ppt课件-problemswithcompliancewiththebarcelonaconventionandit.pptVIP

Problems with Compliance with the Barcelona Convention and it Related Protocols NILUFER ORAL ISTANBUL BILGI UNIVERSITY LEGAL ASPECTS OF THE BARCELONA CONVENTION AND ITS RELATED PROTOCOLS ATHENS 26-27 OCTOBER 2006 THE CONCEPT OF COMPLIANCE UNDER INTERNATIONAL LAW What is compliance under international law? Vertical structure under domestic/national compliance structures versus horizontal structure of international law How to promote compliance? THE CONCEPT OF COMPLIANCE UNDER INTERNATIONAL LAW What should “compliance” mean for the Barcelona Convention and its related Protocols? Legal compliance? Quantitative/Technical compliance? Eg. 100% submission of reports Qualitative compliance? Mediterranean Sea is de-polluted? Halting of all loss of biodiversity? Zero emissions? Zero dumping of all hazardous substances? MAKING INTERNATIONAL ENVIRONMENTAL LAW WORK Implementation Compliance Enforcement IMPLEMENTATION 1. Negotiation of MEAs -pre-negotiation - during - post 2. Applying the MEA Mechanism for implementation include ad hoc conferences permanent institutional structures conference of the parties (CoPs) Permanent Secretariats and budget IMPLEMENTATION Implementation of international environmental agreements employ various techniques and methods to achieve the objective of the instrument. The agreement may provide for the overall framework leaving the details of implementation to Protocols and other agreements, or in some cases may actually provide for the technique or method to be used by the Parties. These include the adoption of regulatory mechanisms, EIAs, licensing and permits (eg. dumping, fishing), monitoring and surveillance, best environmental techniques or practices, standard setting (eg. emissions, pollution levels), restrictions and bans (eg. dumping), use regulations (eg. protected areas) and others. COMPLIANCE The goal of compliance is to promote the optimal implementation of the objectives of the MEA and the obligations underta