what U.S. common lawyers sum up with the Katz's test as a reasonable “expectation of privacy.” Whilst lawyers continue to liken people's responsibility for the behaviour of robots to the traditional liability for harm provoked by animals, children, or employees, attention should be drawn to the different ways in which humans will treat, train, or manage their robots-in-the-cloud, and how the human–robot interaction may affect the multiple types of information that are appropriate to reveal, share, or transfer, in a given context.     

Super-national treatment: A misconception or a creation with Chinese characteristics?

The term “super-national treatment” is used as a popular legal term in China. However, its definition and relationship with national treatment obligations have been highly debated. After tracking its history, comparing with the general meaning of national treatment in the context of international law, especially of the law of WTO (World Trade Organization), it shows that super-national treatment is a misconception of national treatment. With the gradual repeal of the preferential treatment of foreign-funded enterprises in China, super-national treatment, as a misleading legal term, should come to the end.     

Children's Participation in Family Law Proceedings: A Step Too Far or a Step Too Small?

The Children (Scotland) Act 1995 established children's rights to have their views considered in family law proceedings. These rights go further than elsewhere in the UK: in requiring parents to consult their children when making any ‘major decision’, in creating a range of mechanisms for children to state their views and through facilitating children becoming party to legal proceedings if they are legally competent. Such rights are not without controversy, either in abstract (Is it in children's best interests to be involved in court proceedings? Should children have such rights?) or in practice (Do children and parents know of these rights and accompanying duties? How do legal professionals judge a child's competency?). This paper explores such controversies, using findings from a feasibility study undertaken with children, parents and legal professionals.     

Organized crime or crime that is organized? The parrot trade in the neotropics

The illegal wildlife trade is one of the most profitable illegal industries in the world, only behind the trafficking of drugs, guns, and humans. Because of the relative ease in poaching wildlife combined with the possibility of high profit margins, many assume that organized crime is heavily linked to the trade. One group of species that is poached, trafficked and sold in illicit markets throughout the world are parrots. While some have claimed organized crime groups are involved in the trade, parrot experts contend there is no evidence of organized crime being involved. The purpose of this paper is to examine the structural organization of the illegal parrot trade in the neotropics to determine if the trade is driven by organized crime or if it is a simply a crime that is organized. The following study is based on 38 interviews with parrot poachers, middlemen, wildlife market sellers, and others knowledgeable on the trade in multiple cities within Bolivia and Peru to better understand the organization of the trade. The results garnered from these interviews do not support the notion that organized crime is involved in the illegal parrot trade in either country. The vast majority of participants are freelance operators where there appears to be no formal organization between or amongst those operating in the parrot trade. Implications of findings are discussed.