Council of Europe/UNEP,Pan‐European biological and landscape diversity strategy,Invasive Alien Species

Abstract

The notion of sustainable development has become, over the last fifteen years, an integral part of international environmental law and policy. It is recognition that environmental issues do not exist in a vacuum, but rather arc part of much wider structural issues involving both economic and social dimensions. However, does this concern for sustainable development now mean that protecting the natural environment is no longer about ecological conservation per se, but rather is simply abour ensuring an adequate environment to maintain economic development? And if so, what of those environments where the economic value is a secondary consideration? Or where human activity has a disproportionate effect? Can sustainable development be interpreted in a way that reconciles these seemingly opposite demands? This paper examines these issues from the perspective of the 1991 Madrid Protocol on Environmental Protection to the 1959 Antarctic Treaty. It will suggest that sustainable development is a broader concept than one that simply requires an instrumental approach to environmental protection. In fact, the paper will conclude that sustainable development is a relatively meaningless notion if it docs not also contain a strong element of environmental conservation, and not only in such ecologically important areas as Antarctica.     

Permanent Land-based Facilities for Tourism in Antarctica: The Need for Regulation

Antarctica is often described as one of world's last wildernesses. For a very long time, its isolation from human settlements provided an effective protection from intensive human visitation; however, over the past two decades, human activities in Antarctica – in particular tourist activities – have grown and diversified rapidly. In view of environmental and other concerns, regulating Antarctic tourism has become one of the major issues of debate within the Antarctic Treaty System. One of the questions that has received much attention since 2004 is the question of whether additional measures are needed to regulate (e.g. prohibit) the future development of permanent land-based facilities (such as hotels, visitor centres, logistic facilities) for tourism in Antarctica. A number of State governments involved in the Antarctic Treaty System have proposed to prohibit such developments; however, the question has not yet received a clear answer.
After a brief introduction to the Antarctic Treaty System, this article provides a definition of permanent land-based facilities for tourism and an overview of current and past land-based tourism facilities in Antarctica. Next, the question of whether such facilities are likely to further develop in the near future is discussed and an inventory is made of arguments for and against such developments. Environmental issues will be discussed first, followed by other considerations. Based on this information, a number of regulatory options are described for consideration by policy makers. The authors argue that there is a need for regulating permanent land-based tourist facilities in Antarctica and in the conclusion of this article they express their views in respect of the most favourable option.     

Alternatives for an Arctic Treaty – Evaluation and a New Proposal

This article examines the alternative proposals for an Arctic treaty that have been put forward by scholars and international organizations. The numerous proposals on record draw their inspiration from various sources: chief among these is the Antarctic Treaty System (ATS), but maritime regimes and even principles such as the common heritage of humankind are represented as well. The goal of the article is to examine the proposals in depth to ascertain what is viable and what is problematic in each. This analysis will help in outlining a new treaty that can accommodate both the political realities in the Arctic and the societal goals pursued in the region.     

A critical review of the successful CFC phase-out versus the delayed methyl bromide phase-out in the Montreal Protocol

The Montreal Protocol is often described as an international environmental agreement par excellence. After all, it successfully led to the phase-out of almost 95% of all chlorofluorocarbon (CFC) use. A critical review of the Protocol’s history, however, suggests that its successes are deeply entrenched in the economic opportunities that were made available to phase out CFCs. The Montreal Protocol, in other words, was a “best-case scenario” for CFC producers. This may be problematic for policymakers, ecological modernization practitioners, and other scholars who look to the Montreal Protocol for guidance in phasing out other global environmentally harmful substances and practices that are not as “economically efficient.” The shift to delay the phasing out of methyl bromide (MeBr) in the Protocol, an ozone-depleting substance used to this day primarily in strawberry and tomato production, demonstrates how even this most successful of international environmental agreements can become subject to significant setbacks when economic gains and scientific evidence are not obvious to the global powers. Furthermore, changes in what constitutes a viable exemption to the phase-out of CFCs versus MeBr marks a shift away from concern for the general functioning/welfare of society, and toward concern for the market performance of specific individuals. This shift runs parallel to a lack in economic incentives to phase out MeBr in the United States. The article demonstrates how civil society representation in ozone politics is largely dominated by industry interests, especially when scientific uncertainty is high.     

Book Reviews

Books reviewed:
Barry Barton et al. (eds), Energy Security: Managing Risk in a Dynamic Legal and Regulatory Environment
Scott Barrett, Environment and Statecraft: The Strategy of Environmental Treaty-making
Malgosia Fitzmaurice and Milena Szuniewicz (eds), Exploitation of Natural Resources in the Twenty-First Century
Ved P. Nanda and George Pring, International Environmental Law and Policy for the Twenty-First Century
K. Bastmeijer, The Antarctic Environmental Protocol and its Domestic Legal Implementation
Kevin P. Gallagher and Jacob Werksman (eds), The Earthscan Reader on International Trade & Sustainable Development
Xue Hanqin, Transboundary Damage in International Law     

Book Reviews

Book review in this Article
Toxic Torts, Charles Pugh & Martyn Day
The Effectiveness of International Environmental Agreements: A Survey of Existing Legal Instruments Ed. Peter H. Sand
International Law and the Antarctic Treaty System, Sir Arthur Watts
Environmental Protection and International Law. Eds: Winfried Lang, Hanspeter Neuhold and Karl Zemanek.     

从国际法角度析空间武器问题

美国于2002年退出《弹道导弹条约》,并启动导弹防御计划,使外层空间面临着成为军备竞赛新场所的危险.尽管现有的国际法对空间武器的使用是否合法没有作明文规定,但包括《联合国宪章》等在内的国际法律性文件都试图以法律手段实现外层空间的非军事化;而根据《部分禁止核试验条约》,不允许缔约国进行任何使用核动力的导弹拦截试验;《环境影响公约》和《外空条约》等则禁止出于军事目的或任何其他敌对方式使用空间武器.     

Airport Noise and the Right to Family Life: A Legitimate Application of Article 8 of the European Convention?

The central question in this piece is the scope of Article8 of the European Convention on Human Rights and in particular its extension to the protection of environmental rights.Whilst environmental rights have been recognised as fundamental human rights in international and regional contexts, the extension of the positive obligations of the state in relation to Article 8, which focuses on the private sphere, is problematic where there is an onus on the individual state to balance the inevitable conflicts between the protection of individual rights and national economic interests which include the freedom of individuals and groups to enjoy the benefits of competitive business. Equally important is the question ofeffective remedies where a violation of the Convention has been found. This revised version was published online in August 2006 with corrections to the Cover Date.     

Implementing Global Nature Protection Agreements in Russia

The article discusses Russian implementation of the Ramsar Convention, the World Heritage Convention, CITES and the Convention on Biological Diversity. The country's international obligations are part of Russian law, but little has been done by Russian authorities to implement the agreements on the ground. Compliance with the international agreements is the result of Russian protection measures that exist independently of the conventions. Environmental concerns have been given reduced priority since the early 1990s. An independent environmental protection agency no longer exists, and the number of inspectors has been drastically reduced. Implementation activities are undertaken primarily by international NGOs, and partly by regional authorities.     

Book Reviews

Books reviewed in this article:
Christoph Bail, Robert Falkner and Helen Marquard (eds), The Cartagena Protocol on Biosafety: Reconciling Trade in Biotechnology with Environment and Development?
Lyuba Zarsky (ed.) , Human Rights and the Environment, Conflicts and Norms in a Globalizing World
Eric Neumayer , Greening Trade and Investment: Environmental Protection without Protectionism
Rosalind Reeve , Policing International Trade in Endangered Species: The CITES Treaty and Compliance
Nicolas de Sadeleer , Environmental Principles: From Political Slogans to Legal Rules
Peter Ehlers, Elisabeth Mann-Borgese, Rüdiger Wolfrum, Cristina Hoß (eds), Marine Issues: From a Scientific, Political and Legal Perspective
Geir Honneland and Anne-Kristin Jorgensen , Implementing International Environmental Agreements in Russia     

From vocational training to education: the development of a no‐frontiers education policy for Europe?

This article focuses on developments towards an EU educational policy. Education was not included as one of the Community competencies in the Treaty of Rome. The first half of the article analyses the way that the European Court of Justice and the Commission of the European Communities between them managed to develop a series of substantial Community programmes out of Article 128 on vocational training. The second half of the article discusses educational developments in the community following the Treaty on European Union and the Treaty of Amsterdam. Whilst the legal competence of the community now includes education, the author's argument is that the inclusion of an educational competence will not result in further developments to mirror those in the years before the Treaty on European Union. If the 1980s were a decade of expansion, the medium‐term future is likely to be one of consolidation.     

环境法上的公正

环境法的公正具有自己的特征,环境法上存在着区域公正,国际公正,社会公正和代际公正。区域公正是指在相关区域环境权利与义务的分配是否恰当平衡。国际公正涉及国与国之间享有环境的权利和国际环境义务的分担。社会公正要求将环境行为置于社会背景下认识和解决。代际公正要求现实环境问题的解决方案要考虑到下代人的利益。     

Analysis of the governance architecture to regulate GHG emissions from international shipping

Despite the substantial and likely increasing contribution of greenhouse gas (GHG) emissions from international shipping and the related adverse impacts on global climate change, GHG emissions from international shipping are yet neither regulated by the Kyoto Protocol, nor through any other legally binding, internationally accepted regulation. This paper is looking into the governance architecture that is currently in place to regulate GHG emissions from international shipping with a view to analyze whether the institutional degree of fragmentation within this architecture is contributing to the current situation where no legally binding, internationally accepted regulation has been set up yet. Following the hypothesis that the degree and the characteristics of governance fragmentation have a crucial impact on the effectiveness and performance of a governance system, this paper focuses on the current architecture of climate change governance in international shipping and the institutional interplay between its actors. Therefore, the analytical framework builds on approaches from international environmental governance, regime theory, institutional interplay, and fragmentation in international governance architectures.     

有害废物越境转移对传统国家责任的挑战

保护环境、防止污染的跨界损害已成为国际社会的共同利益和共同责任。为有效防止有害废物的越境转移 ,须对传统的国家责任进行重新界定 ,在“相对主权原则”基础上 ,通过导入严格责任、补充国家赔偿责任、确立国家责任承担主体、承担附随义务等途径 ,以弥补传统理论的局限 ,适应环境保护及国际法发展的趋势     

Border carbon adjustments, WTO-law and the principle of common but differentiated responsibilities

This paper considers unilateral border measures, as contemplated by a number of developed states in conjunction with domestic emissions reduction schemes, as they relate to international trade and international environmental law. Specifically, I argue that to the extent that WTO-compliance requires strict adherence to the principle of nondiscrimination, as embodied in the national treatment and most-favored nation provisions in the General Agreement on Trade and Tariffs, there is the potential for conflict with the principle of common but differentiated responsibilities (CBDR), both as a free-standing principle of customary international law and as set out in various multilateral environmental agreements and, in particular in the climate change context, the United Nations Framework Convention on Climate Change and the Kyoto Protocol. This is insofar as the unilateral imposition of BCAs by developed countries shifts costs of compliance with environmental legislation in developed economies onto the developing world. Such allocation may conflict with the principle of CBDR, which recognizes the unequal contribution to environmental degradation of developed countries as well as their enhanced ability to address the challenges presented by such degradation and, as a consequence, requires that they undertake more onerous obligations with respect to climate change mitigation. The paper concludes with a discussion of the extent to which this conflict is illustrative of a deeper tension between efficiency and equity considerations inherent in the intersection of international economic law and international environmental law.     

论中国和平发展与国际法的交互影响和作用

A peaceful and harmonious world is an important social basis for China’s peaceful development, and international law lays a legal foundation and guarantee for building such a world. In the “village of globe” with co-existence and economic globalization, international law provides China a peaceful development with legal certainty in external environment of peace and security, fair and equal international competitive order, and international cooperation; and on the other hand, it puts on an increasing legal restraint on the internal and external strategies of China’s peaceful development. At the same time, the peaceful development of China deems to make a great contribution to the world, which are the main subject of international law in peace and development, as well as to human rights, rule of law and democracy, which are the universal values pursued by international law. Zeng Lingliang, Ph.D of law, is presently a dean and professor in the Faculty of Law in University of Macau. He is an awardee of the Cheung Kong Scholars Award Program and Jean Monnet Chair of European Union Law in Wuhan University, and one of the first three individuals nominated by the China government on the list of panelists in the WTO. He has published many articles on WTO issues, EU law and international law, and his influenced monographs are European Communities and Modern International Law (1992) and its revised edition—European Union and Modern International Law (1994), Law of World Trade Organization (1996), International Law and China in the Early 21 ^st Century (2005) and the Essentials of EU Law—in the New Perspective of the Treaty on the Constitution for Europe (2007).     

Trade mark owners' perspectives on the Madrid System: practical experiences and theoretical underpinnings

Legal context: The Madrid System for the registration of trade marks is basedon two international treaties: the Madrid Agreement Concenringthe International Registration of Marks and the Protocol Relatingto the Madrid Agreement Concerning the International Registrationof Marks. The objective of the system is to assist trade markowners in obtaining trade mark protection internationally andto facilitate their worldwide protection. Thus, the questionarises to which extent the system meets the requirements itwas designed for. Key points: This article presents the Madrid System from in internationaltrade mark owner's perspective, links the Madrid treaties withtrade, and evaluates the Madrid System from a practitioner'spoint of view. The views of trade mark owners varying in size,geographical distribution, market context and number of trademarks filed through the Madrid System have been explored ina series of 23 in-depth interviews. Practical significance: The empirical analysis underlines the important role of theMadrid System in expanding business' market coverage, but alsoshows that a major challenge will be to meet the diverse needsof business operating in varied contexts of developing and developedcountries. While trade mark owners in developed countries needa system that fits high-speed post-Fordist business operations,further awareness-raising and capacity building is necessaryto fully integrate the private sector in developing countriesand to expand participation beyond current usage levels.     

国际私法条约解释的路径依赖与方法展开

国际条约的文本制订及其为当事国接受仅实现了条约的形式统一,而条约的实质统一则需要通过一致解释和适用来达致。国际公法条约解释更多针对的是国家的权利和义务,而国际私法条约解释更多关涉的是私人的权利和义务,且没有相应的管辖国际私法条约的国际争议解决机构,故存在当事国解释的多样性风险。国际私法条约解释在路径上依赖条约解释的习惯法规则的同时,必须坚持自洽性和统一性解释要求。当事国在司法实践中对国际私法条约的解释,倾向于采用约文解释和目的解释方法,要求法官学会自我克制和比较借鉴,使用补充资料作为辅助手段,同时处理好多种约文文本和公共政策条款的解释问题。     

环境权立法的困境与出路

环境权产生于环境危机时代 ,一开始就面临许多困境。实际上 ,环境权体现的是公民与国家之间的权利义务关系 ,即公民的环境权和国家的环境职责。它已经不同于法学界过去惯常所宣称的权利义务的一致性和对等性 ,而体现为权利义务的错位和不对等性。我国应该走环境权宪法化、具体化和公民权化的道路。     

Beyond Kyoto: The EU's Contribution to a More Sustainable World Economy

The EU has been leading the world fight against climate change since the late 1990s. This activism on the international scene has served as a stimulus for a common action against global warming that has, in the last 10 years, become a world referent and the central issue in the EU environmental policy. The most relevant initiative is the greenhouse gas (GHG) emissions trading scheme (ETS), adopted in fulfilment of the Kyoto Protocol. In 2008, the EU adopted a new set of measures on climate and energy for the post‐Kyoto period (2013–2020). This new legal framework, coupled with the provisions introduced by the Treaty of Lisbon and the ‘Europe 2020’ strategy, represents the EU's commitment to promote a more sustainable European and world economic model.