- Environment and statecraft: the strategy
of environmental treaty-making
Oxford and New York: Oxford University Press, 2003, 360 pp.
Develops a theory of how states can cooperate in protecting
their shared environmental resources--one that explains the
success of the Montreal Protocol on Substances that Deplete
the Ozone Layer and provides lessons for future environmental
agreements. Describe how the fur seal was saved from extinction
by the North Pacific Fur Seal Treaty of 1911 and explains
why the treaty succeeded. Introduces transnational cooperation
dilemmas. Examines games with multiple equilibria. Considers
customary rights and responsibilities. Explains why custom
is needed, how it is determined, how it can be changed, and
the role of custom in international treaty negotiations. Describes
how international environmental agreements are negotiated;
explains how the process of treaty negotiation affects treaty
outcomes; and examines important features of international
environmental agreements. Studies the treaty participation
game. Examines the Montreal Protocol. Discusses tipping treaties
and the strategic choice of a minimum participation clause.
Investigates the incentives for compliance, the mechanisms
needed to enforce compliance, and the strategy of reciprocity.
Analyzes a trade-off between the depth and breadth of international
cooperation. Explores the use of trade restrictions as an
instrument for deterring noncooperation. Considers the side
payments game. Develops a theory of treaty making to help
practitioners and uses it to analyze global climate change
negotiations and the Kyoto Protocol. Barrett is a professor
at the Paul H. Nitze School of Advanced International Studies,
Johns Hopkins University. Index.
- The Convention to Combat Desertification
and the role of innovative policy-making discourses: the case
of Burkina Faso
Global Environmental Politics, 2004, 4, 3, Aug, 107-127
Examines participation, decentralization, and local knowledge
discourses in CCD policy on reducing soil erosion; presents
field research from Yatenga province and city of Ouahigouya.
- International conservation treaties,
poverty and development: the case of CITES
Overseas Development Institute, January 2002
Discusses the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES), designed to protect
wild species from threat posed by trade, and remaining uncertainties
about trade measures' effectiveness as a conservation tool
and their potential for poverty reduction; since 1973.
- Marine environment protection under
regional conventions: limits to the contribution of procedural
David M. Dzidzornu.
Ocean development and international law, Vol. 33, No. 3-4,
Jul-Dec 2002. pp, 263-316.
Regional marine environment protection regimes prescribe
specific procedural norms according to which participants
are expected to implement the obligations the regimes impose.
These norms include the broad requirement of cooperation per
se to undergird the carrying out of all obligations. Cooperation
is thus the framework within which participants are required
to determine and observe the obligation to apply the best
available techniques and best environmental practices, and
to institute substantive monitoring and reporting practices.
The prescriptive content of these norms reflects social, economic,
and other interests at the base of participants' utilization
of the marine area and its resources. As such, their expected
observance of the requirements would hardly evidence unconditional
commitment to the ideal of marine environment protection.
Rather, it is an effort to balance that ideal against economic
and other interests, the pursuit of which constitutes the
raison d'Ítre of the normative obligations. The balancing
effort is aided by a regime's internal international institution,
where such an institution is sufficiently endowed legally
and materially to facilitate the process through supervising
the observance of the monitoring and reporting obligations.;
Reprinted by permission of Taylor & Francis Ltd.
- The outer limits of the continental
shelf: African States and the 1982 Law of the Sea Convention
Ocean development and international law, Vol. 35, No. 2,
Apr-Jun 2004. pp, 157-178.
African coastal states parties to the Law of the Sea Convention
1982 (LOSC) are faced with the challenge of complying with
their international obligation therein. This article is an
overview of African states' compliance with the LOSC as regards
the outer limits of the continental shelf. It also seeks to
pinpoint the shortcomings of these states in complying with
the LOSC provisions on the outer limits of the continental
shelf and the problems faced or likely to be faced by them
in this regard.; Reprinted by permission of Taylor & Francis
- Practising 'biodiversity' in Guinea:
nature, nation and an international convention
James Fairhead and Melissa Leach.
Oxford development studies, Vol. 31, No. 4, Dec 2003. pp,
Biodiversity has become a central organizing concept both
in international environmental debate and among government
departments, donors and non-governmental organizations in
the Republic of Guinea. This article explores how international
imperatives around biodiversity are articulating with existing
and historically-shaped practices of science and policy in
Guinea, and the extent to which villagers' perspectives gain
or fail to gain influence and authority. At least four sets
of science and policy practices currently characterize biodiversity
conservation practices, including: (1) the listing of plant
and animal species; (2) the exploration of ecosystem dynamics
through 'cutting edge' computer modelling techniques; (3)
the harnessing of traditional plant medicines, linked with
discussion of biopiracy; and (4) the promotion of 'semi-wild'
plants, such as oil palm. Each set of practices involves different
social relations and funding of science, different international
networks and different political discourses, while each also
carries wider importance in shaping national and local social
categories and identities. A common feature is that the framing
and institutional/funding imperatives linked to international
biodiversity debates have promoted practices that reproduce
western, colonial distinctions between nature and culture
in ways which compromise attempts at 'participatory' conservation.;
Reprinted by permission of Carfax Publishing, Taylor & Francis
- Multi-generation health risks of persistent
organic pollution in the far north: use of the precautionary
approach in the Stockholm Convention
A. Godduhn and L. K. Duffy.
Environ.Sci.& Policy, Vol. 6, No. 4, Aug 2003. pp, 341-353.
Precautionary regulation of persistent, toxic substances
is controversial because of continued and irresolvable uncertainties
in ecotoxicology. This is especially an issue for people who
eat wild food, still a common practice in the Arctic. Persistent
organic pollutants (POPs) have been shown to interfere with
hormone function and genetic regulation. In animal studies,
myriad dysfunctions can be induced (manifested later in life)
by low-dose POPs exposure during development. The ubiquity
of POPs in biological tissue makes all organisms subject to
developmental exposure. The Arctic, where subsistence living
is common, is a sink region for POPs. To curtail bioaccumulation
and biomagnification, the United Nations has created the Stockholm
Convention in May 2001, which targets 12 chemicals for virtual
elimination. Using the precautionary approach, the treaty
also enables the listing of new targets as threats are recognized.
The "dirty dozen" are well-documented developmental toxics
and other POPs are expected to exhibit similar patterns of
accumulation and harm. Arctic peoples insist that waiting
for irrefutable evidence is poor planning. Nevertheless, the
United States, a major signatory, has proved reluctant to
ratify the language that would enable this expedient listing
of new targets. Such reluctance allows health threats in the
Arctic and around the world to grow. This paper reviews the
theoretical background for and current evidence regarding
the global issues of endocrine disruption and POPs contamination,
especially as they relate to wildlife and people in the far
north. It is concluded that there is an urgent need for the
US to ratify the full text of the Stockholm Convention, including
the provision for the listing of new targets.
- Deep Seabed Mining under the Law of
the Sea Convention and the Implementation Agreement: Developing
Allan G. Kirton and Stephen C. Vasciannie.
Social and Economic Studies, Vol. 51, No. 2, June 2002 2002.
At the Third United Nations Conference on the Law of the
Sea, most of the particularly contentious negotiations on
the deep seabed turned on the different levels of development
among State participants. From an early stage in the deliberations,
developing countries advocated solutions in keeping with the
proposed New International Economic Order, while developed
countries preferred solutions that would broadly acknowledge
their financial and technological advantages. The resulting
Part XI of the Law of the Sea Convention, which sought to
reconcile these divergent State positions, was, however, to
prove unsatisfactory to most Western industrialized countries;
and, consequently, Part XI was amended by the 1994 Implementation
Agreement concerning Part XI of the Convention. Although aspects
of the regime for the deep seabed, as amended by the Implementation
Agreement, still incorporate certain developing country concerns,
the revised regime concedes substantial influence and authority
to developed countries.
- Canada ratifies the 1982 United Nations
Convention on the Law of the Sea: at last
Ted L. McDorman.
Ocean development and international law, Vol. 35, No. 2,
Apr-Jun 2004. pp, 103-114.
- The transboundary EIA convention in
the context of private sector operations co-financed by an international
financial institution: two case studies from Azerbaijan and
Mehrdad M. Nazari.
Environ.Impact Assess.Rev., Vol. 23, No. 4, Jul 2003. pp,
- International Environmental Treaty Engagement
in 19 Democracies
Steven P. Recchia.
The Policy Studies Journal, Vol. 30, No. 4, 2002. pp, 470-494.
This study examines the regular pattern of involvement of
19 democratic states in relation to 15 international environmental
treaties over the past 20 years. An attempt is made to understand
what accounts for the international environmental engagement
of democratic states through an empirical evaluation of four
theories, specifically structural conditions, political institutions,
idea-based, & international connectivity theory. Rather than
case study analysis or an evaluation of a single country or
theory, the value of the study is its comparative statistical
evaluation of multiple indicators of four rival theories across
19 countries. Empirical findings reveal that the strongest
causal forces underlying collaborative democratic state behavior
are the citizenry's postmaterial orientations & executive-centered
political institutions. International environmental commitments
among democracies are constructed by the cultural composition
of the polity & institutional rules that centralize ratification
procedures, rather than by structural conditions & international
forces. The study thus corroborates the idea-based theory's
emphasis on the underlying values of the citizenry & the institutional
theory's emphasis on domestic policy processes. 3 Tables,
2 Appendixes, 49 References. Adapted from the source document.
- Who ratifies environmental treaties
and why? institutionalism, structuralism and participation by
192 nations in 22 treaties
J. Timmons Roberts.
Analyzes theoretical explanations for states' decisions about
participation in international environmental policy; 1946-99.
- Ratifying Global Toxics Treaties: The
United States Must Provide Leadership
Kristin S. Schafer.
SAIS Review, Vol. 22, No. 1, winter-spring 2002. pp, 169-176.
Problems with current US policy toward the adoption of international
agreements that provide controls on the trade of highly toxic
chemicals are addressed. An overview of various agreements
that limit or eliminate the international trade of persistent
organic pollutants (ie, DDT & dieldrin) is presented. Although
the Bush administration has demonstrated strong support for
such agreements, several factors that may prevent the state
from ratifying these treaties are identified. Specifically,
it is argued that some US industries continue to use significant
amounts of certain toxic chemicals & that the US state opposes
the inclusion of "precautionary principles" into such agreements
that may preclude future scientific research. Measures that
must be undertaken in order to meet the Bush administration's
goal of implementing these agreements by late 2002 are discussed,
eg, the international community's creation of implementation
standards for each ratifying nation. J. W. Parker.
- Participation of developing countries
in a climate change convention protocol
Asia Pac.J.Environ.Law, Vol. 7, No. 1, 2002. pp, 39-74.
The United States' decision not to ratify the Kyoto Protocol
was largely based on the contention that it is not appropriate
for it to undertake quantified commitments in respect of greenhouse
gas emissions limitations while developing countries, despite
their growing greenhouse gas emissions, do not do so. This
paper examines the concept of developing country involvement
in greenhouse gas emissions limitation. Both ethical and practical
issues are reviewed, alternative approaches are considered,
and a possible refocussing of effort is suggested.; Reprinted
by permission of Kluwer Academic Publishers
- The uncertain fate of the Madrid Protocol
to the Antarctic treaty in the maritime area
Kevin R. Wood.
Ocean development and international law, Vol. 34, No. 2,
Apr-Jun 2003. pp, 139-159.
The objective of the Madrid Protocol on Environmental Protection
to the Antarctic Treaty is to provide a comprehensive regime
for the protection of the Antarctic environment and to preserve
its value as an area for scientific research. Some Treaty
nations have interpreted the reach of the Protocol to be limited
with respect to the marine environment. Important environmental
safeguards have not been enacted in this area, casting the
effectiveness of the Protocol into doubt. This paper examines
three artifacts of regime design leading to the Protocol's
uncertain fate in the Antarctic maritime area and makes several
recommendations for improved effectiveness.; Reprinted by
permission of Taylor & Francis Ltd.
- Liability and Compensation for Oil Pollution
Damage: Some Current Threats to the International Convention
Spill Sci.Technol.Bull., Vol. 7, No. 1-2, 2002. pp, 105-112.
The carriage of oil is indispensable to the industrialized
nations. In this respect, the carriage of oil is undertaken
as a service to society as a whole with its individual members
deriving benefits from its carriage to varying degrees. Consequently,
after examining the four Conventions in the international
system of compensation for oil pollution from ships, it is
argued that the general citizenship of those nations pay,
in exceptional cases, for a small share of the risk, which
is created in part by the citizens, as users of oil. The paper
proposes the creation of a fund of last resort that could
be conceived either at a regional level or a national level
and financed through (indirect) taxation on the population
as a whole. This type of fund could have a wider use in the
field of marine pollution and protection of marine resources.
- Lessons from Stockholm: evaluating the
global convention on persistent organic pollutants
Andrew J. Yoder.
In.J.Global Legal Stud., Vol. 10, No. 2, 2003. pp, 113-156.