International Environmental Law and Policy - Chapter Eight. Making International Environmental Law Work

Chapter Eight: Making International Environmental Law Work: Improving Compliance and Resolving Disputes

I. Introduction: Evaluating Effectiveness

A. Intellectual History

An Etiology of Theories of Political Realism - provided by New York University, a diagram displaying the relationship between different theories of political realism
The Politics of International Law - by Martti Koskenniemi, argues that the rule of law must rely on political principles to justify outcomes to international disputes

B. Compliance vs. Effectiveness

Intentional Oil Pollution at Sea: Environmental Policy and Treaty Compliance - by Ronald Mitchell, summarizes his book which provides a case study of how international environmental treaties can be made more effective by identifying policies that increase compliance

C. Effectiveness of Institutional Process

UC Irvine project on the Third Generation of International Environmental Law - a three-year project analyzing the effectiveness of international environmental law

II. Implementation and Compliance

A. Why Do States Comply With International Law?

The New Sovereignty - by Abram Chayes and Antonia Handler Chayes, provides a synopsis and purchasing information for their book which proposes a managerial model of treaty compliance

B. Sources of Non-Compliance

Improving Enforcement and Compliance with CITES - by the Yale Center for Environmental Law and Policy Student Clinic, examining options for improving compliance with CITES

C. Mechanisms for Improving Implementation and Compliance

Key Resources on the Internet for International Law Research - issued by the Canadian Council on International Law for the 1996 conference on Fostering Compliance in International Law

III. Responding to Non-Compliance

A. Managing Non-Compliance Through "Non-Compliance Procedures"

International Efforts to Protect the Global Atmosphere: A Case of Too Little, Too Late? - by Günther Handl, stating that the Montreal Protocol makes specific allowances for developing countries' compliance with the Protocol's restrictions

B. Enforcement and Sanctions Within the Treaty Regime

Enforcing International Law - an ASIL article by Frederic L. Kirgis, Jr., details international enforcement mechanisms such as the Security Council's authorization of trade and diplomatic sanctions, self-enforcing rules, self-help mechanisms, and application of international pressure

C. Liability for Environmental Damage

Enforcement and the Success of International Environmental Law - by Mary Ellen O'Connell, proposes that domestic courts should be used for international environmental law enforcement

IV. Dispute Avoidance and Dispute Resolution

A. Dispute Avoidance

Dispute Avoidance and Dispute Resolution in International Environmental Agreements and Multilateral Trade Agreements - full text of the introduction to a UNEP paper providing an overview of the existing dispute avoidance and dispute resolution mechanisms incorporated in certain environmental conventions and multilateral trade agreements

B. Dispute Resolution

The United Nations Dispute Settlement System and International Environmental Disputes - by David M. Konisky, argues that the United Nations is the international institution best-suited to resolve environmental conflicts that pose a threat to international security through its dispute settlement system