The Future of International Environmental Law

The future of international environmental law

The future of international environmental law Edited by David Leary and Balakrishna Pisupati

© United Nations University, 2010 The views expressed in this publication are those of the authors and do not necessarily reflect the views of the United Nations University.

United Nations University Press United Nations University, 53-70, Jingumae 5-chome, Shibuya-ku, Tokyo 150-8925, Japan Tel: +81-3-5467-1212 Fax: +81-3-3406-7345 E-mail: sales@unu.edu general enquiries: press@unu.edu http://www.unu.edu United Nations University Office at the United Nations, New York 2 United Nations Plaza, Room DC2-2062, New York, NY 10017, USA Tel: +1-212-963-6387 Fax: +1-212-371-9454 E-mail: unuony@unu.edu United Nations University Press is the publishing division of the United Nations University.

Cover design by Mea Rhee Printed in Hong Kong ISBN 978-92-808-1192-6 Library of Congress Cataloging-in-Publication Data The future of international environmental law / edited by David Leary and Balakrishna Pisupati. p. cm.

Includes bibliographical references and index.

ISBN 978-9280811926 (pbk.)

1. Environmental law, International. I. Leary, David Kenneth. II. Pisupati, Balakrishna.

K3585.F88 2010 344.04'6—dc22 2010025234

Contents

Contributors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

vii

Preface. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

x

1 Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

David Leary and Balakrishna Pisupati

1

Part I: The experience to date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

2 Climate change and pollution: Addressing intersecting threats to oceans, coasts and small island developing states. . . . . . . . . . . . .

Ann Powers

19

3 Biodiversity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Susan Shearing

42

4 Implementation of environmental legal regimes at regional level: The case of the Mediterranean Sea. . . . . . . . . . . . . . . . . . .

Tullio Scovazzi

78

5 Non-lawyers and legal regimes: Public participation for ecologically sustainable development . . . . . . . . . . . . . . . . . . . . . .

Donna Craig and Michael Jeffery

103

vi CONTENTS

6 Human rights and the environment. . . . . . . . . . . . . . . . . . . . . . . .

Gudmundur Alfredsson

127

Part II: International legal regimes in transition. . . . . . . . . . . . . . . .

147

7 Development and the future of climate change law . . . . . . . . . .

Michael B. Gerrard and Dionysia-Theodora Avgerinopoulou

149

8 A new ocean to govern: Drawing on lessons from marine management to govern the emerging Arctic Ocean . . . . . . . . . .

Timo Koivurova and Sébastien Duyck 9 Moving beyond the tragedy of the global commons: The Grotian legacy and the future of sustainable management of the biodiversity of the high seas. . . . . . . . . . . . . . . . . . . . . . . . .

Rosemary Rayfuse

179

201

Part III: New emerging issues for international environmental law.

225

10 Emerging technologies: Nanotechnology. . . . . . . . . . . . . . . . . . . .

David Leary and Balakrishna Pisupati

227

11 Legal frameworks for emerging technologies: Bioenergy. . . . . .

Richard L. Ottinger and Victor M. Tafur

247

12 Synthetic biology and synthetic genomics. . . . . . . . . . . . . . . . . . .

Michele S. Garfinkel and Robert M. Friedman

269

13 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

David Leary and Balakrishna Pisupati

292

Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

296

Contributors

Gudmundur Alfredsson is Professor in the Polar Law Master’s Programs of the University of Akureyri, Iceland, and Invited Professor at the Law Faculty of the University of Strasbourg, France. He was Professor at Lund University, Sweden (1995–2008), and staff member with the United Nations Secretariat in New York and Geneva (1983–1995).

Donna Craig is a Professor of Law at the University of Western Sydney.

She has over 30 years’ experience in environmental law. Her research and publications emphasize social and human rights issues. She served as Regional Vice-Chair for the IUCN Commission on Environmental Law and is currently a Regional Governor of the International Council on Environmental Law.

Dionysia-Theodora Avgerinopoulou is a Member of the Hellenic Parliament and a State Deputy. She is in charge of designing the environmental programme of her political party, New Democracy, in Greece. She is also the director of the European Institute of Law, Science and Technology (EILST) in Brussels, Belgium, and a specialist attorney in international law, environmental law and European Community law.

Sébastien Duyck is a researcher at the Northern Institute for Environmental and Minority Law, University of Lapland, and has specialized in international environmental law, human rights law and the law of the sea. He holds a master’s degree in Public International Law from the University of Helsinki and is currently writing a doctoral dissertation on public participation at the United Nations Framework Convention on Climate Change. vii

viii Contributors Robert M. Friedman is the Director for California at the J. Craig Venter Institute. Previously he was Vice President for Research at The Heinz Center. Earlier, he was a Senior Associate at the Office of Technology Assessment of the US Congress. He received his PhD from the University of Wisconsin, Madison, in Ecological Systems Analysis. He is a Fellow of the American Association for the Advancement of Science.

Michele S. Garfinkel is a policy analyst at the J. Craig Venter Institute. She held positions earlier at Columbia University’s Center for Science, Policy and Outcomes, and at the American Association for the Advancement of Science. She holds an AB in Genetics from the University of California, Berkeley, and a PhD in Microbiology from the University of Washington.

served as Director of Macquarie University’s Centre for Environmental Law, Deputy Chair of the IUCN’s Commission on Environmental Law and Chair of the Environmental Assessment Board of the Province of Ontario (Canada).

Timo Koivurova is a Research Professor at the Northern Institute for Minority and Environmental Law, University of Lapland, and has specialized in various aspects of international law applicable in the polar regions. His current research focuses on the legal status of indigenous peoples, the law of the sea in Arctic waters, the role of law in mitigating/adapting to climate change, and the function and role of the Arctic Council.

Michael B. Gerrard is Andrew Sabin Professor of Professional Practice at Columbia Law School, where he teaches courses on environmental and energy law and directs the Center for Climate Change Law. He was previously managing partner of the New York office of the law firm Arnold & Porter LLP, and he chaired the American Bar Association’s section of environment, energy and resources.

David Leary is a Senior Research Fellow and environmental lawyer in the Faculty of Law at the University of New South Wales, Sydney, Australia. He is also a Visiting Research Fellow at the United Nations University Institute of Advanced Studies, Japan, and a member of the International Scientific Advisory Board of the Arctic Centre, University of Lapland, Finland. His research interests include, inter alia, international environmental law and the law of the sea.

Michael Jeffery, QC, holds a Chair in Law at the University of Western Sydney (UWS), Australia. He currently serves as Head of the UWS Social and Environmental Research Group and Deputy Chair of the NSW Environmental Defenders Office Board of Management. He has previously

Richard L. Ottinger is Dean Emeritus and Professor of Law, Pace Law School; Chair, IUCN Commission on Environmental Law’s Climate and Energy Working Group; former Member, US Congress, chairing the House Subcommittee on Energy, Conservation and Power; a founding staff member, US Peace Corps;

Contributors ix graduate, Harvard Law School and Cornell University.

Balakrishna Pisupati currently coordinates activities on biodiversity-related multilateral environmental agreements in UNEP’s Division for Environmental Law and Conventions (DELC). He holds a PhD in Genetics. He has worked extensively on science and policy linkages for the past 20 years in various capacities including as the Head of IUCN Regional Biodiversity Programme Asia, and Coordinator of the United Nations University Institute of Advanced Studies’ Biodiplomacy Programme. His interests include conservation and development policy, sustainable development and environmental governance.

Ann Powers is Associate Professor of Law at Pace Law School’s Center for Environmental Legal Studies, where she teaches a range of environmental courses focusing on the law of oceans and coasts, international environmental law, United Nations diplomacy and water quality. Her scholarship includes emerging ocean issues and water pollution trading programmes, among other subjects. Professor Powers’ recent work has focused particularly on ocean and international issues, and she has worked with United Nations Environment Programme projects, and the World Conservation Union’s (IUCN) Commission on Environmental Law and its Law Academy.

Rosemary Rayfuse is a Professor of International Law at the Faculty of Law, University of New South Wales in Sydney, Australia. She specializes in the law of the sea and is known internationally for her work in international fisheries law and high seas governance, including polar oceans governance.

Tullio Scovazzi is Professor of International Law at the University of Milano–Bicocca, Milan, Italy. He occasionally participates, as legal advisor for Italy, in international negotiations and meetings relating to the law of the sea, cultural matters and human rights.

Susan Shearing teaches environmental law at the University of Sydney Law School. Her teaching and research interests include biodiversity law, heritage law and protected areas management, water law and sustainable business and environmental regulation. She is a member of the Australian Centre for Climate and Environmental Law and the IUCN’s World Commission for Protected Area.

Victor M. Tafur holds qualifications of J.D. from Pontificia Universidad Javeriana (Bogotá, Colombia) as well as an LL.M. and S.J.D. in Environmental Law from Pace University, New York, USA. He is an energy and environmental lawyer based in New York and a member of the Adjunct Faculty at Pace Law School as well as Visiting Professor of Environmental Law, Bard College, Center for Environmental Policy.

Preface

It has become increasingly obvious in our recent research, capacity-building and outreach activities that, while there is considerable information and understanding amongst states and other actors concerning the nature of their obligations under international environmental law, and key prin­ ciples of environmental management more generally and their nexus to development, there has been little debate on how international environmental law should respond to a range of new and emerging issues. Simply put, there has been little debate on the future of international environmental law, what emerging issues it may need to tackle, and the relationship of those issues to development, human rights and other areas of international law.

Assessing the implementation experiences, utilitarian value and effec­ tiveness of existing regimes developed to date offers us some valuable lessons on what we need to do to improve the effectiveness of international law into the future. This will be important for assessing what needs to be done in terms of improving the effectiveness of existing law, but also, importantly, how international environmental law should respond to new, emerging challenges. In order to contribute in a small way to moving forward in the development of the “third generation” of international environmental law, this publication aims to focus on international envir­ onmental law and the future challenges it faces.

A number of people and organizations have made this publication possible. At United Nations University Press we would especially like to thank Robert Davis for his patience and support, from inception of our x

PREFACE xi

idea for this book right through until its publication. Thanks also to ­Naomi Cowan for her help with the final steps in bringing the book to publication. Likewise we are grateful for the comments on our original manuscript provided by the three anonymous peer reviewers. Thanks also to Professor A.H. Zakri, Professor Govindan Parayil and Dr Jose ­Antonio Puppim de Oliveira at the United Nations University Institute of Advanced Studies for their support of this publication.

We are grateful to several colleagues at UNEP Division of Environmental Law and Conventions who participated in useful discussions with us during the editing process, and to Mr Bakary Kante for his support of this publication.

We are also grateful for the support provided by our research assistants, Nishad Kulkarni and Qi Jiang, who provided great support in proofing and formatting the manuscript for publication.

We would also like to thank all the authors for their contributions to this book and their timely cooperation in meeting editorial deadlines.

Finally, we are especially grateful for the financial support for this publication provided by Dr Kin-chung Lam and his company, eBizAnywhere Technologies Ltd. This support has been invaluable in ensuring that the book can be widely distributed to scholars and policymakers in developing countries and around the world.

David Leary, Sydney, Australia Balakrishna Pisupati, Nairobi, Kenya February 2010

  1

1 Introduction David Leary and Balakrishna Pisupati

International environmental law: Responding to a world of problems In its Global Environment Outlook (GEO 4) published in 2007 the United Nations Environment Programme (UNEP) paints a bleak picture of the state of the global environment and the connection of environmental degradation with development and human well-being. In the introductory words to this report, UNEP observes: Imagine a world in which environmental change threatens people’s health, physical security, material needs and social cohesion. This is a world beset by increasingly intense and frequent storms, and by rising sea levels. Some people experience extensive flooding, while others endure intense droughts. Species extinction occurs at rates never before witnessed. Safe water is increasingly limited, hindering economic activity. Land degradation endangers the lives of millions of people. This is the world today.1

Climate change is one of the most significant of the many global environmental challenges. While our understanding of the causes and impacts of climate change were slow to emerge, it is no understatement to say that climate change is the greatest threat facing humanity and all life on Earth today. While all regions of the world will be impacted by climate change, it is the poor and especially the developing countries that are the most vulnerable. A detailed examination of the projected impacts of climate change are beyond the scope of this chapter, but a few examples

The future of international environmental law, Leary and Pisupati (eds), United Nations University Press, 2010, ISBN 978-92-808-1192-6

2 Leary and Pisupati

drawn from the Fourth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC) are worth noting to highlight the nature and scale of the challenges posed by climate change. For example, the IPCC has noted that by 2020, in some parts of Africa, “yields from rain-fed agriculture could be reduced by up to 50%”.2 This in turn is projected to compromise agricultural production and further adversely affect food security and exacerbate malnutrition in Africa.3 In Asia, coastal ­areas, especially the heavily populated megadelta regions in South, East and Southeast Asia, are projected to be at increased risk of flooding.4 For small island communities, sea level rise is expected to exacerbate inundation, storm surge, erosion and other coastal hazards and threaten vital infrastructure, settlements and facilities upon which island communities rely.5 Climate change will not only affect humans and human communities.

By 2020, significant loss of biodiversity is projected to occur in many of the world’s ecologically rich sites such as the Great Barrier Reef in Australia.6 There is also “a risk of significant biodiversity loss through species extinction in many areas of tropical Latin America”.7 While the loss of biodiversity is already occurring, and in part is caused by climate change, it is also the result of many other human impacts. Threats to biodiversity come from varied sources including habitat destruction such as deforestation and modification and destruction of ecosystems for industrial, agricultural and other activities, overexploitation of resources (through activities such as overfishing and hunting), pollution, introduced species, to mention but a few.

The loss of biodiversity is occurring at an alarming rate. An update of the IUCN Red List published in 2008, the world’s leading source of information on the status of biodiversity, makes for sober reading. This update presented an assessment of only 44 838 of the several millions of species thought to exist on Earth. Key figures from this assessment worth highlighting include: • There were 869 recorded extinctions, with 804 species listed as extinct and 65 listed as extinct in the wild; • The number of extinctions increases to 1159 if the 290 critically endangered species tagged as “possibly extinct” are included; • 16 928 species are threatened with extinction (3246 are critically endangered, 4770 are endangered and 8912 are vulnerable); • 3796 species are listed as near threatened; and • 5570 species have insufficient information to determine their threat status and are listed as data deficient.8 Climate change and the alarming rates of biodiversity loss are but two examples of the many environmental problems humanity has faced over the past few decades. These challenges are in turn closely linked to devel-

Introduction 3

opment and human well-being. The global community has taken steps to seek to tackle many of these environmental challenges. These attempts have seen a veritable bloom in the development of international environmental law. There are now more than 900 multilateral and over 1500 ­bilateral treaties and other international agreements dealing with environmental issues.9 These are in addition to the thousands of “soft law” instruments such as declarations and plans of action which have been the product of environmental diplomacy in recent decades. But despite the proliferation of international environmental agreements, environmental degradation has proceeded and new environmental challenges have continued to emerge.

But given the experience, some might say the failure, of international environmental law to deal with existing environmental challenges before turning to consider new and emerging challenges (the subject matter of much of this book), it is useful to consider the history of international environmental law and what lessons we may learn from that history. With that in mind this chapter seeks to set the scene for subsequent chapters by briefly sketching the history of international environmental law and to suggest some lessons that might help shape approaches to new and emerging issues in international environmental law, such as those discussed in this book. The chapter will then conclude with an outline of the structure and content of the rest of this book.

The development of international environmental law: The convergence of environment and development International environmental law has arguably now gone through four key phases in its development. While treaties dealing with access to fishery resources, for example, can be identified at least as far back as 1351 with the conclusion of a fishery treaty between England and Castile, it was not until the mid-nineteenth century that the first series of treaties dealing with what we would regard today as environmental issues began to emerge. These included a range of fishery treaties that sought to guard against overexploitation of certain fish stocks; the first treaty dealing ­specifically with the protection of migratory birds, the first regional ­wildlife protection convention and conventions dealing with polluted ­waterways.10 But the most significant development of this first phase of international environmental law was the emergence of key principles from two international arbitrations, both involving the United States. The first of these was the 1893 Pacific Fur Seal Arbitration11 which involved a dispute ­between the United States and the United Kingdom in relation to the

4 Leary and Pisupati

protection of fur seals in the Bering Sea from overexploitation. This case rejected any suggestion that states had the right to assert jurisdiction by enacting measures relating to the conservation of living resources outside their jurisdiction, even if that meant the extinction of the species.12 Any such measure requires the consent of all states concerned.13 The other major development during this first phase of the development of international environmental law was the emergence in the Trail Smelter Arbitration of the principle that “no state has the right to use or permit the use of its territory in such a manner as to cause injury by fumes in or to the territory of another or the properties or persons therein”.14 The Trail Smelter Arbitration is considered the pivotal case in the emergence of the duty to prevent transboundary environmental harm, which is now largely accepted as a principle of customary international law.

However, the emergence of international environmental law through decisions of arbitral tribunals and other international judicial bodies has been the exception rather than the rule. For the large part, international environmental law has emerged through bilateral and multilateral negotiation of treaties and “soft law” instruments such as declarations and plans of action.

During the first phase of the development of international environmental law most of the treaties that were developed were purely utilitarian in character; efforts at protecting or conserving specific species were motivated largely by their usefulness rather than environmental pro­ tection per se.15 But by the late 1960s, a period that arguably represents the emergence of a second phase of the development of international environmental law, serious concerns were being expressed about growing evidence of environmental degradation and it was realized that this degradation was closely linked to unsustainable levels of economic development and population growth. A number of studies during this period predicted a very bleak future for humanity if these trends continued un­ abated. For example, the Club of Rome in its seminal study The Limits to Growth, concluded: If the present growth trends in world population, industrialization, pollution, food production, and resource depletion continue unchanged, the limits to growth on this planet will be reached sometime within the next one hundred years. The most probable result will be a rather sudden and uncontrollable decline in both population and industrial capacity.16

By the time of the lead-up to the United Nations Conference on the Human Environment (UNCHE) in Stockholm in 1972, an understanding was emerging that development and environmental issues were clearly interdependent. As early as 1962 the United Nations General Assembly,

Introduction 5

in Resolution 1831 (XVII), noted that “to be effective measures to preserve natural resources, flora and fauna should be taken at the earliest possible moment simultaneously with economic development, including industrialization, and urbanization”.17 Likewise in the run-up to the Stockholm conference the Founex Report commented: . . . concern for environment must not and need not detract from the com­ mitment of the world community – developing and more industrialised alike – to the overriding task of development of the developing regions of the world . . . the environment problem has to be placed in its proper perspective both in the developed and the developing countries. It should be treated as a problem of the most efficient synthesis of developmental and environmental concerns at different stages of social transitions . . . it must be emphasized in all inter­ national forums, including the Stockholm Conference, that it is for the developed countries to reassure the developing world that their growing environmental concern will not hurt the continued development of the developing world.18

How to bring about the “efficient synthesis” of developmental and environmental concerns, as suggested by the Founex Report, has been a key theme in debate on global environmental issues in the subsequent forty years, especially at pivotal diplomatic conferences such as the 1972 UNCHE in Stockholm, the 1992 United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro and the World Summit on Sustainable Development (WSSD) in Johannesburg in 2002.

Woven through key documents emerging from these meetings, including such “soft law” declarations as the Stockholm Declaration,19 Agenda 21,20 the Rio Declaration21 and the Johannesburg Declaration,22 and numerous treaties negotiated since Stockholm, the right to development and protection of the environment were increasingly linked.

The Stockholm Conference marked the beginning of the third and modern era of international environmental law. The Stockholm meeting produced a number of significant outcomes including the establishment of UNEP and the adoption of the Stockholm Declaration23 setting out twenty-six Principles and an Action Plan containing 109 recommendations.24 As Philippe Sands has observed: The Stockholm Conference set the scene for international activities at the regional and global level, and influenced legal and institutional developments up to and beyond UNCED. Developments in this period are of two types: those directly related to Stockholm and follow-up actions; and those indirectly related thereto. The period was marked by: a proliferation of international envir­ onmental organisations (including those established by treaty) and greater

6 Leary and Pisupati

efforts by existing institutions to address environmental issues; the development of new sources of international environmental obligations from acts of such organisations; new environmental norms established by treaty; the development of new techniques for implementing environmental standards; including environmental impact assessment and access to information; and the formal integration of environment and development, particularly in relation to international trade and development assistance.25

By the 1980s it was firmly recognized that measures aimed at environmental protection had to also take account of the need for development.

In particular the “efficient synthesis” of developmental and environmental concerns was given major impetus by the 1987 report of the World Commission on Environment and Development, chaired by Norwegian Prime Minister Gro Harlem Brundtland (the so-called Brundtland Report).26 The Bruntland Report characterized this as the need to ensure “sustainable development”, that is, “development that meets the needs of the present without compromising the ability of future generations to meet their own needs”.27 The Brundtland Report led in turn to the convening of the UNCED (the Earth Summit) in Rio de Janeiro in Brazil in 1992. The Earth Summit adopted three non-binding instruments: the Rio Declaration,28 the UNCED Forest Principles29 and Agenda 21. In addition the Convention on Biological Diversity30 and the UN Framework Convention on Climate Change31 were opened for signature at the Earth Summit.

Following the Earth Summit it was clear that international environmental law had come of age. Today it is possible to discern the existence of several key principles of international environmental law including significant new principles such as the precautionary principle, the “polluter pays” principle and the principle of common but differentiated responsibility.32 A number of these principles, such as the principle of common but differentiated responsibility, as well as the idea of sustainable development reflected the synthesis of environmental and development concerns.

Has international environmental law failed?

Despite the proliferation of international environmental agreements, ­environmental degradation has continued and new environmental challenges have continued to emerge. Why is it that, despite the huge volume of international environmental law, the state of the global environment has continued to worsen? There are many complex reasons for this and it is possible to identify a number of key points that have been put forward.

Introduction 7

Some argue that it is the sheer volume of international legal instruments or treaty congestion that is partly to blame. As Edith Brown Weiss has observed: The number and variety of environmental agreements has reached the point that some critics ask whether they may not severely strain the physical and organizational capacity of countries to handle them. There are signs of treaty congestion, in the form of separate negotiating fora, separate secretariats and funding mechanisms, overlapping provisions and inconsistencies between agreements, and severe demands on local capacity to participate in negotiations, meetings of parties, and associated activities. This affects the international community as a whole, since there will always be limited resources to address difficult issues and some countries may suffer particular inequities in their ability to participate effectively in new regimes . . . [w]ith such a large number of international agreements, there is great potential for overlapping provisions in agreements, inconsistencies in obligations, significant gaps in coverage, and ­duplication of goals and responsibilities . . . [I]nternational environmental law has developed in a piecemeal, almost random, manner . . . [T]reaty congestion also contributes to significant inefficiencies in implementing international agreements. There are usually separate secretariats, monitoring processes, scientific councils, financing mechanisms, technical assistance programs and dispute resolution procedures . . . [F]inally, treaty congestion leads to overload at the national level in negotiating and implementing the agreements . . . Even industrialised states with well-developed regulatory mechanisms and bureaucracies show signs of being overwhelmed. As attention shifts to the need to comply with existing agreements, the burden on the administrative capacity of states will become more acute.33

Clearly therefore, as new environmental challenges arise, careful thought needs to be given as to whether new law or institutions are needed, or whether it might be more appropriate for existing laws, mechanisms and institutions to be utilized or adapted to meet new environmental challenges.

Part of the explanation for failure of international environmental law to address global environmental challenges also lies in the fact that, throughout the development of international environmental law, little ­attention was paid to the “effectiveness” of this new body of law. The ­debate on the effectiveness of international environmental law more broadly, or regimes for specific issues, has received considerable attention in both the academic and policy literature in recent years. By far the most comprehensive and detailed examination of this concept so far is that provided by Chambers.34 After reviewing numerous studies by legal scholars and social scientists (and international relations literature in particular) he characterizes effectiveness of international environmental law in the following terms:

8 Leary and Pisupati

. . . there are three critical elements to the measurement of effectiveness that we can be certain of establishing with the knowledge that we have now. The first is a measurement of a treaty’s effectiveness based on its performance data and compared with its objectives. A second determinant of effectiveness, which has not been widely argued in the literature thus far and reflects a great deal of the legal analysis of why states comply with international rules without the enforceability of strong sanctions, is the robustness of the treaty itself. Modern treaties have various built-in systems that allow their parties to review a ­treaty’s status through scientific mechanisms or effectiveness review systems, or that enable parties to learn and become familiarized with the problem the treaty is addressing. Combined with these review and learning mechanisms are additional built-in systems that allow treaty renegotiation and take on deeper commitments to tackling the problems they have been created to ­address.

A theory of effectiveness must also pay attention to the supporting components of the treaty which may not be binding on the parties directly but implementing these provisions enhances and enables parties to achieve the goals of the treaty. These include financing, national programmes, technology transfer, capacity-building, and even institutional parts of the treaty such as the treaty secretariat. Though measuring the implementation of these supporting components of the treaty from the viewpoint of behavioural change is again methodologically difficult, it is logical that these provisions do have an impact, and measuring the degree of implementation in terms of the number of programmes or the level of financing is also an important component of determining the effectiveness of a treaty. Though not a key legal requirement of treaty effectiveness, financing is nevertheless a crucial lesson that has been learned from treaty-making in the past.35

International responses to new and emerging environmental challenges should therefore be crafted with an eye to their “effectiveness”. As suggested by Chambers, a wider, rather than narrow, conception of effectiveness appears appropriate.

Similarly, while the first generation of international environmental law paid lip service to the clear link between human well-being and the environment (most notably in the repeated articulation of concepts such as the right to development and, more recently, sustainable development), increasingly international environmental law has become fragmented and disconnected, especially from other areas of international law. International environmental law is increasingly viewed as something separate from human rights law and international trade law, for example. But the reality is that the issues touched upon by all these bodies of law are very much interlinked. Failure to see these linkages has also undermined the effectiveness of international environmental law. As one scholar has noted:

Introduction 9 Traditionally, international environmental protection and international economic law have been treated separately. The focus has been on controlling specific pollutants or conserving particular species as ends in themselves. In the new model, the focus is on ecosystems conservation, pollution prevention, and a precautionary approach, not only as environmental goods but as integral to sustainable development.

In the quest for environmentally sustainable development, the focus will likely be on considering environmental concerns at the front end of the industrializing process, so as to prevent pollution, minimize environmental degradation, and use resources more efficiently. This should mean increasing concern with making the entire production system environmentally sound. Interna­tional environmental law will need to reflect this emphasis by focussing on per­ formance standards to prevent pollution and minimize degradation, rather than on liability for damage, and on providing incentives to companies to use envir­ onmentally sound processes. Environment and trade issues will be increasingly joined.36

The development of international law in the future will need to be developed mindful of these obvious but often forgotten interlinkages.

On a somewhat related note, the effectiveness of international environmental law in responding to new and emerging environmental challenges will also be partly dependent on us breaking out of the pernicious influence of the pervasive concept of state sovereignty in international law.

Clearly to view international relations, international policy and international law as only shaped by the nation state is to deny the reality that a range of non-state actors now shape world affairs and responses to the major global environmental challenges of our times. There is some truth to the observation that we are witnessing the emergence of a “kaleidoscopic” international legal and political system.37 That is to say: At the same time as globalization and integration are increasing, there is increased fragmentation within States and pressures for decentralized decision making . . . While there is growing integration and fragmentation, the international system is also becoming kaleidoscopic. Shifting, ad hoc coalitions and associations, as well as individuals are becoming important actors . . . This stage in the evolution of the international system, with its emerging bottom-up em­ powerment, may be characterised as kaleidoscopic. It is informal, and the ­actors and coalitions constantly change.

These developments pose challenges for the international legal system and at the same time opportunities to strengthen and expand the foundations of international law. International law must operate in a new multi-layered system consisting of States, international institutions, private sector and nongovernmental organization networks, the wide range of formal transnational bodies, . . . and the new kaleidoscopic pattern of informal coalitions and individual ­initiatives.38

10 Leary and Pisupati

However, international law (or international lawyers?) have been slow to realize the implications of these changes. While a “kaleidoscopic” world may be emerging, international lawyers still see the world through myopic “rose-coloured glasses”, regarding only the nation-state as the ­legitimate bearer of rights and duties under international law. The effectiveness of international responses to new and emerging global environ­ mental challenges will thus also, in part, depend on how they are crafted to reflect this new “kaleidoscopic” world. Non-governmental organizations, transnational corporations and intergovernmental organizations must have a role to play in shaping and implementing responses to these issues. Likewise legal, regulatory and policy responses will need to take many forms beyond the usual command-and-control instruments typically recognized by nation-state-centric models, and incorporate the other institutions which comprise regulatory systems – regulated entities themselves, their industry associations, and third parties, both public interest institutions and commercial actors.39 In broad terms all of these issues are related to the wider issue of “in­ ternational environmental governance”. But what does the term “governance” mean in the context of existing and emerging environmental challenges, which for the most part are not confined to one location, one country or even one region of the word? To understand that, we need to understand what we mean by “international” or, perhaps more appropriately, “global governance”. As Rosenau has posited: Does it refer to a central authority that can exercise control over far-flung situations on a global scale? Or is it limited to the exercise of authority in particular situations, such as environmental threats . . . which may be global in scope and especially dire? Or does it connote the sum of all diverse efforts of communities at every level to move towards goals while preserving their coherence from one moment to the next?40

In the context of global environmental challenges the notion of a central authority has dominated much of the debate on global environmental gov­ ernance. Proposals have included an international environmental agency, an international environmental authority, a world environmental organ­ ization and an international environmental organization.41 While theoreti­ cally possible, a central authority with respect to global environmental issues looks unlikely to become reality.

Realistically governance, and in particular environmental governance, now and into the foreseeable future will be about the “diverse efforts of communities at every level”, as Rosenau has suggested. Thus, in considering the likely contours of the future of international law, we need to focus less on new laws or treaties, although these will still be significant, and

Introduction  11

more on governance. We need to take a much more holistic approach, looking beyond law as a solution to international environmental problems. Importantly our focus on environmental governance should emphasize achieving “good� environmental governance. By that term we mean governance that can produce measurable and verifiable improvements in the state of the global environment.

The structure of this book This book aims to explore some of these themes in more detail; to explore the future of international environmental law, not from the narrow perspective of what new treaties or new institutions may emerge, but from the broader perspective of international environmental law as but one part of the overall future of environmental governance. The book aims to contribute to debate on the future of international environmental law, the emerging issues it may need to tackle, and the relationship of those issues to development, human rights and other areas of international law.

The book is structured in three parts. Assessing the implementation experiences and the effectiveness of contemporary international environmental law offers us some valuable lessons on what we need to do to improve the effectiveness of international environmental law into the future. This will be important for assessing what needs to be done in terms of improving the effectiveness of existing law, and also the way in which international environmental law will be part of overall global environmental governance into the future.

Part I, the experience to date, continues with Chapter 2, in which Ann Powers highlights that,while climate change and pollution affect all states and peoples around the world, small island developing states are especially vulnerable. Developing countries, and small island developing states in particular, already face major challenges in dealing with pollution. But responses to existing environmental challenges such as pollution are complicated by the new and emerging challenges presented by climate change. No response to an environmental issue can be considered in isolation from other issues, and as this discussion highlights, the difficulties which small island developing states and other vulnerable coastal states face in managing and effectively implementing existing regional and global environmental agreements are only exacerbated by climate change concerns. Treaty congestion is clearly a real and pressing issue for such countries, even before one factors in the challenges now presented by climate change.

12 Leary and Pisupati

Moving beyond climate change, in Chapter 3, Susan Shearing examines the key challenges that affect the capacity of countries to develop and implement effective biodiversity conservation regimes. Her analysis of those challenges reveals the critical importance of addressing the key drivers for biodiversity loss through economic measures and institutional reform. There is a brief overview of the international legal framework for biodiversity conservation, focusing on the Convention for Biological ­Diversity (CBD) and associated policies and initiatives. The chapter goes on to argue that, notwithstanding the ongoing challenges for effective national implementation of the CBD obligations relating to conservation and sustainable use of biodiversity, a range of examples drawn from northern and southern nations illustrate the extent to which some key mechanisms identified in the CBD itself, including protected areas networks, economic tools and the sectoral mainstreaming of biodiversity ­issues, are playing an important role in facilitating national approaches to biodiversity conservation. The chapter thus illustrates that the effectiveness of the CBD goes beyond formal compliance with the letter of the convention; effectiveness depends very much on how those obligations are translated into concrete action on the ground.

Chapter 4 by Tullio Scovazzi paints a picture of one of the success ­stories in international environmental law – the legal instruments applying to the protection of the Mediterranean environment, the so-called Barcelona system of marine pollution treaties. The Barcelona system has acted as a model for the UNEP regional seas treaties and this chapter highlights why it is important for international legal regimes to be able to adapt over time as new challenges emerge.

This is followed by Chapter 5 where Donna Craig and Michael Jeffery explore the role of public participation and access to information in achieving sustainable development and good environmental governance.

They describe the close link between sustainable development and transparency and access to information in fostering good environmental outcomes. Clearly good environmental governance at the national and international level involves many actors and many stakeholders, and in this chapter the authors explore existing legal principles and “best practice” approaches to environmental governance highlighting public participation, and its relationship with the ever-evolving goals and complexities of ecologically sustainable development. In that regard they highlight the particularly significant model presented by the Aarhus Convention.

In the last chapter in Part I, Gudmundur Alfredsson, continuing some of the themes examined in Chapter 5, goes on to explore the connections between human rights law and the protection of the environment, with a particular focus on the rights of indigenous peoples. This chapter focuses in particular on the rights to land and resources of indigenous peoples

Introduction 13

and how these relate to environmental qualities; it covers the efforts at mainstreaming or incorporating human rights into other UN programme activities as well as human rights elements in international environmental instruments and how they are applied. A central question asked is whether environmental law can draw lessons from human rights law ­including, in particular, public access to and contributions to monitoring institutions. As this suggests, questions surrounding environmental governance are closely linked to developments in law and governance in other areas.

Part II of the book then goes on to explore the dynamics and challenges of a number of international legal regimes that are currently in transition. In Chapter 7, Michael Gerrard and Dionysia-Theodora Avgerinopoulou consider the challenges to environmental law posed by climate change, with a particular focus on the adaptation needs of both developed and developing countries. After considering the current status of international treaties relating to climate change, the chapter examines some of the key issues that need to be addressed beyond 2012. It also explores the interaction between international human rights provisions and climate change law. The authors argue in particular that climate change is becoming the public face of unsustainable development, and contend that new legal instruments will be required, but beyond that, developments in policy will also be important.

In Chapter 8, Timo Koivurova and Sébastien Duyck examine some key principles that could be used to sustainably address challenges in governing the Arctic Ocean. Significantly, as the first part of this chapter highlights, the environmental governance regime for the Arctic already clearly recognizes the legitimate expectations of and a role in decision-making for non-state actors, and in particular the indigenous peoples of the Arctic. As the authors make clear, future discussions in relation to the Arctic will focus on governance rather than on new treaties.

In Chapter 9, Rosemary Rayfuse examines the relevance of the Grotian legacy of freedom of the high seas for the future of international environmental law relating to the marine environment. She argues that the history of the law of the sea has been one of oscillation between freedom and restriction. Today, she argues, freedom of the high seas is not unlimited and an ever-increasing range of restrictions on this freedom now ­exists. Rayfuse goes on to consider what might replace the Grotian legacy in the future.

Part III examines a number of new and emerging issues for international environmental law to address. In Chapter 10 the editors of this book, David Leary and Balakrishna Pisupati, consider the implications of the emergence of nanotechnology. This chapter focuses on the emerging global debate on the need for new regulation to address perceived

14 Leary and Pisupati

environmental and human health risks associated with nanotechnology.

This analysis highlights that the response of policymakers, regulators and the legal system is very much a work in process. The chapter argues that it appears increasingly obvious that international responses to nanotechnology relate not so much to law, per se, but perhaps falls under the broader idea of international governance for nanotechnology. The evolution of this governance, perhaps eventually leading to new laws and treaties, will need to be driven by increased scientific understanding and a precautionary and adaptive framework of risk management.

This is followed, in Chapter 11, by Richard Ottinger and Victor Tafur’s examination of the risks and opportunities posed by the emergence of biofuels as an alternative fuel source. The chapter focuses on emerging responses such as the development of appropriate standards to assure the sustainability of biofuel production, again highlighting the potential of governance mechanisms beyond new laws and treaties. New standards for sustainable biofuels appear initially to be most significant, pending development of any future treaty or other “hard law” responses.

In Chapter 12, Michele Garfinkel and Robert Friedman explore the emergence of yet another novel issue for international policymakers to consider, namely, synthetic biology. In this chapter the authors first ­describe the science and engineering of synthetic biology and synthetic genomics and then go on to discuss emerging societal concerns about the technologies. There has so far been little consideration of the implications of this issue for international environmental law, so this chapter will no doubt serve as the starting point for a debate on a new and as yet unconsidered challenge for international environmental law and policy. As the starting point for a new and significant debate, the chapter highlights that synthetic biology and synthetic genomics introduce novel problems for those concerned about the governance of biotechnologies generally.

Responding to those challenges is both a legal and a broader policy and governance challenge.

In the concluding chapter the editors draw together the main conclusions from all the contributions and consider their implications for the future of international environmental law.

Notes 1. United Nations Environment Programme, Global Environment Outlook (GEO-4): ­Environment for Development (2007), p. 6; available at <http://www.unep.org/geo/geo4/ report/GEO-4_Report_Full_en.pdf>.

2. Intergovernmental Panel on Climate Change, Climate Change 2007-Synthesis Report: Contribution of Working Groups I, II and III to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change, (Geneva, Switzerland: IPCC, 2007), p. 11.

Introduction 15

3. Ibid.

4. Ibid.

5. Ibid., p. 12.

6. Ibid., p. 11.

7. Ibid.

8. Jean-Christophe Vié, Craig Hilton-Taylor and Simon Stuart, Wildlife in a Changing World: An Analysis of the 2008 IUCN Red List of Endangered Species (Gland, Switzerland: IUCN, 2008), p. 16.

9. These figures are drawn from the University of Oregon’s International Environmental Agreements Database Project website as at 21 August 2009; available at <http://iea. ­uoregon.edu/>.

10. For an overview of all these treaties see Philippe Sands, Principles of International ­Environmental Law (Cambridge: Cambridge University Press, 2003), pp. 26–30.

11. Behring Sea Fur Seals Fisheries Arbitration (Great Britain v United States), Moore’s International Arbitrations (1893), p. 755.

12. Philippe Sands, “Unilateralism, Values and International Law”, European Journal of ­International Law, vol. 11, no. 2 (2000), pp. 291–302, p. 293.

13. Ibid.

14. Trail Smelter Arbitral Tribunal Decision 11 March 1941, American Journal of Inter­ national Law, vol. 35 (1941), pp. 684–736.

15. Bhrat H. Desahi, Institutionalizing International Environmental Law (New York: Trans­ national Publishers Inc., 2004), p. 71.

16. Donella H. Meadows, Dennis L. Meadows, Jørgen Randers and William W. Behrens III, The Limits to Growth: A Report for the Club of Rome’s Project on the Predicament of Mankind (London: Pan Books Ltd, 1972), p. 23.

17. Economic Development and the Conservation of Nature, G.A. Resolution 1831 (XVII), UN GAOR, 17th Session, Supp. no. 17, UN Doc. A/RES/1831 (XVII) (1962).

18. Fournex Report on Development and Environment, submitted by a Panel of Experts Convened by the Secretary-General of the United Nations Conference on the Human Environment, 4–12 June 1971, Founex, Switzerland. Quoted in Desahi, Institutionalizing International Environmental Law, pp. 75–76 (emphasis added).

19. Declaration of the UN Conference on the Human Environment, Stockholm, 5–16 June 1972, contained in Report of the UN Conference on the Human Environment, UN Doc. A/CONF.48/14.

20. Report of the UN Conference on Environment and Development, A/CONF.151/26/ev.1 (vol. I) (1993).

21. Rio Declaration on Environment and Development, 31 ILM 874 (1992).

22. Johannesburg Declaration on Sustainable Development, A/CONF.199/L.6/Rev.2 (2002).

23. Declaration of the UN Conference on the Human Environment, Stockholm, 5–16 June 1972, contained in Report of the UN Conference on the Human Environment, UN Doc. A/CONF.48/14.

24. Report of the UN Conference on the Human Environment, UN Doc. A/CONF.48/14 and Corr.1 (1972).

25. Sands, Principles of International Environmental Law, p. 40.

26. Report of the World Commission on Environment and Development: Our Common Future; available at <http://www.un-documents.net/wced-ocf.htm>.

27. Ibid.

28. Rio Declaration on Environment and Development.

29. Non-legally Binding Authoritative Statement of Principles for a Global Consenus on the Management, Conservation and Sustainable Development of All Types of Forests, A/CONF.151/6/Rev.1, 13 June 1992.

16 Leary and Pisupati

30. Convention on Biological Diversity, Rio de Janeiro, 5 June 1992, entered into force 29 December 1993, 1760 UNTS 79; 31 ILM 818 (1992).

31. United Nations Framework Convention on Climate Change, Rio de Janeiro, 9 May 1992, entered into force 21 March 1994, 31 ILM 849 (1992).

32. A detailed examination of these principles is beyond the scope of this chapter but the reader is refered to texts on international environmental law such as Sands, Principles of International Environmental Law; and Patricia Birnie and Alan Boyle, International Law and the Environment (Oxford: Oxford University Press, 2002) for detailed examination of these principles.

33. Edith Brown Weiss, “New Directions in International Environmental Law”, United Nations Congress on Public International Law, New York, 1995, reproduced in Donna Craig, Nicolas Robinson and Koh Kheng-Lian, Capacity Building for Environmental Law in the Asian and Pacific Region (Manila: Asian Development Bank, 2002), pp. 10– 11.

34. William Bradnee Chambers, Interlinkages and the Effectiveness of Multilateral Environmental Agreements (Tokyo: United Nations University Press, 2008).

35. Ibid., pp. 128–129.

36. Weiss, “New Directions in International Environmental Law”, p. 13.

37. Edith Brown Weiss, “International Law in a Kaleidoscopic World”, paper presented at the Second Biennial General Conference of the Asian Society of International Law, ­Tokyo, 1–2 August 2009.

38. Ibid.

39. This conception of regulatory regimes draws on Peter N. Grabosky, “Discussion Paper: Inside the Pyramid: Towards a Conceptual Framework for the Analysis of Regulatory Systems”, International Journal of the Sociology of Law, vol. 25, no. 3 (1997), pp. 195– 201; and Weiss, “New Directions in International Environmental Law”, p. 12.

40. James Rosenau, “Governance in a New Global Order”, in David Held and Anthony ­McGrew (eds), The Global Transformations Reader: An Introduction to the Globalization Debate (Cambridge: Cambridge Polity Press, 2003), pp. 223–235, p. 224.

41. For an overview of these proposals see, for example, Steve Charnovitz, “A World Environmental Organization”, Columbia Journal of Environmental Law, vol. 27, no. 2 (2002), pp. 323–362.

Index

“n” refers to notes.

Aarhus Convention about, 12, 139–41, 143, 143n1, 148n48 Compliance Committee, 141 human rights and the environment, 139–41, 143, 143n1, 146n48 non-lawyers and legal regimes, 105–8, 110, 115–16, 123 ACAP. See Arctic Council Action Plan to Eliminate Pollution in the Arctic (ACAP) ACIA. See Arctic Climate Impact Assessment (ACIA) acidification of the oceans, 21, 45, 163, 181, 204 Action Plan for Application of the Precautionary Approach, 193, 200n78 Action Plan for the Protection of the Marine Environment and the Sustainable Development of the Coastal Areas of the Mediterranean (MAP Phase II), 80, 82 Adaptation Fund under the Kyoto Protocol, 33 ADB. See Asian Development Bank (ADB) Additional Protocol to the American Convention on Human Rights in the

296

area of Economic, Social and Cultural Rights, 132 Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction, 205, 219n35, 205, 208, 211-212, 219 n37, 219n40, 220n50 Ad Hoc Working Group on Access and Benefit Sharing, 287, 291n48 AEPS. See Arctic Environmental Protection Strategy (AEPS) African Charter on Human and Peoples’ Rights, 131, 178n83 African Commission on Human and Peoples’ Rights, 131, 145n21 African nations and target global temperature increase, 156 AFTS. See American Tree Farm System® (AFTS) Agenda 21. See Programme of Action for Sustainable Development (Agenda 21) Agreement on Adoption of a Precautionary Approach, 193, 200n77 air impact of bioenergy, 249 Alliance of Small Island States (AOSIS)

about, 24, 37n37–40, 38n47, 168, 177n64 Declaration on Climate Change, 24, 37n40 Amazon biodiversity, 54, 72n85, 253, 263, 268n83 Amazon Fund, 263, 268n83 American Tree Farm System® (AFTS), 256–57, 266n45 AMSP. See Arctic Marine Strategic Plan (AMSP) Annan, Secretary-General Kofi, 125n23, 135, 141, 167 Antarctic Treaty System (ATS), 70n32, 187, 192, 194, 198n47, 199n65, 209, 220n57 anthropogenic changes to life on earth, 44 GHG emissions from deforestation and forest degradation, 161 interference with climate system, 151–52, 157 interference with environment, 153 pressure on the Mediterranean coastal zones, 91 sources of carbon dioxide, 21, 159 sources of climate change, 151–52 antibiotics, 274–75 antimalarial drug (artemisinin), 274–75, 281–82, 289n8, 290n23 AOSIS. See Alliance of Small Island States (AOSIS) Arctic coastal states’ self-proclaimed environmental stewardship over, 194 Arctic Climate Impact Assessment (ACIA), 182 Arctic Council. See also Arctic Ocean about, 170, 180–83, 185–90, 194 Action Plan to Eliminate Pollution in the Arctic (ACAP), 182 Ecosystem Approach (EA), 183 emergence of, 180–82 evaluation of, 183–84 marine work, 182–83 Oil & Gas Guidelines, 183 references about, 195n9–14, 196n15, 196n17–18, 196n23–25, 196n27, 197n36–38, 198n40–43, 199n53–58 Sustainable Development Working Group (SDWG), 182, 189, 196, 196n15 Sweden, 181, 185, 196n22, 198n42, 199n55, 200n82

INDEX 297 Arctic ecosystem biodiversity, 45 Arctic Environmental Protection Strategy (AEPS), 181–82, 195n9, 195n14 Arctic marine areas, 180, 183, 199n58 Arctic Marine Strategic Plan (AMSP), 183, 190, 196n26, 199n60 Arctic Monitoring and Assessment Programme (AMAP), 180–82, 195n7, 195n14 Arctic Ocean. See also Arctic Council about, 179–80 Action Plan for Application of the Precautionary Approach, 193, 200n78 Agreement on Adoption of a Precautionary Approach, 193, 200n77 Antarctic Treaty System (ATS), 70n32, 187, 192, 194, 198n47, 199n65, 209, 220n57 Arctic Climate Impact Assessment (ACIA), 182 Arctic Environmental Protection Strategy (AEPS), 181–82, 195n9, 195n14 arctic intergovernmental cooperation and marine work, 180–84 Arctic marine areas, 180, 183, 199n58 Arctic Marine Strategic Plan (AMSP), 183, 190, 196n26, 199n60 Arctic Monitoring and Assessment Programme (AMAP), 180–82, 195n7, 195n14 Best Practices in Ecosystems-based Oceans Management in the Arctic (BePOMAr), 180, 183, 189–91, 193–94, 195n6 Canada, 180–82, 197n35, 198n42, 198n44 China, 188 climate change, 183–84, 190–92, 194, 198n42 coastal states, 180 Commission on the Conservation of Antarctic Marine Living Resources (CCAMLR), 218n31 Commission on the Limits of Continental Shelf, 184 Conservation of Arctic Flora and Fauna (CAFF), 181–82, 196n14 Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention), 193, 200n79, 220n56

298 INDEX

Arctic Ocean (cont.)

Convention on the Conservation of Antarctic Marine Living Resources, 192 Convention on the Conservation of Antarctic Seals, 192, 199n66 Convention on the Regulation of Antarctic Mineral Resources Activities (CRAMRA), 192, 199n68 Declaration on the Establishment of the Arctic Council, 181, 195n10–14, 196n17 Denmark, 180, 182, 185, 196n22, 198n42 ecosystems-based approach to ocean management, 190–91, 193, 195n6, 199n59, 199n61, 199n64, 200n81 Emergency Prevention, Preparedness and Response (EPPR), 181, 196n14 EU Parliament, 187, 198n46, 198n48 European Commission, 187–88 evaluation, 188–89 Finland, 181–82, 185, 198n42, 200n81 fishing and commercial fleets, 195 fish stocks, migratory, transboundary and straddling, 194 Fourth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC), 2, 179 Fur Seal Convention, 196 Gorbachev, Soviet Secretary-General Michail, 180–81, 195n8 Greenland, 180–81, 184–85, 187 Iceland, 182, 185, 198n42–43 Ilulissat Declaration, 185, 188–89, 197n37–39, 198n43, 199n62–63 IMO’s Polar Code (Guidelines for Ships Operating in Ice-covered Waters), 183 indigenous peoples, 182, 186–87, 190, 192, 196n19–21 Inuit Circumpolar Council (ICC), 38n46, 171, 178n86, 185, 196n17 Inuit Leaders’ Summit on Arctic Sovereignty, 185–86, 198n44 Japan, 188, 200n75 law of the sea, 188–89, 197n31, 197n36, 198n48 Madrid Protocol, 187 marine environment, Arctic, 182–83, 185, 189, 191, 193, 197n33 marine management in the Arctic, experience in, 189–94

new economic activities in the Arctic region, 191 non-Arctic coastal states, 188 North Atlantic Salmon Conservation Organization (NASCO), 193, 200n77–78 Norway, 180–82, 193, 196n22, 197n35, 198n42 Polar Bear Agreement, 196 policy and law, current dynamics of, 184–89 precautionary approach, 193–94, 200n77 Protection of the Arctic Marine Environment (PAME), 181–83, 196n14, 196n26 Protection of the Arctic Marine Environment Working Group, 189, 196n14, 199n59 resource extraction, expansion of oil and gas, minerals and fisheries, 179 resources exploitation, hydrocarbon and mineral, 191 Rio Declaration, Principle 15 of the, 192, 199n73 Rovaniemi Declaration, 181 Russia, 180, 182, 184, 188, 196n17, 197n35, 198n42, 200n75 sea bed, Arctic Ocean coastal states competing for, 179 sea ice, summer, 179 senior Arctic officials (SAO), 181, 185, 189, 198n41–42, 199n54 shipping and tourism, expansion of, 179 sovereign rights and jurisdiction of its coastal states, 184 territory, countries claiming jurisdiction over, 170 UN Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea, 199n74 UN Convention on the Law of the Sea (UNCLOS), 179, 183–84, 189, 193, 197n31–32, 197n34, 199n74 UN Fish Stocks Agreement (FSA), 194, 197n31, 199n74 United States, 180, 182–84, 188, 194, 197n35, 200n75, 200n84 Areas Protocol. See Protocol Concerning Specially Protected Areas and

Biological Diversity in the Mediterranean (Areas Protocol) artemisinin (antimalarial drug), 274–75, 281–82, 289n8, 290n23 Asian Development Bank (ADB), 121 Asilomar Conference on Recombinant DNA, 277 ATS. See Antarctic Treaty System (ATS) AusAid (in Indonesia), 119 Australia banking, conservation or biodiversity, 60 biodiversity certification of areas, 64–65 biodiversity conservation, 62 eco-service payment schemes, 62 environmental law enforcement through national courts, 120–21 GHG emitter, major, 157 nanotechnology, 230, 233–34, 243n3–4, 243n9, 243n12–15, 243n21, 244n33, 245n39, 246n68 standing provisions to enforce compliance with many environmental laws, 118 Threatened Species Conservation Amendment (Biodiversity Banking) Act 2006, 61, 74n125, 76n144 threatened species legislation, 64 bacterial virus phiX174, 272, 278, 289n6 bacterium, 271–72, 285, 289n2 Bali Action Plan, 137, 154–55, 166, 174n20, 174n36, 262 Bali UN Climate Change Conference (2007), 154, 262, 267n81 Bangladesh, 20, 168, 255 banking, conservation or biodiversity, 60 Barbados Programme of Action for the Sustainable Development of Small Island Developing States (BPoA), 28, 30, 34, 39n80 Barcelona Convention and its Protocols, 83 Barcelona system of marine pollution treaties, 12, 79–81, 93, 96, 98n9–10, 98n13, 293 Basel Convention. See Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel Convention) Best Practices in Ecosystems-based Oceans Management in the Arctic

INDEX 299 (BePOMAr), 180, 183, 189–91, 193–94, 195n6 BioBricks™ non-profit organization, 280 biodiversity in Amazon, 54, 72n85, 253, 263, 268n83 anthropocentric climate change on, 44 in Arctic ecosystem, 45 banking, conservation or biodiversity, 60 banking/offsets schemes, 61 bioenergy impact and, 249 Brazilian Forest Code, 61–62 carbon, sequestration and storage of, 43 carbon and salinity credits, 60 carbon dioxide, 43–45, 153, 159, 161–65, 175n46, 204 carbon storage and, 59 CBD, national implementation, 53–67 CBD objectives, obstacles to implementation of, 48 CBD Secretariat, 53, 69n24, 69n26, 71n54, 72n71, 72n75–76, 72n79, 72n81–83, 72n93, 76n142, 76n146–48 challenge of, 43–44 conservation, wildlife management and, 57 conservation and sustainable management of high seas, 204–5, 208, 211–13 conservation/biodiversity banking/offset schemes, 60–61 conservation mechanisms, 54 conservation of, 42–44, 46–48, 50–52, 54–56, 58–67 Convention Concerning the Protection of the World Cultural and Natural Heritage (World Heritage Convention), 46 Convention on Biological Diversity (CBD), 42–44, 47–55, 58, 63, 67, 68n4–6, 68n9, 68n12, 68n18, 69n21, 69n24, 69n26, 70n36–45, 71n45–47, 71n50–52, 72n71, 72n73–77, 72n79–83, 79n54 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), 46, 68n4, 70n34, 259, 265n20, 267n62–63 Convention on Wetlands of International Importance Especially as Waterfowl Habitat (RAMSAR Convention), 46, 68n4, 70n35 corals/coral reefs, 45, 204, 211

300 INDEX

biodiversity (cont.) desertification, 128, 136 drought, 1, 22, 43, 45, 128, 136, 166–67, 171–72 eco-compensation mechanisms, 63 economic and cross-sectoral policies and strategies, 65–67 economic tools: valuing ecosystem services, 58–63 eco-service payment schemes, 62–63 ecosystems, shocks and disturbances to, 43 ecosystems conservation, 9 fiscal meaning of, 62–63 fish stocks and, 51, 194, 200n84, 204 flooding, 1–2, 45, 167–69 Fourth Assessment Report (2007), 2, 14n2, 41n113, 44, 69n22–23, 153, 173n14, 175n49, 176n53, 179 Fourth National Report to the Convention on Biological Diversity, 48, 53, 71n46, 76n149 G8 Environment Ministers, 52 genetic diversity, global decline in, 44 greenhouse gases (GHGs) emissions, 44–45, 54, 62, 75n130 green value added tax, 63 habitat destruction by deforestation and destruction of ecosystems, 2 habitat loss by land conversion, agricultural and forestry practices, 44 high seas marine, protection of, 206–13 human population, unsustainable rates of, 45 incentives, tax-based, 59–60 incentives for conservation and sustainable use of components of, 58 insects, 45 international initiatives, 46–53 International Year of Biodiversity, 42 Island Biodiversity Programme, 28, 36n4, 39n72, 39n79–80, 39n83 issues, sectoral mainstreaming of, 63–64 IUCN Red List of Threatened Species, 15n8, 67, 219n33 land use planning, 64–65 life on earth, anthropogenic changes to the, 44 loss, drivers of, 44–46 loss as occurring at an alarming rate, 2

loss by species extinction in tropical Latin America, 2 loss of, 43–48, 50–52, 54, 62–65, 67, 69n19, 71n61 loss on Great Barrier Reef in Australia, 2 Malmo Ministerial Declaration, 42 marine environments, 55, 205 MDG 7– Ensure Environmental Sustainability, 51 Millennium Development Goals (MDGs), 50–52, 71n55, 71n60, 71n63–67, 72n68–69, 76n153 national biodiversity strategies and action plans (NBSAPs), 48–49, 53, 65, 72n78 national/regional priorities affect political will, 56 natural resource, overexploitation of, 45–46 nitrous oxides, 45 ocean acidification, 21, 45, 163, 181, 204204 of ocean water column, 205 offset transactions, regulated biodiversity, 60 overexploitation of resources by overfishing and hunting, 2 Payments for Environmental Services programme, 62 poaching, 56, 58, 65 “polluter pays” principle, 60 poor as vulnerability to climate change on crops and livestock, 50 poor as vulnerable to dependence on forest and fisheries, 50 poor threatened by loss of, 50 post-2010 framework for, 52–53 poverty reduction and, 51 precautionary approach to, 213 on private property, conservation of, 58–59 protected areas of, 54–58 “provider–gets” principle, 60 sea level, global average rise in, 45 species extinction rate, 1–2, 44 temperature of surface of the Earth, average, 45 in terrestrial environments, 55 threats to marine environment, 204 tradable reserve rights, 61–62 2010 Biodiversity Target, 28, 48–49, 51–53, 55, 67, 71n47

2015 Biodiversity Target, 52–53 2020 Biodiversity Target, 52 2050 Biodiversity Target, 52 UN Food and Agriculture Organization (FAO), 50, 131, 145n20, 176n58, 199n74, 205, 211–12, 219n32, 221n64–66, 237, 245n51–52, 255, 262, 264n11, 266n39 UN Framework Convention on Climate Change, 52 United Nations Convention on the Law of the Sea (UNCLOS), 46, 70n35, 78 United Nations Development Programme (UNDP), 53, 71n56, 71n64, 72n82, 76n153 United Nations Millennium Declaration, 124n5 United Nations Millennium Ecosystem Assessment (MEA), 44 United Nations Millennium Summit, 50 value of, for humankind, 43 wetlands, loss of, 45–46, 56, 60, 69n19, 85, 92, 171 wildfire, 45, 167, 176n58 World Bank Poverty Reduction Strategy Papers, 53 Biodiversity Targets for 2010, 28, 48–49, 51–53, 55, 67, 71n47 for 2015, 52–53 for 2020, 52 for 2050, 52 bioenergy air pollution from burning feedstock residues, 249 Amazon Fund, 263, 268n83 American Tree Farm System® (AFTS), 256–57, 266n45 Bali Action Plan, 262 Bali Climate Conference (2007), 154, 262, 267n81 benefits of, potential, 247–48 biodiversity loss from indirect land use, 249 Biofuels Environmental Sustainability Scorecard, 255, 266n40 Brazil’s National Petroleum, Natural Gas and Biofuels Agency (ANP), 257, 266n57, 266n59 Brazil’s “Social Seal,” 253, 255, 257–59 Brazil’s Technical Assistance Plan, 257–58 case studies, 255–56 child labour, 249

INDEX 301 chlorofluorocarbon (CFC) emissions, 251, 260 Clean Development Mechanism (CDM), 254, 266n34–35 Convention on Biological Diversity (CBD), 263 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), 251, 253, 255, 259, 261, 265n20 conversion of valuable forests, peat bogs and agricultural lands remove important carbon sinks, 248 COP 15 Copenhagen climate conference, 156, 252 deforestation and forest degradation, reducing emissions by, 262–63 Emission Trading (ET), 254 Endangered Species Act, 259, 267n65 energy balance, 248, 264n6 Energy Star® labelling, 252, 256, 260–61, 265n23, 267n70 Environmental Due Diligence of Renewable Energy Projects Guidelines for Biomass Systems based on Energy Crops (UNEP SEFI), 255, 266n42 European Centre for Standardization (CEN), 255, 266n38 feedstocks displace food crops, 248 feedstocks have invasive characteristics crowding out other crops, 249 Food and Agricultural Organization (FAO), 255, 262, 264n11, 266n39 forest programmes, voluntary, 256–57 Forest Stewardship Council (FSC), 252, 256–57, 265n23, 266n45 Generalized System of Preferences (GSP), 253–54, 266n31–232 greenhouse gas (GHG) emission reduction technologies, 255, 266n34 greenhouse gas (GHG) emissions from bioenergy production, 248, 250–52, 255–56, 260–63, 266n34 hydrofluorocarbon (HFC) emissions, 251, 260 import standards and the WTO, 253–54 incentives and tax relief for, 253 Indonesian palm oil programme, 261–62 Inter-American Development Bank (IADB), 255, 266n40

302 INDEX

bioenergy (cont.)

Intergovernmental Panel on Climate Change (IPCC), 251 International Organization for Standardization (ISO), 255 International Union for the Conservation of Nature (IUCN), 255 Joint Implementation (JI) mechanisms [Kyoto Protocol], 254 labelling of bioenergy production, 252–53 labelling programmes, international, 260–61 Lacey Act, 259, 267n66 LEEDS® standards for energy efficiency in buildings, 253, 256, 260–61, 267n72 legal framework, 250 less developed countries and, 251, 254–55, 263 microfinancing of small-scale biofuel projects, 255 Montreal Protocol on Substances that Deplete the Ozone Layer, 251, 256, 259–60, 265n19 Norwegian Ministry of Foreign Affairs (MFA), 262–63 Palm Oil, Timber & Carbon Offsets (POTICO) programme, 262, 267n75 Petrobras, 257, 265n51 plantations, expropriated lands and local farmers, 249 pricing and sustainable biofuels, 252 production, sustainability of, 250 Programme for the Endorsement of Certification (PEFC), 256, 266n47 programmes, financing of, 254–55 project development, requirements for, 249–50 public involvement and transparency, 249–50 Rainforest Alliance Certification (RAC) seal, 253, 265n23 Reducing Emissions from Deforestation and Forest Degradation (REDD), 262–63, 267n77–78, 267n80–81 research and development (R&D), 249 risks, 248–50 Roundtable on Sustainable Biofuels (RSB), 250–51, 265n16 Social Seal in Brazil, 257–59 soil depletion by planting of monocultures, 248

standards, implementation of, 251–55 subsidies for production of biofuels, 252 sustainability certification of bioenergy products, 252 Sustainable Forestry Initiative (SFI), 256, 266n45–48 United Nations Environment Programme (UNEP), 255 United Nations Forestry Forum on REDD, 263, 268n85 Voluntary Carbon Standard (VCS) Program, 252, 265n22 water for irrigation of feedstocks, 248 WB/WWF Biofuels Environmental Scorecard, 255, 266n41 biofuels, 14, 165, 177n51, 252 Biofuels Environmental Sustainability Scorecard, 255, 266n40 Biological and Environmental Research Advisory Committee, 284, 291n34 biological diversity conservation, 86, 91 biological engineering, 269 Biological Research Council [United Kingdom], 286, 291n44 biological weapons of mass destruction (WMD), 287 bioprospecting for marine genetic resources, 204, 208 biosafety about, 273, 277, 279, 281, 283, 286, 288 biosecurity and, 270, 273, 277–79, 281, 283, 286, 288 Biotechnology Research in an Age of Bioterrorism, 283, 290n32 biotechnology to manufacture raw materials, 276 bioterrorism, 277, 283, 285–86, 290n31–32 BlackWatch from Craic Computing, 284, 291n37 BPoA. See Barbados Programme of Action for the Sustainable Development of Small Island Developing States (BPoA) Brazil about, 75n135, 75n137, 76n138 agrarian reform and rural resettlement, 65, 72n85 climate change law, 159–60 deforestation in Acre, reduction in, 65 GHG emissions, 156–57, 160 GHG emissions reductions, 156 green value added tax, 63 rapidly developing economy, 158

Brazilian Forest Code, 61–62 Brazil’s National Petroleum, Natural Gas and Biofuels Agency (ANP), 257, 266n57, 266n59 Brazil’s “Social Seal,” 253, 255, 257–59 Brazil’s Technical Assistance Plan, 257–58 Brundtland Commission, 69n31. See also World Commission on Environment and Development Brundtland Report, 6, 103, 124n1, 125n24.

See also Report of the World Commission on Environment and Development CAFF. See Conservation of Arctic Flora and Fauna (CAFF) Cambodia, 65, 76n149 Canada Arctic Council chair state, 182 Arctic Ocean, 180–82, 197n35, 198n42, 198n44 Arctic Ocean state, 180, 198n42 Arctic territory, claiming jurisdiction over, 170 biodiversity conservation, 62 eco-service payment schemes, 62 GHG emitter, major, 157 Intervenor Funding Project Act, 122 nanotechnology, 233, 237, 246n68 strategic impact assessment (SIA), 113 carbon credits, 151, 161, 174n30 cycle, global, 21 market, 151 neutral energy sources, 274 salinity credits and, 60 sequestration and storage, 43, 62–63, 68n13, 161, 166, 174n37, 208 storage and biodiversity, 59 trading, forest, 161, 173n13 carbon capture and storage (CCS), 151, 161–62, 172 carbon dioxide about, 44–45, 153, 159, 161–65, 175n46, 204 anthropogenic sources of, 159 emission levels, 153, 159–65, 175n46 emissions, 19, 21–22, 37–38n44 emissions from transportation, 165 global ecosystem uptake of, 43 sequestration, 208 Caribbean island states, 22, 40n91 Caribbean Protocol, 32

INDEX 303 CBD. See Convention on Biological Diversity (CBD) CBD COP. See Conference of the Parties to the Convention on Biological Diversity (CBD COP) CBFM. See community-based forest management system (CBFM) [Tanzania] CBP. See consolidated bioprocessing (CBP) of biomass CCAMLR. See Commission on the Conservation of Antarctic Marine Living Resources (CCAMLR) CCFG. See Conversion of Cropland to Forests and Grassland (CCFG) programme [China] CCS. See carbon capture and storage (CCS) CDM. See Clean Development Mechanism (CDM) CEDAW. See Committee on the Elimination of Discrimination against Women (CEDAW) CEN. See European Centre for Standardization (CEN) CERs. See emissions reduction units (CERs) certification of bioenergy products as sustainable, 252 CFC. See chlorofluorocarbon (CFC) emissions chemical pollution from factories, mining activities and toxic dumping, 22–23 child labour and bioenergy, 249 China Arctic Ocean, 188 carbon dioxide emissions, reduction of, 159 climate change law, 159–60 Conversion of Cropland to Forests and Grassland (CCFG) programme, 63 eco-compensation mechanisms, 63 GHG emissions, major emitter of, 154, 156–57, 159, 261 Grotian legacy and sustainable biodiversity, 206, 211, 222n79 marine genetic resources of the high seas, 206 nanotechnology, 230, 237, 246 non-Arctic coastal states, 188 rapidly developing economy, 158 chlorofluorocarbon (CFC) emissions, 251, 260

304 INDEX

CITES. See Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) citizen and environmental enforcement, 119–22 Clean Development Mechanism (CDM), 151, 156, 161–62, 254–55, 266n34–36 clean technology (cleantech), 151–52 climate change and pollution. See also climate change law 2010 Biodiversity Target, 28, 39n76 about, 19–20 adaptation, 32–34 Adaptations Fund under the Kyoto Protocol, 33 Agenda 21, 29–30, 39n90, 40n92, 69n31 Alliance of Small Island States (AOSIS), 24, 37n37–40, 38n47, 168, 177n64 anthropogenic GHG emissions from deforestation and forest degradation, 161 anthropogenic interference with climate system, 151, 157 anthropogenic interference with the environment, 153 anthropogenic sources of carbon dioxide, 21, 159 anthropogenic sources of climate change, 151–52 Arctic Ocean and, 183–84, 190–92, 194, 198n42 Arctic sea ice, melting, 184 Bangladesh, 20, 168, 255 carbon dioxide emissions, 19, 21–22, 37–38n44 Caribbean Protocol, 32 challenges, 34–35 chemical pollution from factories, mining activities and toxic dumping, 22–23 climate change impacts, 20–22 Climate Change Science Compendium 2009, 21, 36n5, 36n10 coastal environments, degradation of, 19 coastal erosion, extensive, 21, 92 Conference of Parties (COP), 27–29, 36n4, 39n70, 39n72, 39n79–80, 39n83–84 Convention on Biological Diversity (CBD), 27–29 Copenhagen Accord, 33, 41n116, 155–56, 160, 168, 174n32 coral reefs, 19, 22, 37n16–17, 45, 56

courts and tribunals, resorting to, 25 on crops and livestock, vulnerability of poor to, 50 cycle of carbon, global, 21 developing countries and, 1 dispute settlement forums to address harms caused by, 150, 171 drought conditions, 1, 22, 43, 45, 128, 136, 166–67, 171–72 energy-related taxes and levies, 33 environmental conservation, obstacles blocking, 34 environmental factors, poverty, discrimination and inequalities from, 137 environmental threats, 20–24 eutrophication (oxygen depletion), 22 fisheries strategies, sustainable, 30 flash floods, 22, 167 food security, global, 2, 31, 33, 43, 136, 145n20, 159, 250, 258 Fourth Global Conference on Oceans, Coasts, and Islands: Advancing Ecosystem Management and Integrated Coastal and Ocean Management, 34 fragile states, 20 geo-engineering solutions to, 175n41, 204 Global Environmental Facility, 33 Global Island Partnership (GLISPA), 29, 39n86 Global Programme of Action for the Protection of the Marine Environment from Land-based Activities (GPA), 30–31, 39n89, 40n91, 40n97, 40n100–104, 83, 99n26 global warming and cost of adapting to climate changes, 22, 35, 38n46 as greatest threat to humanity and life on Earth, 1 greenhouse gas (GHG) emissions, 16, 21, 24–25, 35, 38n44 Grotian legacy and sustainable biodiversity, 204, 219n36, 222n74 Human Rights Commissions, 25 Intergovernmental Panel on Climate Change (IPCC), 21–22, 41n113 International Union for the Conservation of Nature (IUCN), 34, 37n43 Island Biodiversity Programme, 28, 36n4, 39n72, 39n79–80, 39n83

INDEX 305

land-based sources and activities (LBSA) of pollution, 22, 26–27, 29–35, 40n91 land-based sources (LBS) of pollution, 22–24, 26, 32, 40n107 LBSA protocols, 31–32, 40n91 least developed countries (LDCs), 20, 33, 155, 158, 167 Least Developed Countries Fund (LDCF), 33 litigation involving, 172 loss of biodiversity in many ecologically rich sites, 2 on low-lying and small island countries, 127 Malé Declaration on the Human Dimension of Global Climate Change, 25, 38n47 marine ecosystem, 21–23, 31, 43, 100n33, 183, 193, 204, 209, 211, 221n70 marine environment, biodiversity of the, 30 marine living resources, sustainable use of, 30 marine resources, 20, 26, 31, 188 Mediterranean LBSA Protocol, 31–32 Millennium Development Goals, 28, 39n83 as most significant global environmental challenge, 1 non-fossil sources of power, 32 ocean policies, development of, 30 ocean pollution damage, 23, 26, 37n22 ocean warming and thermal expansion rates, 21 Office of the UN High Commissioner for Human Rights (UNHCHR), 25 paralytic shellfish poisoning (PSP), 23 “polluter pays” principle, 6, 29, 60 pollution, 22–27, 29, 32, 35, 1920 polychlorinated biphenyls (PCBs), 23 poverty and, 23, 33–34 problems, addressing the, 24–25 Programme of Action for the Sustainable Development of Small Island Developing States, 24, 28, 30, 36n2, 39n82, 39n85, 40n95, 41n124 regional seas conventions and LBSA protocols, 31–32 Russia, 39n83, 157, 163, 170 sea level rise from global warming, 20–22, 24, 34–35, 36n6, 36n8, 45, 127

seawater temperature, 21 sewage treatment plants, 32 SIDS Exclusive Economic Zones (EEZs), 20, 23, 97n4 SIDS pollution control mechanisms, 23 small island developing states (SIDS), 19–25, 28–30, 32–35, 36n2, 36n5, 37n34, 37n40–41 Small Island States Conference on the Human Dimension of Global Climate Change, 25 South Pacific Regional Environment Programme, 21 species and ecosystems, effect on, 45 species and populations, protection of threatened, 27 storm surges, 2, 22 tipping points and irreversible changes to major Earth systems and ecosystems, 21 tropical cyclones, 22 UN Convention on the Law of the Sea (UNCLOS), 20, 25–27, 197n36, 202, 218n15, 221n67 UN conventions and programmes, 25–32 UN Department of Economic and Social Affairs (UN-ECOSOC), 24, 135, 264n1, 264n5, 264n12 UN Framework Convention on Climate Change (UNFCCC), 24, 33, 41n116 UN Human Rights Council, 21, 25 United Nations Environment Programme (UNEP), 21, 30, 36n5, 37n33, 37n36, 39–40n91, 39n84, 39n89, 40n97, 40n100–111 UN Office of the High Representative for the Least Developed Countries, Landlocked Developing Countries and the Small Island Developing States (UN-OHRLLS), 24, 37n41 World Conference on Sustainable Development, 30 Climate Change Conference in Bali (2007), 137, 154 Climate Change Conference in Copenhagen (2009), 137, 139, 174n34, 252 climate change law about, 149–50 acidification of the oceans, 21, 45, 163, 181, 204

306 INDEX

climate change law (cont.) adaptation policies, development of, 165–67 African nations’ objection to target global temperature increase, 156 agricultural failures, 172 Alliance of Small Island States (AOSIS), 24, 37n37, 168, 177n64 anthropogenic interference with the climate system, 152 anthropogenic sources of carbon dioxide from developing countries, 159 anthropogenic sources of climate change, 152 Bali Action Plan, 137, 154–55, 166, 174n20, 174n36, 262 biofuels, second-generation, 165, 177n51 carbon capture and storage (CCS) mechanisms, 151, 161–62, 172 carbon credits, 151, 161, 174n30 carbon dioxide, anthropogenic sources of, 159 carbon dioxide emission levels, 153, 159–65, 175n46 carbon market, Japanese, 151 carbon market valuation by World Bank, 151 carbon sequestration, 62–63, 68n13, 161, 166, 174n37 carbon trading, forest, 161, 173n13 China, India and Brazil, positions and participation of, 159–60 Clean Development Mechanism (CDM), 151, 156, 161–62, 254–55, 266n34–36 clean technology (cleantech), 151–52 climate change, clear scientific consensus confirming, 152 climate change international regulation, new themes for future, 160–65 climate disasters, 166, 172 coastal flooding risk, 168 Conference of the Parties (COP 3), 173n10 Conference of the Parties (COP 5), 71n50–51 Conference of the Parties (COP 6), 70n45 Conference of the Parties (COP 8), 36n4, 39n72–80, 39n83, 72n94 Conference of the Parties (COP 13 in Bali), 161, 174n36 Conference of the Parties (COP 14), 154

Conference of the Parties (COP 15 in Copenhagen), 156, 252 Conference of the Parties (COP 16 in Mexico 2010), 156 Copenhagen Accord, 33, 41n116, 155–56, 160, 168, 174n32 Copenhagen Conference, 155–56 Copenhagen Green Climate Fund, 160 dangerous anthropogenic interference (DAI), 152, 156 deforestation, 155–56, 161, 174n36 developing countries, 154–61, 164, 166–67, 174n36 dispute settlement forums to address harms caused by climate change, 150, 171 drought-resistant crops, 166 droughts, 1, 22, 43, 45, 128, 136, 166–67, 171–72 ecological disruptions to fish, plant and wildlife populations, 171 emission reduction, benchmark year for, 155 emissions reduction units (CERs), 151, 161 emissions trading scheme, global, 165 energy sources, renewable, low-carbon, 164, 172 Environmental Modification Convention (ENMOD), 163, 175n44 European Union Emissions Trading Scheme (EU ETS), 151–52 Fifteenth Conference of the Parties in Copenhagen (2009), 155 flooding of major coastal cities, 169 floods, 22, 128, 166, 172, 176n58 fuel-based economy to low-carbon economy, transition from, 163–64 geoengineering, 162–63 GHG emission reduction targets, 150–51, 153–54 GHG emissions, forest destruction as key non-energy contributor to, 150, 262 GHG emissions from international shipping and aviation, 155 GHG emissions from natural gas, 163 GHG emission sources that cross national borders, 150 Global Humanitarian Forum, 167, 176n59 global warming, 157, 159, 161–62, 164–67, 169–71, 175n41, 177n67, 178n86

INDEX 307

greenhouse development rights (GDR), 171, 178n84 greenhouse gases (GHGs), 149, 151, 154, 157–58, 162 heatwaves, 167 humanitarian crises, 35, 150, 167 human rights associated with livelihood, culture, migration, resettlement and personal security, 170 human rights law, how climate change discourse has shaped, 170–72 human rights litigation involving climate change, 172 human rights to water, food, health and property, 170 hurricanes, 43, 167 infrastructure construction (dykes, sea walls, harbours and railways), 166 Inter-American Commission on Human Rights, 38n46, 132, 145n24, 171–72, 178n86 Intergovernmental Panel on Climate Change (IPCC), 152–53, 157, 164, 166–67, 171–72 international aviation and shipping transportation, 164–65 International Civil Aviation Organization (ICAO), 165 international climate change regime, current status of, 150–52 International Covenant on Civil and Political Rights (ICCPR), 128, 170, 177n74 international human rights provisions and, 13, 150 International Maritime Organization (IMO), 165 IPCC Fourth Assessment Report (AR4), 41n113, 69n22, 153, 173n14, 175n49 IPCC Report, Climate Change and Water, 171, 178n82 Kyoto Protocol, 149, 151–52, 154, 156–58, 173n2, 173n9, 254, 266n33 Kyoto Protocol: Annex I countries and GHG emission reductions, 156–57 Kyoto Protocol: non-Annex I countries, 158 least developed countries (LDCs), 20, 24, 33, 155, 158 Major Economies Forum, 158–59 migrations, forced, 150, 168–69, 176n61

migrations, mass, 166, 172 mitigation, new role for developing nations, 158–59 mitigation actions, nationally appropriate, 160 mitigation by industrialized countries, prospects for, 156–58 mitigation policies of current and future international climate change regime, 150–65 mitigation technology and technology transfer, investments in, 160 multilateral environmental agreements (MEAs), 149 Nairobi Work Programme (NWP), 166, 176n55–56 national security, safeguarding, 169–70 national security concerns, 166 natural disaster and humanitarian crisis preparedness, 167–68 natural disasters, 92, 136, 150, 167, 169, 176n57, 176n60, 262 nuclear energy as a climate change strategy, 164 Nuclear Non-Proliferation Treaty (NPT), 164 Office of the UN High Commissioner for Human Rights (UNHCHR), 25, 136, 170, 177n78 “post-2012” climate change regime, 149–50 poverty, 169, 171 rapidly developing economies (RDEs), 150, 158–59 REDD-plus, 160–61 Reducing Emissions from Deforestation and Forest Degradation (REDD), 161, 253, 262–63, 267n77–78, 267n80–82 refugee protection framework, 169 research and development (R&D), 162 “Revised Negotiating Text” (RNT), 154 target, where to set?, 153–54 target negotiations toward the post-2012 era, 154–55 transportation, carbon dioxide and GHG emissions from, 165 UN Climate Change Conference in Bali (2007), 154

308 INDEX

climate change law (cont.)

UN Framework Convention on Climate Change (UNFCCC), 149–52, 154, 156, 158, 160–61, 163, 166, 169, 172n1, 173n2–10, 174n20, 174n26 UN Human Rights Council, 170–71, 178n79 United States, position and participation of, 157–58 United States National Academy of Sciences, 162 UN Universal Declaration of Human Rights, 137, 170, 177n76 water resources, 65, 73n111, 169, 171, 251 climate change regime, “post-2012,” 149–50 climate disasters, 166, 172 Club of Rome, 4, 15n16 coastal ecosystems and landscapes, fragility of, 91 environments, degradation of, 19 erosion, extensive, 21, 92 flooding risk, 168 states, Arctic, 180, 194 Coastal Zone Protocol. See Protocol on Integrated Coastal Zone Management in the Mediterranean (Coastal Zone Protocol) COFI. See Committee on Fisheries (COFI) COMEST. See Commission on the Ethics of Scientific Knowledge and Technology (COMEST) Commission on Environmental Law of the World Conservation Union (IUCN), 118 Commission on Environment and Development. See World Commission on Environment and Development Commission on Indigenous Populations/ Communities in Africa and on Economic, Social and Cultural Rights, 131 Commission on the Conservation of Antarctic Marine Living Resources (CCAMLR), 218n31 Commission on the Ethics of Scientific Knowledge and Technology (COMEST), 237 Commission on the Limits of Continental Shelf, 184 Committee on Economic, Social and Cultural Rights, 129

Committee on Fisheries (COFI), 205 Committee on the Elimination of Discrimination against Women (CEDAW), 129 Committee on the Elimination of Racial Discrimination, 134 Committee on the Rights of the Child (CRC), 129–30 common heritage of mankind and the high seas, 214 community-based forest management system (CBFM) [Tanzania], 57–58 Conference of Parties (COP) about, 27–29, 36n4, 39n70, 39n72, 39n79–80, 39n83–84, 71n48 COP 3 in Buenos Aires, Argentina 1996, 173n10 COP 5 in Bonn, Germany 1999, 71n50–51 COP 6 in The Hague, Netherlands 2002, 70n45 COP 7, 72n88–89 COP 8 in Curitiba, Brazil 2006, 36n4, 39n72–80, 39n83, 72n90, 72n94 COP10, 48, 52 COP 13 in Bali, 161, 174n36 COP14 in Poland, 2008, 154 COP 15 in Copenhagen, 156, 252 COP 16 in Mexico 2010, 156 Fourth National Report, 53 incentives for conservation and sustainable use of components of biodiversity, 58 poverty alleviation, 42, 45, 103 Programme of Work on Protected Areas (PoWPA), 55, 72n94 Conference of the Parties to the Convention on Biological Diversity (CBD COP), 39n84, 205, 268n84 conservation of biodiversity, 42–44, 46–48, 50–52, 54–56, 58–67 mechanisms, 54 wildlife management and biodiversity, 57 Conservation of Arctic Flora and Fauna (CAFF), 181–82, 196n14 consolidated bioprocessing (CBP) of biomass, 274 continental shelf resources, 203, 208–9 the Convention. See Convention for the Protection of the Marine Environment

of the North-East Atlantic (OSPAR Convention) Convention Concerning the Protection of the World Cultural and Natural Heritage (World Heritage Convention), 46, 130–31 Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London [Dumping] Convention), 209, 218n28, 220n53 Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention) Arctic Ocean, 193, 200n79, 220n56 Grotian legacy and sustainable biodiversity, 99n32, 193, 209, 220n56 Mediterranean Sea, 80–83, 93, 98n13, 99n25, 99n27, 99n32 Convention on Access to Information, Public Participation in DecisionMaking and Access to Justice in Environmental Matters, 125n19, 125n31 Convention on Biological Diversity (CBD) Article 6, 63 Article 8(a), 54–55 Article 8(e), 55 Article 11, 58 Barbados Programme of Action for the Sustainable Development of Small Island Developing States (BPoA), 28, 30, 34, 39n80 biodiversity, 42–44, 47–49, 51–55, 58, 63, 67, 68n4–6, 68n9, 68n12, 68n18, 69n21, 69n24, 69n26, 70n36–45, 71n45–47, 71n50–52, 72n71, 72n73–77, 72n79–83, 79n54 biodiversity conservation, 12 bioenergy, 263 climate change and pollution, 27–29 Conference of Parties (COP), 27–29, 36n4, 39n70, 39n72, 39n79–80, 39n83–84 Ecosystem Approach (EA), 48–49, 56, 59, 63 genetic resources, access and benefit sharing of, 287, 291n48 Grotian legacy and sustainable biodiversity, 208, 212, 219, 221n71, 222n74 Island Biodiversity Programme, 28, 36n4, 39n72, 39n79–80, 39n83

INDEX 309 Mauritius Strategy for the Further Implementation of the Barbados Programme of Action for the Sustainable Development of Small Island Developing States, 28 Mediterranean Sea, 79n54 national biodiversity strategies and action plans (NBSAPs), 48–49, 53, 65, 72n78 non-lawyers and legal regimes, 103, 124n2 objectives, obstacles to implementation of, 48 Secretariat, 53, 63, 69n24, 69n26, 71n54, 72n71, 72n75–76, 72n79, 72n81–83, 72n93, 76n142, 76n146–48, 79n81 Strategic Plan, 28, 39n79 Strategic Plan for 2010 Target, 48–49, 51–53, 55, 67, 71n47 synthetic biology and synthetic genomics, 287, 291n48 World Summit on Sustainable Development, Plan of Implementation of, 28 Year in Review 2008, 55 Convention on Indigenous and Tribal Peoples in Independent Countries (ILO Convention no. 169), 133, 135 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) biodiversity, 46, 68n4, 70n34, 259, 265n20, 267n62–63 bioenergy, 251, 253, 255, 259, 261, 265n20 Convention on Oil Pollution Preparedness, Response and Co-operation (MARPOL), 101n45, 196n30, 209, 218n29 Convention on Persistent Organic Pollutants (Stockholm Convention), 196n30, 234–35, 245n43 Convention on the Conservation of Antarctic Marine Living Resources, 192 Convention on the Conservation of Antarctic Seals, 192, 199n66 Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel Convention), 88–89, 100n41, 234–35, 245n41

310 INDEX

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Rotterdam Convention), 234–35, 245n42 Convention on the Protection of the Mediterranean Sea against Pollution, 80, 98n11, 99n22 Convention on the Regulation of Antarctic Mineral Resources Activities (CRAMRA), 192, 199n68 Convention on Wetlands of International Importance Especially as Waterfowl Habitat (RAMSAR Convention), 46, 68n4, 70n35 Conversion of Cropland to Forests and Grassland (CCFG) programme [China], 63 COP. See Conference of Parties (COP) Copenhagen Accord, 33, 41n116, 155–56, 160, 168, 174n32 Copenhagen Green Climate Fund, 160 corals/coral reefs, 19, 22, 37n16–17, 45, 56, 204, 211 Costa Rica, 62 CRAMRA. See Convention on the Regulation of Antarctic Mineral Resources Activities (CRAMRA) CRC. See Committee on the Rights of the Child (CRC) DAI. See dangerous anthropogenic interference (DAI) Dakar Statement on Manufactured Nanomaterials, 238, 245n55 dangerous anthropogenic interference (DAI), 152, 156 Darfur (Sudan), 169 Declaration of the Principles of High Seas Governance Ecosystem Approach (EA), 213 Declaration of the UN Conference on the Human Environment (Stockholm Declaration), 5, 69n31, 138, 146n45 Declaration on the Establishment of the Arctic Council, 181, 195n10–14, 196n17 deforestation, 155–56, 161, 174n36 Denmark Arctic Council chair state, 182 Arctic Ocean, 180, 182, 185, 196n22, 198n42

Arctic Ocean state, 180, 198n42 Bali Action Plan, 154 Fifteenth Conference of the Parties, 155 nanotechnology, 233, 246n68 nanotechnology, regulatory implications of, 233 North Sea Continental Shelf Cases, 97n5 Department for Environment Food and Rural Affairs [United Kingdom], 246n71 desertification, 128, 136 developing countries, 154–61, 164, 166–67, 174n36 Directive on Access to Justice, 108 discrimination, prohibition of, 128–29, 131, 134, 137, 139, 142 dispute settlement forums on harms from climate change, 150, 171 DNA synthesis machines, automated, 272, 277–78, 284, 291n35 Draft Principles on Human Rights and the Environment, 142 drought conditions, 1, 22, 43, 45, 128, 136, 166–67, 171–72 resistant crops, 166 dumping, 22–23, 130. See also Protocol for the Prevention and Elimination of Pollution of the Mediterranean Sea by Dumping from Ships and Aircraft or Incineration at Sea (Dumping Protocol); Protocol to the Convention on the Prevention of Marine Pollution

by Dumping of Wastes and Other Matter (London Protocol) Dumping Protocol. See Protocol for the Prevention and Elimination of Pollution of the Mediterranean Sea by Dumping from Ships and Aircraft or Incineration at Sea (Dumping Protocol) Dutch East India Company, 201, 215 Earth Summit, 5–6. See also United Nations Conference on Environment and Development (UNCED) ECJ. See European Court of Justice (ECJ) eco-compensation mechanisms [China], 63 ecological disruptions to fish, plant and wildlife populations, 171

ecologically sustainable development (ESD), 103–16, 120, 122–24 economic development, unsustainable levels of, 4 eco-service payment schemes, 62–63 ecosystem Arctic marine, 193 fragile Arctic, 189–90, 194 Ecosystem Approach (EA), 209 ecosystems based approach to ocean management, 190–91, 193, 195n6, 199n59, 199n61, 199n64, 200n81 shocks and disturbances to, 43 EEZs. See Exclusive Economic Zones (EEZs) EGE. See European Group on Ethics in Science and New Technologies (EGE) EIA. See environmental impact assessment (EIA) ELAW. See Environmental Law Alliance Worldwide (ELAW) Elimination of Racial Discrimination, 134 ELSI. See ethical, legal, and social implications (ELSI) Emergency Planning and Community Right-to-know Act (EPCRA) [U.S.], 117 Emergency Prevention, Preparedness and Response (EPPR), 181, 196n14 Emergency Protocol. See Protocol Concerning Cooperation in Preventing Pollution from Ships and, in Cases of Emergency, Combating Pollution of the Mediterranean Sea (Emergency Protocol) emission reduction, benchmark year for, 155 emissions reduction units (CERs), 151, 161 emissions trading scheme, global, 165 Emission Trading (ET), 254 Endangered Species Act, 259, 267n65 energy balance of bioenergy, 248, 264n6 energy-related taxes and levies, 33 energy sources, alternative, 137 energy sources, renewable, low-carbon, 164, 172 Energy Star® labelling, 252, 256, 260–61, 265n23, 267n70 enforcement, transboundary and international, 120–21

INDEX 311 enforcement and compliance, 113–17 ENMOD. See Environmental Modification Convention (ENMOD) environment (environmental) access to information on the, 141–42 agreements, international, 141 conservation, obstacles blocking implementation of, 34 enforcement, 116, 119, 121, 126n48 governance, 104–12, 115, 122–24, 124n9–10, 124n12–14 governance, global, 292 information, access to, 107–8, 110, 116–17 instruments, human rights elements in international, 128 issues, citizen’s participation in, 141 law, violations of, 141 laws with a transboundary effect, 120 pollution, 118, 129–30 proceedings, citizen participation in, 122 protection, 139 rights, standing and a cause of action, 117–18 rights and citizen cause of action, 116–18 rights linked to human rights, 106–7, 116–17, 125n24 right to a safe and sound, 142 side-agreement to NAFTA, 120–21 standards, defining, 117 sustainable development policy, 114 Environmental Council of Zambia, 66 Environmental Defenders Office [New Zealand], 122–23 Environmental Defense-DuPont Nano Partnership Nano Risk Framework, 241, 246n72 environmental degradation, 4, 6, 9, 23, 35, 77n158 Environmental Due Diligence of Renewable Energy Projects Guidelines for Biomass Systems based on Energy Crops (UNEP SEFI), 255, 266n42 environmental impact assessment (EIA), 66, 110, 113, 119, 123 Environmental Law Alliance Worldwide (ELAW), 121 Environmental Modification Convention (ENMOD), 163, 175n44 Environmental Protection Agency (EPA) [US], 233 Environment Council, 108

312 INDEX

EPA. See Environmental Protection Agency (EPA) [US] EPCRA. See Emergency Planning and Community Right-to-know Act (EPCRA) [U.S.] EPPR. See Emergency Prevention, Preparedness and Response (EPPR) Erika tanker accident, 89, 91 ESD. See ecologically sustainable development (ESD) ET. See Emission Trading (ET) ethical, legal, and social implications (ELSI), 281 EU ETS. See European Union Emissions Trading Scheme (EU ETS) EU Parliament, 187, 198n46, 198n48 European Centre for Standardization (CEN), 255, 266n38 European Commission, 233–34, 286 European Community Directives, 120 European Convention for the Protection of Human Rights and Fundamental Freedoms, 132, 177n77 European Convention on Human Rights, 132 European Court of Justice (ECJ), 120 European Court on Human Rights, 132–33 European Economic Community. See European Union European Group on Ethics in Science and New Technologies (EGE), 286, 291n42 European Patent Office, 287 European Union (EU) citizens petition the European Parliament for enforcement of environmental directives, 120 Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean, 81 GHG emitter, major, 157 Grotian legacy and sustainable biodiversity, 208, 210 Implementation Agreement, 208–10 Kyoto Protocol ratification, 151 Parliament, 108, 120, 187, 198n46, 198n48 European Union Emissions Trading Scheme (EU ETS), 151–52 eutrophication (oxygen depletion), 22 Exclusive Economic Zones (EEZs), 20, 23, 85, 97n4, 98n15, 197n33, 202

Expert Mechanism on the Rights of Indigenous Peoples, 135 FAO. See Food and Agriculture Organization (FAO) Fifteenth Conference of the Parties in Copenhagen (2009), 155 Fifth National Development Plan 2006–2010 [Zambia], 66 financing of bioenergy programmes, 254–55 Finland Arctic Council chair state, 182 Arctic Ocean, 181–82, 185, 198n42, 200n81 nanotechnology, 233, 246n68 fisheries adverse effects of unsustainable, 219n34 commercial fleets, 195 deep-sea, 211–12, 221n64 ecosystem approach in, 220n51 high seas, 204, 206–7, 212, 218n31, 219n47, 220n48, 223n84–85 regimes and environmental sectors, 208 strategies, sustainable, 30 fish stocks, 51, 194, 200n84, 204, 208, 211–12, 218n16, 218n31, 219n34, 221n68 Fish Stocks Agreement (FSA), 194, 206, 208, 212, 218n16, 223n85 floods, 1–2, 22, 45, 128, 166–69, 172, 176n58 food bioenergy impact on, 248 crops, bioenergy feedstocks displace, 248 Department for Environment Food and Rural Affairs [United Kingdom], 246n71 human rights to water, food, health and property, 170 security, global, 2, 31, 33, 43, 136, 145n20, 159, 250, 258 Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security, 131 world food crisis, 136 Food and Agriculture Organization (FAO) biodiversity, 50, 131, 145n20, 176n58, 199n74, 205, 211–12, 219n32, 221n64–66, 237, 245n51–52, 255, 262, 264n11, 266n39 bioenergy, 255, 262, 264n11, 266n39

Grotian legacy and sustainable bio­ diversity, 205, 211, 219n32, 221n64–66 nanotechnology, 237 forest Brazilian Forest Code, 61–62 carbon sinks and forest conversion for bioenergy, 248 carbon trading, 161, 173n13 conservation and tree-planting projects, 137 Conversion of Cropland to Forests and Grassland (CCFG) programme [China], 63 deforestation and loss of biodiversity, 2, 44 deforestation in Acre Brazil, reduction in, 65 degradation and anthropogenic GHG emissions, 161 degradation and bioenergy, 262–63 destruction as key non-energy contri­ butor to GHG emissions, 150, 262 Forest Stewardship Council (FSC), 252, 256–57, 265n23, 266n45 poor people’s dependence on, 50 programmes, voluntary, 256–57 Rainforest Alliance Certification (RAC) seal, 253, 265n23 Reducing Emissions from Deforestation and Forest Degradation (REDD), 262–63, 267n77–78, 267n80–81 Sustainable Forestry Initiative (SFI), 256, 266n45–48 United Nations Forestry Forum on REDD, 263, 268n85 Forest Stewardship Council (FSC), 252, 256–57, 265n23, 266n45 Fournex Report, 5, 15n18 Fourth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC), 2, 14n2, 41n113, 44, 69n22–23, 153, 173n14, 175n49, 176n53, 179 Fourth Global Conference on Oceans, Coasts, and Islands: Advancing Ecosystem Management and Integrated Coastal and Ocean Management, 34 Fourth National Report to the Convention on Biological Diversity, 48, 53, 71n46, 76n149

INDEX 313 France, 60 freedom of high seas, 203, 207 of information, association and expression, 127 of the seas, 201–3, 213–14, 216n1, 221n67 FSA. See Fish Stocks Agreement (FSA) FSC. See Forest Stewardship Council (FSC) Fur Seal Convention, 196 G8, 52, 153 G77, 206, 210 Gabcikovo-Nagymaros Hydropower Project, 120 Gates Foundation, 282 GDR. See greenhouse development rights (GDR) gene plus a vector synthesis, 272 Generalized System of Preferences (GSP), 253–54, 266n31–232 genetically modified organisms, 232, 279–80, 283, 288, 291n50 plants and animals, 232, 270, 279–80, 283, 288, 291n50 genetic diversity, global decline in, 44 Geneva Conventions on the Law of the Sea, 202, 217n13 genome sequences and testing of vaccine strains, 275–76 GEO 4. See Global Environment Outlook (GEO 4) GEO Year Book 2007, 236, 245n44 Germany, 228, 233, 237, 246n68 GHGs. See greenhouse gases (GHGs) emissions GLISPA. See Global Island Partnership (GLISPA) Global Environmental Facility, 33 Global Environment Outlook (GEO 4), 1 Global Humanitarian Forum, 167, 176n59 Global Island Partnership (GLISPA), 29, 39n86 Global Programme of Action for the Protection of the Marine Environment from Land-based Activities (GPA) climate change and pollution, 30–31, 39n89, 40n91, 40n97, 40n100–104, 83, 99n26 Mediterranean Sea, 30–31, 39n89, 40n91, 40n97–98, 83, 99n26, 100n100–105

314 INDEX

global warming climate change law, 157, 159, 161–62, 164–67, 169–71, 175n41, 177n67, 178n86 cost of adapting to climate changes, 22, 35, 38n46 population movements due to, 127 sea level rise from, 20–22, 24, 34–35, 36n6, 36n8, 45, 127 Gorbachev, Soviet Secretary-General Michail, 180–81, 195n8 GPA. See Global Programme of Action for the Protection of the Marine Environment from Land-based Activities (GPA) Grameen Bank, 255 Great Barrier Reef (Australia), 2 greenhouse development rights (GDR), 171, 178n84 greenhouse gases (GHGs) emissions biodiversity, 44–45, 54, 62, 75n130 bioenergy, 248, 250–52, 255–56, 260–63, 266n34 climate change and pollution, 16, 21, 24–25, 35, 38n44 climate change law, 149, 151, 154, 157–58, 162 crossing national borders, 150 forest destruction as key non-energy contributor to, 150, 262 of Indonesia, 261–62 from international shipping and aviation, 155 nanotechnology, 228, 248 from natural gas, 163 reduction targets, 150–51, 153–54 reduction technologies, 255, 266n34 from transportation, 165 Greenland, 180–81, 184–85, 187 green value added tax, 63 Grotian legacy and sustainable biodiversity Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction, 205, 219n35, 219n40 Antarctic Treaty, 209 BBNJ Working Group, 205, 208, 211–12, 219n37, 220n50

biodiversity, conservation and sustainable management of high seas, 204–5, 208, 211–13 biodiversity, precautionary approach to, 213 biodiversity, protection of high seas marine, 206–13 biodiversity, threats to marine environment and its, 204 biodiversity and marine environment, protection of high seas, 205 biodiversity of the water column, 205 bioprospecting for marine genetic resources, 204, 208 carbon dioxide sequestration, 208 China, 206, 211, 222n79 climate change, 204, 219n36, 222n74 Committee on Fisheries (COFI), 205 common heritage of mankind regime applied to the high seas, 214 Conference of the Parties to the Convention on Biological Diversity (CBD COP), 39n84, 205, 268n84 continental shelf resources out to the geomorphological limit of the continental shelf, 203, 208–9 Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London [Dumping] Convention), 209, 218n28, 220n53 Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention), 99n32, 193, 209, 220n56 Convention on Biological Diversity (CBD), 208, 212, 219, 221n71, 222n74 Convention on Oil Pollution Preparedness, Response and Co-operation (MARPOL), 101n45, 196n30, 209, 218n29 Declaration of the Principles of High Seas Governance [UNGA], 213 Dutch East India Company, 201, 215 Environmental Protocol, 209 European Union (EU), 208, 210 fisheries, adverse effects of unsustainable, 219n34 fisheries, deep-sea, 211–12, 221n64 fisheries, ecosystem approach in all, 220n51

INDEX 315

fisheries, high seas, 204, 206–7, 212, 218n31, 219n47, 220n48, 223n84–85 fisheries regimes and environmental sectors, 208 fish stocks, 204, 208, 211–12, 218n16, 218n31, 219n34, 221n68 Food and Agriculture Organization (FAO), 205, 211, 219n32, 221n64–66 freedom of the seas, 201–3, 213–14, 216n1, 221n67 freedom of the seas, restricting, 202+204, 202–4 freedoms, high seas, 203, 207 Geneva Conventions on the Law of the Sea, 202, 217n13 geo-engineering solutions to climate change, 175n41, 204 Grotian concept as limited to freedom of navigation and fishing, 203 Grotian ideal, failure of, 204–5 Grotian ideal and freedom on the seas, 13, 201–2 Grotius, Hugo, 201–3, 215, 216n1, 217n6, 217n9, 218n26, 223n88, 224n89 illegal, unregulated and unreported fishing (IUU fishing), 204–5, 212, 221n67 Implementation Agreement [European Union], 208–10 International Convention for the Prevention of Pollution from Ships, 220n55 International Council for the Exploration of the Sea (ICES), 213 International Maritime Organization (IMO), 90, 205, 222n73 International Oceans Authority (IOA), 210 International Sea-Bed Authority (ISBA), 203, 209, 212, 221n72, 222n79, 223n82 LOSC and the Part XI Implementing Agreement, 206, 218n15 mare clausum, 201, 217n9, 223n88 mare liberum, 202 marine biodiversity, conservation and management of, 204–5, 208, 211–13, 216, 220n47 marine biodiversity, conservation of, 211 marine biodiversity, exhaustibility of, 204, 215, 295

marine biodiversity, increased seawater temperature affects, 21 marine biodiversity, management of risks to, 213 marine biodiversity, protection of high seas, 206–13 marine biodiversity in areas beyond national jurisdiction, sustainable management of, 214–15, 222n77 marine diversity on high seas, developing legal regime for protection of, 206–13 marine environment and its biodiversity, threats to, 204 marine genetic resources of the deep seabed, 205–6, 208, 210, 214, 219n46 marine pollution by shipping, discharge of, 204 marine protected areas (MPAs) networks, 208–9, 212, 220n51 navigation, safety of, 204 North Pacific Marine Science Organization (PICES), 213 ocean acidification, 21, 45, 163, 181, 204 ocean fertilization projects, large-scale, 204, 212, 222n73–74 oceans governance, global system of fiduciary, 215 piracy, prohibitions on, 201, 203 post-Grotian paradigm for high sea governance and the sustainable maintenance of marine biodiversity beyond national jurisdiction, 214–15 Protocol on Environmental Protection to the Antarctic Treaty, 220n58 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Protocol), 209, 218n28, 220n54 regional fisheries management organizations (RFMOs), 205, 207–9, 211–12, 218n31, 221n70, 223n85 regional oceans management organizations (ROMOs), 210, 213 slave transportation, 203 200 nautical miles, coastal states jurisdic­ tion over resources within, 85, 202–3 UN Convention on the Law of the Sea (UNCLOS), 20, 197n36, 202–6, 208–9, 218n15, 218n17–25, 219n38–39, 219n42, 220n48, 221n67, 222n79

316 INDEX

Grotian legacy and sustainable biodiversity (cont.)

UN Fish Stocks Agreement (FSA), 206, 208, 212, 218n16, 223n85 UNGA Resolution 27/49, 206, 211 UN General Assembly and Resolution 61/105, 211 United Nations Convention on the Law of the Sea (UNCLOS), 202, 217–18n14, 217n13, 218n15–218n16, 219n34, 219n46, 221n67–221n68 United Nations Informal Consultative Process on Oceans and the Law of the Sea (UNICPOLOS), 205, 211, 219n42, 219n44, 219n46, 219n50, 220n59 whaling, 70n33, 197n30, 215 World Summit on Sustainable Development (WSSD), 208, 220n51 Grotius, Hugo, 201–3, 215, 216n1, 217n6, 217n9, 218n26, 223n88, 224n89 GSP. See Generalized System of Preferences (GSP) Guidelines for the Determination of Liability and Compensation for Damage resulting from Pollution of the Marine Environment in the Mediterranean Sea Area (the Guidelines), 93–96, 101n57, 101n59–61, 102n62–64, 102n67–74 habitat loss by land conversion, 44 heatwaves, 167 HFC. See hydrofluorocarbon (HFC) emissions HIV/AIDS, 50 Hong Kong, 246n69, 259 humanitarian crises, 35, 150, 167 human population, unsustainable rates of, 45 human rights and the environment. See also human rights law; Office of the UN High Commissioner for Human Rights (UNHCHR); United Nations Commission on Human Rights Aarhus Convention, 139–41, 143, 143n1, 146n48 Aarhus Convention’s Compliance Committee, 141 about, 127–28 Additional Protocol to the American Convention on Human Rights in the

area of Economic, Social and Cultural Rights, 132 African Charter on Human and Peoples’ Rights, 131, 178n83 African Commission on Human and Peoples’ Rights, 131, 145n21 Agenda 21, 137 Bali Action Plan, 137 climate change and environmental factors, poverty, discrimination and inequalities, 137 climate change and low-lying and small island countries, 127 climate change law, international provision for, 13, 150 Commission on Indigenous Populations/ Communities in Africa and on Economic, Social and Cultural Rights, 131 Committee on Economic, Social and Cultural Rights, 129 Committee on Elimination of Racial Discrimination, 134 Committee on the Elimination of Discrimination against Women (CEDAW), 129 Committee on the Rights of the Child (CRC), 129–30 Convention Concerning the Protection of the World Cultural and Natural Heritage (World Heritage Convention), 130–31 Convention on Indigenous and Tribal Peoples in Independent Countries (ILO Convention no. 169), 133, 135 discrimination, prohibition of, 128, 131 Draft Principles on Human Rights and the Environment, 142 dumping of toxic and dangerous products and wastes, 130 Elimination of Racial Discrimination, 134 energy sources, alternative, 137 environment, access to information on the, 141–42 environment, right to a safe and sound, 142 environmental agreements, international, 141 environmental instruments, human rights elements in international, 128

INDEX 317

environmental issues, citizen’s participation in, 141 environmental law, violations of, 141 environmental pollution, risks of, 129 environmental pollution and contamination of water supplies, 130 environmental pollution standards, 118 environmental protection, 139 environmental rights linked to, 106–7, 116–17, 125n24 environment in human rights texts, 128–33 European Convention for the Protection of Human Rights and Fundamental Freedoms, 132, 177n77 European Court on Human Rights, 132–33 Expert Mechanism on the Rights of Indigenous Peoples, 135 forest conservation or tree-planting projects, 137 freedoms of information, association and expression, 127 global instruments and monitoring efforts, 128–31 human rights, mainstreaming, 135–37 human rights in environmental instruments, 128, 138–42 human rights instruments and monitoring work, 128, 133, 138, 142 human rights law, international, 135 human rights law, lessons from, 128, 142 indigenous peoples, rights of, 132–35, 138–39, 143, 144n6 Inter-American Commission on Human Rights, 38n46, 132, 145n24, 171–72, 178n86 Inter-American Court on Human Rights, 132 International Court of Justice, 138 International Covenant on Civil and Political Rights (ICCPR), 128–29, 133, 137, 144n6, 146n53 International Covenant on Economic, Social and Cultural Rights (ICESCR), 137, 144n12, 170 in international environmental instruments, 128 international human rights provisions and, 13, 150

Johannesburg Declaration on Sustainable Development, 137 law and climate change, 170–72 litigation involving climate change, 172 on livelihood, culture, migration, resettlement and personal security, 170 Maldives, 21, 25, 36n13, 127 Millennium Development Goals, 130 non-discrimination and special measures for women, indigenous peoples and local communities, 139 nuclear weapons, 138 Office of the High Commissioner for Human Rights (OHCHR), 25, 136–37, 143n1, 144n3, 144n15–16, 145n33, 145n35–36, 146n39, 146n41, 170, 177n78 Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, 129, 144n12 population movements from global warming and rising sea levels, 127 Programme for the Further Implementation of Agenda 21, 137 regimes, 119 regional instruments and monitoring efforts, 131–33 rights for livelihood, culture, migration, resettlement and personal security, 170 right to development, 5, 8, 38n48, 132, 171, 178n83 Rio Declaration on Environment and Development, 137–38, 141 Russia, 145n27 safe drinking water and sanitation, 130 The Social and Economic Rights Action Center and the Center for Economic and Social Rights v Nigeria, 131 Stockholm Declaration, 5, 138 UN Charter, 137 UN Climate Change Conference in Copenhagen (2009), 137, 139, 174n34, 252 UN Commission on Human Rights, 130, 132, 142 UN Convention on the Rights of the Child, 129 UN Declaration on the Rights of Indigenous Peoples, 133–34 UN Declaration on the Right to Development, 132, 178n83

318 INDEX

human rights and the environment (cont.)

UN Economic Commission for Europe (ECE), 139 UN Framework Convention on Climate Change, 137, 149 UN Global Compact, 131 UN Human Rights Council, 127, 130, 134, 136, 143 Universal Declaration of Human Rights, 137 UN Permanent Forum on Indigenous Issues, 135 UN Special Rapporteur on Toxic Waste, 130 UN Universal Declaration of Human Rights, 137, 170, 177n76 Vienna Declaration and Programme of Action, 137 Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security, 131 for water, food, health and property, 170 to water, food, health and property, 170 World Conference on Human Rights (1993), 135 world food crisis, 136 World Summit on Sustainable Development (WSSD), 5, 137, 212, 220n51, 238 World Summit Outcome (2005), 135, 137 Human Rights Commissions, 25 human rights law environment protection and, 8, 12–13, 128, 142–43 international, 135 lessons from, 128, 142 hurricanes, 43, 167 hydrofluorocarbon (HFC) emissions, 251, 260 hydrogen-based economy, 227 hydrologic basin of Mediterranean Sea Area, 82, 84 IADB. See Inter-American Development Bank (IADB) IASB. See International Association: Synthetic Biology (IASB) IATTC. See Inter-American Tropical Tuna Commission (IATTC)

IBC. See International Bioethics Committee (IBC) ICC. See Inuit Circumpolar Council (ICC) ICCAT. See International Commission for the Conservation of Atlantic Tuna (ICCAT) ICCM. See International Conference on Chemicals Management (ICCM) ice cap, permanent, 179 Iceland, 182, 185, 198n42–43 ICES. See International Council for the Exploration of the Sea (ICES) ICESCR. See International Covenant on Economic, Social and Cultural Rights (ICESCR) ICJ. See International Court of Justice (ICJ) ICPS. See International Consortium for Polynucleotide Synthesis (ICPS) IDPs. See integrated development plans (IDPs) [Zambia] iGEM. See International Genetically Engineered Machine (iGEM) competition illegal, unregulated and unreported fishing (IUU fishing), 204–5, 212, 221n67 Ilulissat Declaration, 185, 188–89, 197n37–39, 198n43, 199n62–63 IMO. See International Maritime Organization (IMO) Implementation Agreement [European Union], 208–10 import standards and the WTO, 253–54 incentives for conservation and sustainable biodiversity, 58 tax-based, for environmental services, 59–60 tax relief for bioenergy and, 253 India carbon dioxide emissions, reduction of, 159 climate change law, 159–60 GHG emissions, major emitter of, 154, 156–57, 159 GHGs emissions reductions, 156 Mehta and environmental causes, 118–19, 126n52–54 nanotechnology, 230, 246 public interest in environmental law, 116 as rapidly developing economy, 158 Taj Mahal, crusade to save the, 118

Indian Ocean Tuna Commission (IOTC), 218n31 indigenous peoples. See also Inuit Arctic Ocean, 182, 186–87, 190, 192, 196n19–21 human rights and the environment, 132–35, 138–39, 143, 144n6 rights to land and resources of, 12 Indonesia Bali Action Plan, 262 EIA laws in, 119 GHG emissions of, 261–62 Palm Oil, Timber & Carbon Offsets (POTICO) programme, 262, 267n75 rapidly developing economy, 158 INECE. See International Network for Environmental Compliance and Enforcement (INECE) infrastructure construction (dykes, sea walls, harbours and railways), 166 insects, 45 integrated development plans (IDPs) [Zambia], 66 intellectual property rights, 282, 287, 291n51 Inter-American Commission on Human Rights, 38n46, 132, 145n24, 171–72, 178n86 Inter-American Court on Human Rights, 132 Inter-American Development Bank (IADB), 255, 266n40 Inter-American Tropical Tuna Commission (IATTC), 218n31 Intergovernmental Forum on Chemical Safety, 238, 245n54–55 Intergovernmental Panel on Climate Change (IPCC) bioenergy, 251 climate change and pollution, 21–22, 41n113 climate change law, 152–53, 157, 164, 166–67, 171–72 Fourth Assessment Report (2007), 2, 14n2, 41n113, 44–45, 69n22–23, 153, 173n14, 175n49, 176n53, 179 GHG reductions recommended by, 251 International Association: Synthetic Biology (IASB), 284, 291n36 International Bioethics Committee (IBC), 237

INDEX 319 International Civil Aviation Organization (ICAO), 165 International Commission for the Conservation of Atlantic Tuna (ICCAT), 218n31 International Conference on Chemicals Management (ICCM), 238–41, 245n58 International Consortium for Polynucleotide Synthesis (ICPS), 284, 291n35 International Convention for the Prevention of Pollution from Ships, 220n55 International Convention for the Regulation of Whaling, 70n33, 197n30 International Council for the Exploration of the Sea (ICES), 213 International Court of Justice (ICJ), 79, 120, 138 International Covenant on Civil and Political Rights (ICCPR) Article 6, 128 climate change law, 128, 170, 177n74 first Optional Protocol, 129, 134 human rights and the environment, 128–29, 133, 137, 144n6, 146n53 International Covenant on Economic, Social and Cultural Rights (ICESCR), 137, 144n12, 170 international environmental agreements, 3, 141. See also multilateral environmental agreements (MEAs) international environmental governance, 10, 35, 124n12, 293, 295 international environmental law environment and development, convergence of, 3–6 hazardous and dangerous substances, regulating, 234–35 negotiation of treaties, bilateral and multilateral, 4 “soft law” instruments such as declarations and plans of action, 4 state sovereignty and, 9 transboundary environmental harm, 4 world of problems, responding to, 1–3 International Genetically Engineered Machine (iGEM) competition, 280, 290n18 international judicial bodies, 4 International Labour Organization, 119

320 INDEX

international legal regimes, 13, 185 International Maritime Organization (IMO), 90, 99n33, 101n45–46, 165, 205, 222n73 Polar Code (Guidelines for Ships Operating in Ice-covered Waters), 183 International Meeting on Synthetic Biology (SB 1.0), 284 International Network for Environmental Compliance and Enforcement (INECE), 121 International Oceans Authority (IOA), 210 International Organization for Standardization (ISO) bioenergy, 255 nanotechnology, 238–39, 245n62, 246n64–65 International Sea-Bed Authority (ISBA), 203, 209, 212, 221n72, 222n79, 223n82 international trade law, 8 International Union for the Conservation of Nature (IUCN) bioenergy, 255 climate change and pollution, 34, 37n43 Red List of Threatened Species, 2, 15n8, 67, 219n33 resource kit for sustainability assessment, 115 International Year of Biodiversity, 42 Inuit Circumpolar Conference, 38n46, 171, 178n86, 196n17 Inuit Circumpolar Council (ICC), 38n46, 171, 178n86, 185, 196n17 Inuit Leaders’ Summit on Arctic Sovereignty, 185–86, 198n44 IOA. See International Oceans Authority (IOA) IOTC. See Indian Ocean Tuna Commission (IOTC) IPCC. See Intergovernmental Panel on Climate Change (IPCC) IPCC Fourth Assessment Report (AR4), 41n113, 69n22, 153, 173n14, 175n49 IPCC Report, Climate Change and Water, 171, 178n82 Iran, 230, 246n68 Island Biodiversity Programme, 28, 36n4, 39n72, 39n79–80, 39n83 ISO. See International Organization for Standardization (ISO)

ISO/TC 229 Nanotechnologies technical committee, 239–40, 246n65 IUCN. See International Union for the Conservation of Nature (IUCN); World Conservation Union (IUCN) IUU fishing. See illegal, unregulated and unreported fishing (IUU fishing) Japan Arctic Ocean, 188, 200n75 climate change law, 151, 157, 159 GHG emitter, major, 157 Kyoto Protocol, 151 nanotechnology, 228, 233, 237, 246n68 JFM. See Joint Forest Management (JFM) agreements [Tanzania] JI. See Joint Implementation (JI) mechanisms [Kyoto Protocol] Johannesburg Declaration on Sustainable Development, 5, 15n22, 137 Joint Forest Management (JFM) agreements [Tanzania], 57–58 Joint Implementation (JI) mechanisms [Kyoto Protocol], 254 judiciary, role and independence of, 118–19 Kiribati, 21 Kyoto Protocol Adaptations Fund, 33 Annex I countries and GHG emission reductions, 156–57 bioenergy, legal framework on, 254, 266n33 climate change law, 149, 151–52, 154, 156–58, 173n2, 173n9 Joint Implementation (JI) mechanisms, 254 non-Annex I countries, 158 United States as only industrial country not ratifying, 157 labelling of bioenergy production, 252–53 Lacey Act, 259, 267n66 Land-Based Protocol. See Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources and Activities (Land-Based Protocol) land-based sources (LBS) of pollution, 22–24, 26, 32, 40n107

land-based sources and activities (LBSA) marine pollution, 24, 26 Mediterranean LBSA Protocol, 31–32 of pollution, 22, 26–27, 29–35, 40n91 protocols, 31–32, 40n91 land use impact of bioenergy, 248 Law of Sustainable Rural Development [Mexico], 62 law of the sea, 188–89, 197n31, 197n36, 198n48 Law of the Sea Convention (LOSC). See United Nations Convention on the Law of the Sea (UNCLOS) LBS. See land-based sources (LBS) LBSA. See land-based sources and activities (LBSA) LDCF. See Least Developed Countries Fund (LDCF) LDCs. See least developed countries (LDCs) least developed countries (LDCs), 20, 24, 33, 155, 158, 167 Least Developed Countries Fund (LDCF), 33 LEEDS® standards for energy efficiency in buildings, 253, 256, 260–61, 267n72 legal framework of bioenergy, 250 less developed countries, 230, 251, 254–55, 263 “The Limits to Growth (Club of Rome), 4, 15n16 London (Dumping) Convention. See Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London [Dumping] Convention) London Protocol. See Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Protocol) LOS Convention. See United Nations Convention on the Law of the Sea (UNCLOS) Madrid Protocol, 187 Major Economies Forum, 158–59 Maldives, Republic of, 21, 25, 36n13, 127 Malé Declaration on the Human Dimension of Global Climate Change, 25, 38n47

INDEX 321 Malmo Ministerial Declaration, 42 malnutrition in Africa, 2 MAP. See Mediterranean Action Plan (MAP) MAP Phase II. See Action Plan for the Protection of the Marine Environment and the Sustainable Development of the Coastal Areas of the Mediterranean (MAP Phase II) mare clausum, 201, 217n9, 223n88 mare liberum, 202 Mare Liberum (Grotius), 201, 214–15, 216n1, 217n6, 217n8, 223n88 marine and coastal biological resources, 91 marine biodiversity conservation and management of, 204–5, 208, 211–13, 216, 220n47 exhaustibility of, 204, 215, 295 management of risks to, 213 protection of high seas, 206–13 seawater temperature affects, 21 sustainable management of, in areas beyond national jurisdiction, 214–15, 222n77 threats to, 204 marine ecosystem, 21–23, 31, 43, 100n33, 183, 193, 204, 209, 211, 221n70 marine environments Arctic, 182–83, 185, 189, 191, 193, 197n33 biodiversity of the, 30 pollution threats to, 20, 55 protected, 55 marine genetic resources of deep seabed, 205–6, 208, 210, 214, 219n46 marine pollution by dumping of wastes, prevention of, 99n25 land-based sources and activities (LBSA), 24, 26 from LBSA, 22, 26–27, 32 prevention and UNCLOS, 26 regional cooperation to combat accidental, 90 from ships, prevention of, 101n46 treaties, Barcelona system of, 12 by vessels in ice-covered waters within the limits of the exclusive economic zone, 197n33 marine pollution by shipping, 204

322 INDEX

marine pollution treaties, Barcelona system of, 12, 79–81, 93, 96, 98n9–10, 98n13, 293 marine protected areas (MPAs) networks, 208–9, 212, 220n51 marine resources, 20, 26, 30–31, 188 marine species, migratory, 85 MARPOL. See Convention on Oil Pollution Preparedness, Response and Co-operation (MARPOL) Mauritius, 29–30 Mauritius Strategy for the Further Implementation of the Barbados Programme of Action for the Sustainable Development of Small Island Developing States, 28–30, 34, 37n34 MCF. See Mediterranean Compensation Fund (MCF) MDG 7 – Ensure Environmental Sustainability, 51 MEA. See Millennium Ecosystem Assessment (MEA) MEAs. See multilateral environmental agreements (MEAs) Measures for the Preservation and Protection of Fur Seals in the North Atlantic Ocean, 200n75 Mediterranean Action Plan (MAP), 80, 82, 99n19 Mediterranean Commission on Sustainable Development, 82 Mediterranean Compensation Fund (MCF), 96 “Mediterranean LBSA Protocol, 31–32 Mediterranean Sea Action Plan for the Protection of the Marine Environment and the Sustainable Development of the Coastal Areas of the Mediterranean (MAP Phase II), 80, 82 anthropic pressure on Mediterranean coastal zones, 91 Areas Protocol, 85–87 Barcelona Convention and its Protocols, 83 Barcelona system of marine pollution treaties, 12, 79–81, 93, 96, 98n9–10, 98n13, 293 biological diversity, conservation of, 86, 91

coastal ecosystems and landscapes, fragility of, 91 Coastal Zone Protocol of 2008, 91–92 Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention), 80–83, 93, 98n13, 99n25, 99n27, 99n32 Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel Convention), 88–89, 100n41, 234–35, 245n41 Convention on the Protection of the Mediterranean Sea against Pollution, 80, 98n11, 99n22 Dumping Protocol, 83 Emergency Protocol, 89–91 Erika tanker accident, 89, 91 Exclusive Economic Zones (EEZs), 20, 85, 97n4, 98n15, 197n33, 202 general obligation at the regional level, 78–79 Global Programme of Action for the Protection of the Marine Environment from Land-based Activities (GPA), 30–31, 39n89, 40n91, 40n97–98, 83, 99n26, 100n100–105 Guidelines for the Determination of Liability and Compensation for Damage resulting from Pollution of the Marine Environment in the Mediterranean Sea Area (the Guidelines), 93–96, 101n57, 101n59–61, 102n62–64, 102n67–74 hydrologic basin of the Mediterranean Sea Area, 82, 84 International Court of Justice, 79 International Maritime Organization (IMO), 90, 99n33, 101n45–46 Land-Based Protocol, 83–85 marine and coastal biological resources, sustainable use of, 91 marine species, migratory, 85 Mediterranean Action Plan (MAP), 80, 82, 99n19 Mediterranean Commission on Sustainable Development, 82 Mediterranean Compensation Fund (MCF), 96 persistent organic pollutants (POPs), 85

INDEX 323

Programme of Action (Agenda 21), 82, 99–100n33 Protocol Concerning Co-operation in Combating Pollution of the Mediterranean Sea by Oil and Other Harmful Substances in Cases of Emergency, 80 Protocol Concerning Cooperation in Preventing Pollution from Ships and, in Cases of Emergency, Combating Pollution of the Mediterranean Sea (Emergency Protocol), 80–81, 89–91, 101n46–47 Protocol Concerning Mediterranean Specially Protected Areas, 81 Protocol Concerning Pollution Resulting from Exploration and Exploitation of the Continental Shelf, the Seabed and its Subsoil (Seabed Protocol), 81–82, 87–88 Protocol Concerning Specially Protected Areas and Biological Diversity in the Mediterranean (Areas Protocol), 81, 85–87, 89, 99–100n33, 99n21, 100n35–39 Protocol for the Prevention and Elimination of Pollution of the Mediterranean Sea by Dumping from Ships and Aircraft or Incineration at Sea (Dumping Protocol), 80, 83, 99n23–25 Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources and Activities (Land-Based Protocol), 81–85, 98n16–17, 99n28–30, 99n32 Protocol on Integrated Coastal Zone Management in the Mediterranean (Coastal Zone Protocol), 81–82, 91–92, 101n49, 101n52–55 Protocol on the Prevention of Pollution of the Mediterranean Sea by Transboundary Movements of Hazardous Wastes and their Disposal (Wastes Protocol), 81, 88–89, 100n40–44 radionuclides, 88, 284 Regional Marine Pollution Emergency Response Centre for the Mediterranean Sea (REMPEC), 90

Rio Conference on Environment and Development (1992), 80, 82 Rio Declaration on Environment and Development, 15n21, 15n28, 69n31, 82, 105, 125n21, 137–38, 199n73 Seabed Protocol, 87–88 Specially Protected Areas of Mediterranean Importance (SPAMI List), 86–87, 97, 100n34, 100n39 United Nations Convention on the Law of the Sea (UNCLOS), 78–79 United Nations Environment Programme (UNEP), 80, 83, 90, 96, 98n13, 99n19 Waste Protocol, 88–89 metagenomic surveys of microbes, 276 methane, 45, 162 Mexico, 62, 158 MFA. See Norwegian Ministry of Foreign Affairs (MFA) microfinancing of small-scale biofuel projects, 255 Middle East countries, 163 migrations, forced, 150, 168–69, 176n61 migrations, mass, 166, 172 Millennium Development Goals (MDGs) biodiversity, 50–52, 71n55, 71n60, 71n63–67, 72n68–69, 76n153 climate change and pollution, 28, 39n83, 103, 124n5, 130 Millennium Ecosystem Assessment (MEA), 44 Minimal Bacterial Genome, 283, 290n27 Ministry of Natural Resource and Tourism [Tanzania], 57 Montreal Protocol on Substances that Deplete the Ozone Layer, 251, 256, 259–60, 265n19 MPAs. See marine protected areas (MPAs) networks multi-gene signal transduction pathways, 276 multilateral environmental agreements (MEAs), 149 NAFO. See Northwest Atlantic Fisheries Organization (NAFO) NAFTA. See North American Free Trade Agreement (NAFTA) Nairobi Work Programme (NWP), 166, 176n55–56

324 INDEX

nanoparticles toxicity, 226 nanotechnology, 13–14 about, 227–29 applications for, 228 Australia, 230, 233–34, 243n3–4, 243n9, 243n12–15, 243n21, 244n33, 245n39, 246n68 Canada, 233, 237, 246n68 China, 230, 237, 246 Convention on Persistent Organic Pollutants (Stockholm Convention), 234–35, 245n43 Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel Convention), 234–35, 245n41 Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Rotterdam Convention), 234–35, 245n42 Dakar Statement on Manufactured Nanomaterials, 238, 245n55 Denmark, 233, 246n68 Department for Environment Food and Rural Affairs [United Kingdom], 246n71 Environmental Defense-DuPont Nano Partnership Nano Risk Framework, 241, 246n72 Environmental Protection Agency (EPA) [US], 233 European Commission, 233–34, 286 Finland, 233, 246n68 Food and Agriculture Organization (FAO), 237 GEO Year Book 2007, 236, 245n44 Germany, 228, 233, 237, 246n68 greenhouse gas (GHG) emissions, 228, 248 hydrogen-based economy, 227 India, 230, 246 Intergovernmental Forum on Chemical Safety, 238, 245n54–55 International Bioethics Committee (IBC), 237 International Conference on Chemicals Management (ICCM), 238–41, 245n58 international debates on, emerging, 234–41

international environmental law regulating hazardous and dangerous substances, 234–35 International Organization for Standardization (ISO), 238–39, 245n62, 246n64–65 Iran, 230, 246n68 ISO/TC 229 Nanotechnologies technical committee, 239–40, 246n65 Japan, 228, 233, 237, 246n68 key concerns, sketch of the, 229–32 legislative instrument in Berkeley, California, 232, 244n30 less developed countries and, 230 nanoparticles, toxicity of manufactured, 226 New Zealand, 233, 237 Norway, 233, 246n68 Organisation for Economic Co-operation and Development (OECD), 228, 238–39, 243n5, 243n20, 244n36, 245n60–61 persistent organic pollutants (POPs), 235 as “platform technology,” 227 regulation of, 231–33 regulatory and policy responses, emerging, 232–34 responding to, 241–42 risk assessment and risk management, 233 risks and benefits of, 236, 243n5, 243n20 risks of, lack of clear scientific data on, 235, 241 risks of, regulatory frameworks for managing, 234, 240–41 risks of, test protocols for assessing, 236 risks of, to humans and the environment, 228–32, 234 Royal Commission on Environmental Pollution [United Kingdom], 229, 243n22, 244n31, 245n40 Royal Society [UK], 231, 286 Russia, 233, 246n68 solar power technology, 227 South Korea, 230, 233, 237, 246n68 Strategic Approach to International Chemicals Management (SAICM), 238, 245n56–57 Sweden, 246n68 Thailand, 230, 233, 246n69 UNEP Year Book 2009, 236, 245n47

United Kingdom, 228, 231, 233, 239, 241, 243n, 246n68 United Nations Educational, Scientific and Cultural Organization (UNESCO), 236–37, 245n48–49 United Nations Environment Programme (UNEP), 236, 245n44–47 United States, 228, 233 Voluntary Reporting Scheme for engineered nanoscale materials, 241, 246n71 Working Party on Nanotechnology [OECD], 239 World Commission on the Ethics of Scientific Knowledge and Technology (COMEST), 237 World Health Organization (WHO), 237–38, 245n53, 245n55 NASCO. See North Atlantic Salmon Conservation Organization (NASCO) national biodiversity strategies and action plans (NBSAPs), 48–49, 53, 65, 72n78 National Forest Policy [Tanzania], 57 National Research Council (NRC) [US], 283 National Science Advisory Board for Biosecurity (NSABB), 283, 290n33 national security concerns, 166 NATO. See North Atlantic Treaty Organization (NATO) natural disasters, 92, 136, 150, 167–69, 176n57, 176n60, 262 natural resources, overexploitation of, 45–46 navigation, safety of, 204 NEAFC. See North-east Atlantic Fisheries Commission (NEAFC) New Zealand Environmental Defenders Office, 122 nanotechnology, 233, 237 ombudsmen or Commissioners for Environment, 119–20 Tuvalu agreement with, 168 New Zealand Resource Management Act, 111 NGOs. See non-governmental organizations (NGOs) Nigeria, 131 nitrous oxides, 45 non-Arctic coastal states, 188 non-discrimination and special measures relating to roles of women, indigenous peoples and local communities, 139

INDEX 325 “non-governmental organizations (NGOs), 10 non-lawyers and legal regimes Aarhus Convention, 105–8, 110, 115–16, 123 about, 103–5 access to environmental information, 107–8, 110, 116–17 Agenda 21 (Programme of Action for Sustainable Development), 103, 106, 124n4 AusAid (in Indonesia), 119 citizen complaints and role of ombudsmen, 119–20 citizen involvement in monitoring, 119 citizen participation in environmental proceedings, 122 Convention on Access to Information, Public Participation in DecisionMaking and Access to Justice in Environmental Matters, 125n19, 125n31 Convention on Biological Diversity (CBD), 103, 124n2 Directive on Access to Justice, 108 ecologically sustainable development (ESD), 103–16, 120, 122–24 enforcement, transboundary and international, 120–21 enforcement and compliance, 113–17 Environmental Defenders Offices, 122–23 environmental enforcement, 116, 119, 121, 126n48 environmental governance, 104–12, 115, 122–24, 124n9–10, 124n12–14 environmental impact assessment (EIA), 110, 113, 119, 123 Environmental Law Alliance Worldwide (ELAW), 121 environmental laws have a transboundary effect, 120 environmentally sustainable development policy and implementation process, periodic review of overall, 114 environmental proceedings, citizen participation in, 122 environmental rights, standing and a cause of action, 117–18 environmental rights and citizen cause of action, 116–18 environmental rights linked to human rights, 106–7, 116–17, 125n24

326 INDEX

non-lawyers and legal regimes (cont.) environmental side-agreement to NAFTA, 120–21 environmental standards, defining, 117 Environment Council, 108 European Community Directives, 120 European Court of Justice (ECJ), 120 European Union Parliament, 108, 120 Gabcikovo-Nagymaros Hydropower Project, 120 human rights regimes, 119 integrated participatory processes based on, 111–14 International Court of Justice (ICJ), 120 International Labour Organization, 119 International Network for Environmental Compliance and Enforcement (INECE), 121 IUCN resource kit for sustainability assessment, 115 judiciary, role and independence of, 118–19 mechanism for public input in environmental enforcement, 119 mediation and negotiation, 120 Millennium Development Goals, 103, 124n5 national and comparative approaches to enforcement and compliance, 116–23 New Zealand Resource Management Act, 111 permit conditions and regulatory standards, access to information on, 117 policy implementation, 113–14 public participation, danger of overrating, 123–24 public participation, innovative approaches to, 121–23 public participation in environmental decisions, 114–15 public participation in governance, 109–24, 125n19, 125n24, 125n33, 125n37, 125n40 public participation: non-lawyers and legal regimes, 108–11 Report of the World Commission on Environment and Development, 6, 15, 69n31, 103, 124n1, 125n24 research: biophysical, social, cultural and economic, 112

right to public participation in environmental governance systems, 107–8, 293 Rio Declaration on Environment and Development, 103, 105–6, 109, 125n21 scoping and, 112–13 strategic impact assessment (SIA), 113 strategic policy direction, legal framework and management objectives, 111–12 sustainable development, principles of, 105–8 toxic release information, 117 UN Framework Convention on Climate Change, 103, 124n3, 126n41 United Nations Environment Programme (UNEP), 118–19 World Conservation Union (IUCN) Commission on Environmental Law, 118 World Summit on Sustainable Development (WSSD), 104, 124n6–124n7 North American Free Trade Agreement (NAFTA), 120–21 North Atlantic Salmon Conservation Organization (NASCO), 193, 200n77–78 North Atlantic Treaty Organization (NATO), 170 North-east Atlantic Fisheries Commission (NEAFC), 218n31 North Pacific Anadromous Fish Commission (NPAFC), 218n31 North Pacific Marine Science Organization (PICES), 213 Northwest Atlantic Fisheries Organization (NAFO), 218n31 Norway Arctic Council chair state, 182 Arctic Ocean, 180–82, 193, 196n22, 197n35, 198n42 Arctic Ocean state, 180, 198n42 Bali UN Climate Change Conference (2007), 262 disputes over delimitation of maritime borders, 197 forest protection fund to promote the REDD programme, 262–63, 267n82, 268n83 nanotechnology, 233, 246n68

Norwegian Ministry of Foreign Affairs (MFA), 262–63 NPAFC. See North Pacific Anadromous Fish Commission (NPAFC) NRC. See National Research Council (NRC) [US] NSABB. See National Science Advisory Board for Biosecurity (NSABB) nuclear energy as climate change strategy, 164 Nuclear Non-Proliferation Treaty (NPT), 164 nuclear weapons, 138 NWP. See Nairobi Work Programme (NWP) Obama, President Barack, 153, 157–58 ocean acidification, 21, 45, 163, 181, 204 fertilization projects, large-scale, 204, 212, 222n73–74 governance, global system of fiduciary, 215 policies, development of, 30 pollution damage, 23, 26, 37n22 warming and thermal expansion rates, 21 OECD. See Organisation for Economic Co-operation and Development (OECD) Office of the UN High Commissioner for Human Rights (UNHCHR). See also United Nations Commission on Human Rights climate change and pollution, 25 climate change law, 170, 177n78 human rights and the environment, 136–37, 143n1, 144n3, 144n15–16, 145n33, 145n35–36, 146n39, 146n41 offset transactions, regulated biodiversity, 60 oligonucleotides (short pieces of DNA), 272–73, 278–79, 289n2, 289n6 open-access databases, 288 Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, 129, 144n12 Organisation for Economic Co-operation and Development (OECD) nanotechnology, 228, 238–39, 243n5, 243n20, 244n36, 245n60–61

INDEX 327 OSPAR Convention. See Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention) Oxfam International, 50, 71n57, 167, 176n60 Pacific Fur Seal Arbitration, 3–4, 15n11 Palm Oil, Timber & Carbon Offsets (POTICO) programme, 262, 267n75 PAME. See Protection of the Arctic Marine Environment (PAME) Papua New Guinea, 168 paralytic shellfish poisoning (PSP), 23 Payments for Environmental Services programme [Costa Rica], 62 PEFC. See Programme for the Endorsement of Certification (PEFC) persistent organic pollutants (POPs), 85, 235 Petrobras, 257, 265n51 PICES. See North Pacific Marine Science Organization (PICES) piracy, prohibitions on, 201, 203 Plan of Implementation of the World Summit on Sustainable Development, 28, 137 plantations for bioenergy, 249 poaching, 56, 58, 65 Polar Bear Agreement, 196 Polar Code (Guidelines for Ships Operating in Ice-covered Waters) [IMO], 183 policy implementation, 113–14 poliovirus construction, 272, 278, 281, 289n2, 289n5, 290n20 “polluter pays” principle, 6, 29, 60 pollution, 22–27, 29, 32, 35, 1920 prevention, 9, 27 polychlorinated biphenyls (PCBs), 23 poor biodiversity loss poses a disproportionate threat to the livelihoods of, 50 vulnerability of forest and fisheries dependent, 50 vulnerability to impacts of climate change on crops and livestock of, 50 POPs. See persistent organic pollutants (POPs) population growth, 4, 45 movements due to global warming and rising sea levels, 127

328 INDEX

“post-2012” climate change regime, 149–50 POTICO. See Palm Oil, Timber & Carbon Offsets (POTICO) programme poverty, 23, 33–34, 51, 169, 171 precautionary approach, 193–94, 200n77 Programme for the Endorsement of Certification (PEFC), 256, 266n47 Programme for the Further Implementation of Agenda 21, 137 Programme of Action for Sustainable Development (Agenda 21) biodiversity, 69n31 climate change and pollution, 5–6, 29–30, 39n90, 40n92 Mediterranean Sea, 82, 99–100n33 non-lawyers and legal regimes, 103, 106, 124n4 Programme of Action for the Sustainable Development of Small Island Developing States, 24, 28, 30, 36n2, 39n82, 39n85, 40n95, 41n124 Project on Emerging Nanotechnologies [US], 228 Protection of the Arctic Marine Environment (PAME), 181–83, 196n14, 196n26 Protection of the Arctic Marine Environment Working Group, 189, 196n14, 199n59 Protocol Concerning Co-operation in Combating Pollution of the Mediterranean Sea by Oil and Other Harmful Substances in Cases of Emergency, 80 Protocol Concerning Cooperation in Preventing Pollution from Ships and, in Cases of Emergency, Combating Pollution of the Mediterranean Sea (Emergency Protocol), 80–81, 89–91, 101n46–47 Protocol Concerning Mediterranean Specially Protected Areas, 81 Protocol Concerning Pollution Resulting from Exploration and Exploitation of the Continental Shelf, the Seabed and its Subsoil (Seabed Protocol), 81–82, 87–88 Protocol Concerning Specially Protected Areas and Biological Diversity in the Mediterranean (Areas Protocol), 81, 85–87, 89, 99–100n33, 99n21, 100n35–39

Protocol for the Prevention and Elimination of Pollution of the Mediterranean Sea by Dumping from Ships and Aircraft or Incineration at Sea (Dumping Protocol), 80, 83, 99n23–25 Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources and Activities (Land-Based Protocol), 81–85, 98n16–17, 99n28–30, 99n32 Protocol on Environmental Protection to the Antarctic Treaty, 220n58 Protocol on Integrated Coastal Zone Management in the Mediterranean (Coastal Zone Protocol), 81–82, 91–92, 101n49, 101n52–55 Protocol on the Prevention of Pollution of the Mediterranean Sea by Transboundary Movements of Hazardous Wastes and their Disposal (Wastes Protocol), 81, 88–89, 100n40–44 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Protocol), 99n25, 209, 218n28, 220n54 “provider–gets” principle, 60 Provisional Regulation (Medida Provisoria) [Brazil], 61 PSP. See paralytic shellfish poisoning (PSP) public participation danger of overrating, 123–24 in environmental decisions, evaluation of, 114–15 in environmental governance systems, 107–8, 293 in governance, 109–24, 125n19, 125n24, 125n33, 125n37, 125n40 innovative approaches to, 121–23 non-lawyers and legal regimes, 108–11 transparency and, 249–50 RAC. See Rainforest Alliance Certification (RAC) seal radionuclides, 88, 284 Rainforest Alliance Certification (RAC) seal, 253, 265n23 rapidly developing economies (RDEs), 150, 158–59

Rathenau Institute [Europe], 286, 291n41 R&D. See research and development (R&D) RDEs. See rapidly developing economies (RDEs) recombinant DNA, 269–70, 273, 277–78 REDD-plus, 160–61 Reducing Emissions from Deforestation and Forest Degradation (REDD) bioenergy, 262–63, 267n77–78, 267n80–81 climate change law, 160–61 Norway’s promotion of, 262–63, 267n82, 268n83 United Nations Forestry Forum on REDD, 263, 268n85 refugee protection framework, 169 regional fisheries management organizations (RFMOs), 205, 207–9, 211–12, 218n31, 221n70, 223n85 Regional Marine Pollution Emergency Response Centre for the Mediterranean Sea (REMPEC), 90 regional oceans management organizations (ROMOs), 210, 213 REMPEC. See Regional Marine Pollution Emergency Response Centre for the Mediterranean Sea (REMPEC) Report of the World Commission on Environment and Development, 6, 15, 69n31, 103, 124n1, 125n24 research and development (R&D), 162, 249 resources in Arctic hydrocarbon and mineral, 191 oil and gas, minerals and fisheries, 179 “Revised Negotiating Text” (RNT), 154 RFMOs. See regional fisheries management organizations (RFMOs) right to development, 5, 8, 38n48, 132, 171, 178n83 Rio Conference on Environment and Development (1992), 80, 82 Rio Declaration on Environment and Development about, 5–6, 15n21, 15n28, 69n31, 103, 105–6 legal regimes, 103, 105–6, 109, 125n21, 137–38, 141 Mediterranean Sea, 15n21, 15n28, 69n31, 82, 105, 125n21, 137–38, 199n73 Principle 10, 105–6 Principle 15 of the, 192, 199n73

INDEX 329 RNT. See “Revised Negotiating Text” (RNT) ROMOs. See regional oceans management organizations (ROMOs) Rotterdam Convention. See Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Rotterdam Convention) Roundtable on Sustainable Biofuels (RSB), 250–51, 265n16 Rovaniemi Declaration, 181 Royal Commission on Environmental Pollution [United Kingdom], 229, 243n22, 244n31, 245n40 Royal Society of the United Kingdom, 231, 286, 291n43 RSB. See Roundtable on Sustainable Biofuels (RSB) Russia Arctic Council chair state, 182, 196n17 Arctic governance, 188 Arctic Ocean, 180, 182, 184, 188, 196n17, 197n35, 198n42, 200n75 Arctic Ocean state, 180, 198n42 Arctic territory, claim of jurisdiction over, 170 climate change, 157, 163, 170 climate change and pollution, 39n83 disputes over delimitation of maritime borders, 197 flag planting underneath the North Pole, 184 GHG emitter, major, 157 human rights and the environment, 145n27 Millennium Goals, 39n83 nanotechnology, 233, 246n68 natural gas-rich country, 163 safe drinking water and sanitation, 130 SAICM. See Strategic Approach to International Chemicals Management (SAICM) SAO. See senior Arctic officials (SAO) SARS. See severe acute respiratory syndrome virus (SARS) SB 1.0. See International Meeting on Synthetic Biology (SB 1.0) sea bed, Arctic Ocean, 179

330 INDEX

Seabed Protocol. See Protocol Concerning Pollution Resulting from Exploration and Exploitation of the Continental Shelf, the Seabed and its Subsoil (Seabed Protocol) sea ice, Arctic summer, 179 sea level rise from global warming, 20–22, 24, 34–35, 36n6, 36n8, 45, 127 seawater temperature, 21 “Securing a sustainable future for the oceans beyond national jurisdiction: The legal basis for an integrated crosssectoral regime for high seas governance for the 21st century” (Rayfuse), 220n52 senior Arctic officials (SAO), 181, 185, 189, 198n41–42, 199n54 severe acute respiratory syndrome virus (SARS), 275–76, 289n10 sewage treatment plants, 32 Seychelles, 21 SFI. See Sustainable Forestry Initiative (SFI) SIA. See strategic impact assessment (SIA) SIDS. See small island developing states (SIDS) slaves transportation, 203 small island communities and sea level rise, 2, 22 small island developing states (SIDS) about, 19–25, 28–30, 32–35, 36n2, 36n5, 37n34, 37n40–41 climate change and pollution, 19–25, 28–30, 32–35, 36n2, 36n5, 37n34, 37n40–41 environmental challenges, 292 Exclusive Economic Zones (EEZs), 20, 23, 97n4 pollution control mechanisms, 23 Small Island States Conference on the Human Dimension of Global Climate Change, 25 The Social and Economic Rights Action Center and the Center for Economic and Social Rights v Nigeria, 131 soil impact of bioenergy, 248 solar power technology, 227 South Africa, 158 South Korea, 230, 233, 237, 246n68 South Luangwa Area Management Unit (SLAMU) [Zambia], 58

South Pacific Regional Environment Programme, 21 sovereign rights and jurisdiction of its coastal states, 184 Specially Protected Areas of Mediterranean Importance (SPAMI List), 86–87, 97, 100n34, 100n39 species ecosystems and, climate change impact on, 45 extinction rate, 1–2, 44 populations and, protection of threatened, 27 Stockholm Conference, 5 Stockholm Convention. See Convention on Persistent Organic Pollutants (Stockholm Convention) Stockholm Declaration. See Declaration of the UN Conference on the Human Environment (Stockholm Declaration) storm surges, 2, 22 Strategic Approach to International Chemicals Management (SAICM), 238, 245n56–57 strategic environmental assessment (SEA) [Zambia], 66 strategic impact assessment (SIA), 113 Strategic Plan of the Convention on Biological Diversity, 28 strategic policy direction, legal framework and management objectives, 111–12 Subsidiary Body on Scientific, Technical, and Technological Advice, 287, 291n49 subsidies for production of biofuels, 252 sustainability of bioenergy, 250 sustainable development principles, 105–8 Sustainable Development Working Group (SDWG), 182, 189, 196, 196n15 Sustainable Forestry Initiative (SFI), 256, 266n45–48 Sweden Arctic Council, 181, 185, 196n22, 198n42, 199n55, 200n82 First Global Ministerial Environment Forum, 67n1 nanotechnology, 246n68 synthesized microorganisms, 279 synthetic biology and synthetic genomics about, 269–71 access and distribution, unfair, 282

INDEX 331

Ad Hoc Working Group on Access and Benefit Sharing, 287, 291n48 alternative fuels, 274 antibiotics, 274–75 antimalarial drug (artemisinin), 274–75, 281–82, 289n8, 290n23 Asilomar Conference on Recombinant DNA, 277 bacterial virus phiX174, 272, 278, 289n6 bacterium, 271–72, 285, 289n2 benefits of, 273–77 bio-based manufacturing, 276 BioBricks™ non-profit organization, 280 Biological and Environmental Research Advisory Committee, 284, 291n34 biological engineering, 269 Biological Research Council [United Kingdom], 286, 291n44 biological weapons of mass destruction (WMD), 287 biosafety, 273, 277, 279, 281, 283, 286, 288 biosafety and biosecurity, 270, 273, 277–81, 283, 286, 288 Biotechnology Research in an Age of Bioterrorism, 283, 290n32 biotechnology to manufacture raw materials, 276 bioterrorism, 277, 283, 285–86, 290n31–32 BlackWatch from Craic Computing, 284, 291n37 carbon-neutral energy sources, 274 consolidated bioprocessing (CBP) of biomass, 274 Convention on Biological Diversity (CBD), 287, 291n48 DNA synthesis machines, automated, 272, 277–78, 284, 291n35 ethical, legal, and social implications (ELSI), 281 European Group on Ethics in Science and New Technologies (EGE), 286, 291n42 European Patent Office, 287 gene plus a vector synthesis, 272 genetically modified organisms, 232, 279–80, 283, 288, 291n50 genetically modified plants and animals, 232, 270, 279–80, 283, 288, 291n50 genome sequences and testing of vaccine strains, 275–76 governance of risks and benefits, 283–86

intellectual property rights, 282, 287, 291n51 International Association: Synthetic Biology (IASB), 284, 291n36 International Consortium for Polynucleotide Synthesis (ICPS), 284, 291n35 International Genetically Engineered Machine (iGEM) competition, 280, 290n18 international law, oversight and regulation, 287–88 International Meeting on Synthetic Biology (SB 1.0), 284 legitimate researchers, 279–80 life, creating, 281 malicious intent, 277–79 metabolic pathways, engineering specific, 276 metagenomic surveys of microbes, 276 Minimal Bacterial Genome, 283, 290n27 molecular biology research, 277 multi-gene signal transduction pathways, 276 National Research Council (NRC) [US], 283 National Science Advisory Board for Biosecurity (NSABB), 283, 290n33 new diagnostics and rapid vaccine development, 275–76 new drugs, 274–75 oligonucleotides (short pieces of DNA), 272–73, 278–79, 289n2, 289n6 open-access databases, 288 ownership, 282–83 poliovirus construction, 272, 278, 281, 289n2, 289n5, 290n20 Rathenau Institute [Europe], 286, 291n41 recombinant DNA, 269–70, 273, 277–78 risks of, 277–78 Royal Society of the United Kingdom, 286, 291n43 science and engineering of, 271–73 severe acute respiratory syndrome virus (SARS), 275–76, 289n10 societal risks, other, 281–83 students and amateurs, 280–81 Subsidiary Body on Scientific, Technical, and Technological Advice, 287, 291n49 synthesized microbes into environment, release of, 279

332 INDEX

synthetic biology and synthetic genomics (cont.) synthesized microorganisms, unplanned release of, 279 synthetic biology, 269–77, 280–89, 290n24, 291n36, 291n41, 291n43–44, 291n47, 291n50 synthetic genomics, 269–71, 273, 275–79, 283, 285–88, 290n17, 290n33, 291n50, 294 United States Patent and Trademark Office, 282, 290n25, 290n27, 290n30 US Department of Agriculture, 280 US Department of Energy (DoE), 283–84, 291n34 US Environmental Protection Agency (EPA), 280 US Food and Drug Administration, 280 US Patent Office, 287 viral genome, synthesize, 278 viral genomes, 271, 275, 289n2 viruses, constructing pathogenic, 278 World Intellectual Property Organization, 287n synthetic genomics, 269–71, 273, 275–79, 283, 285–88, 290n17, 290n33, 291n50, 294 Tanzania, 56–58, 262–63 Tanzania Wildlife Protection Fund, 57 temperature of surface of the Earth, average, 45 terrestrial environments, 55 Thailand, 230, 233, 246n69 Threatened Species Conservation Amendment (Biodiversity Banking) Act 2006 [Australia], 61, 74n125, 76n144 tipping points leading to irreversible changes in major Earth systems and ecosystems, 21 toxic release information, 117 Trail Smelter Arbitration, 4, 15n14 transnational corporations, 10, 130, 136 transportation sources of carbon dioxide and GHG emissions, 165 tropical cyclones, 22 Tuvalu, 21, 36n9, 41n123, 168, 176–77n62 2010 Biodiversity Target, 28, 39n76 200 nautical miles limit, 85, 202–3 Uganda, 61, 74n127 Uganda Wildlife Authority, 61 UK. See United Kingdom (UK) UN. See United Nations (UN)

UNCED. See United Nations Conference on Environment and Development (UNCED) UNCHE. See United Nations Conference on the Human Environment (UNCHE) UNCLOS. See United Nations Convention on the Law of the Sea (UNCLOS) UN Conference on Environment and Development (UNCED) [Rio de Janeiro], 29 UN Department of Economic and Social Affairs (UN-ECOSOC), 24, 135, 264n1, 264n5, 264n12 UN-ECOSOC. See UN Department of Economic and Social Affairs (UN-ECOSOC) UNEP. See United Nations Environment Programme (UNEP) UNEP SEFI. See Environmental Due Diligence of Renewable Energy Projects Guidelines for Biomass Systems based on Energy Crops (UNEP SEFI) UNESCO. See United Nations Educational, Scientific and Cultural Organization (UNESCO) UNFCCC. See United Nations Framework Convention on Climate Change (UNFCCC) UNHCHR. See Office of the UN High Commissioner for Human Rights (UNHCHR) UNICPOLOS. See United Nations Informal Consultative Process on Oceans and the Law of the Sea (UNICPOLOS) United Kingdom (UK) biodiversity conservation, 62 Department for Environment Food and Rural Affairs, 246n71 eco-service payment schemes, 62 nanotechnology, 228, 231, 233, 239, 241, 243n, 246n68 Royal Commission on Environmental Pollution, 229, 233, 243n22, 244n31, 245n40 Royal Society, 286, 291n43 Voluntary Reporting Scheme for engineered nanoscale materials, 241, 246n71 United Nations (UN). See also Food and Agriculture Organization (FAO)

Agreement for the Implementation of the Provisions of the United Nations Con­ vention on the Law of the Sea, 199n74 Charter, 137 Convention on Biological Diversity, 6, 16n30 Convention on the Rights of the Child, 129 Declaration on the Rights of Indigenous Peoples, 133–34 Declaration on the Right to Development, 132, 178n83 Economic Commission for Europe (ECE), 139 Fish Stocks Agreement (FSA), 194, 197n31, 199n74, 206, 208, 212, 218n16, 223n85 Forestry Forum on REDD, 263, 268n85 Global Compact, 131 Millennium Declaration, 50, 124n5 Millennium Ecosystem Assessment (MEA), 44 Millennium Summit, 50 Secretary-General, 20, 99n25 Universal Declaration of Human Rights, 137, 170, 177n76 United Nations Climate Change Conference in Bali (2007) about, 154, 262, 267n81 Bali Action Plan, 137, 154–55, 166, 174n20, 174n36, 262 United Nations Climate Change Conference in Copenhagen (2009), 137, 139, 174n34, 252 United Nations Commission on Human Rights. See also Office of the UN High Commissioner for Human Rights (UNHCHR) human rights and the environment, 130, 132, 142 Resolution 1995/81, 130 United Nations Conference on Environment and Development (UNCED) Agenda 21, 5–6 Forest Principles, 6, 15n29 Rio Declaration on Environment and Development, 5–6, 15n21, 15n28, 69n31, 103, 105–6, 109, 125n21, 137–38, 141, 192, 199n73 in Rio de Janeiro (the Earth Summit), 5–6

INDEX 333 UN Convention on Biological Diversity, 6, 16n30 United Nations Conference on the Human Environment (UNCHE) about, 4, 15n18–19, 15n23–24 Stockholm Declaration, 5, 69n31, 138, 146n45 United Nations Convention on the Law of the Sea (UNCLOS) Agreement for the Implementation of the Provisions of, 199n74 Arctic Ocean, 179, 183–84, 189, 193, 197n31–32, 197n34, 199n74 Article 1, 26 Article 207, 26 Article 211, 90 Article 217, 218 and 220, 90 biodiversity, 46, 70n35, 78 climate change and pollution, 25–27 Grotian legacy and sustainable biodiversity, 202, 217–18n14, 217n13, 218n15–218n16, 219n34, 219n46, 221n67–221n68, 222n79 Mediterranean Sea, 78–79 Part XI Implementing Agreement, 206, 218n15 United Nations Development Programme (UNDP) biodiversity, 53, 71n56, 71n64, 72n82, 76n153 United Nations Educational, Scientific and Cultural Organization (UNESCO), 236–37, 245n48–49 Convention Concerning the Protection of the World Cultural and Natural Heritage (World Heritage Convention), 46, 130–31 United Nations Environment Programme (UNEP). See also Global Programme of Action for the Protection of the Marine Environment from Land-based Activities (GPA) bioenergy, 255 climate change and pollution, 1, 21, 30, 36n5, 37n33, 37n36, 39–40n91, 39n84, 39n89, 40n97, 40n100–111 GPA Coordination Office, 30 Mediterranean Sea, 80, 83, 90, 96, 98n13, 99n19 nanotechnology, 236, 245n44–47 non-lawyers and legal regimes, 118–19 UNEP Year Book 2009, 236, 245n47

334 INDEX

United Nations Framework Convention on Climate Change (UNFCCC) about, 6, 16n31 Article 4.1 of, 160 biodiversity, 52 climate change and pollution, 24, 33, 41n116 climate change law, 149–52, 154, 156, 158, 160–61, 163, 166, 169, 172n1, 173n2–10, 174n20, 174n26 human rights and environment, 137 non-lawyers and legal regimes, 103, 124n3, 126n41 United Nations General Assembly (UNGA) Declaration of the Principles of High Seas Governance, 213 Resolution 27/49, 206, 211 Resolution 41/128, 132 Resolution 45/94 of 14, 138 Resolution 60/1, 146n40 Resolution 61/105, 211 Resolution 63/117, 144n12 Resolution 1831 (XVII), 4–5, 15n17 United Nations Human Rights Council climate change and pollution, 21 climate change law, 170–71, 178n79 human rights and the environment, 127, 130, 134, 136, 143 United Nations Informal Consultative Process on Oceans and the Law of the Sea (UNICPOLOS), 205, 211, 219n42, 219n44, 219n46, 219n50, 220n59 United Nations Millennium Summit Millennium Declaration, 50, 124n5 Millennium Development Goals (MDGs), 50–52, 71n55, 71n60, 71n63–67, 72n68–69, 76n153, 103, 130 United Nations Security Council (UNSC), 170 United States (US) Arctic Council chair state, 182 Arctic Ocean, 180, 182–84, 188, 194, 197n35, 198n42, 200n75, 200n84 Arctic territory, claiming jurisdiction over, 170 banking, conservation or biodiversity, 60 biodiversity conservation, 62 “cap-and-trade” bill, 158 cap-and-trade system, international offsets as part of, 156

carbon dioxide emissions, reduction of, 159–60 citizen initiative to save New York’s Hudson River, 119 Department of Agriculture, 280 Department of Energy, 260 Department of Energy (DoE), 283–84, 291n34 disputes over delimitation of maritime borders, 197 eco-service payment schemes, 62 emission reduction levels, 153–54 Environmental Protection Agency (EPA), 233, 280 Federal Clean Water Act 1972, 60–61 Food and Drug Administration, 280 GHG emissions, 261 Green Building Council, 260–61 Inter-American Commission on Human Rights, 38n46, 171–72, 178n86 Kivalina, Alaska will need to evacuate homes, 168 Kyoto Protocol, only industrial country not ratifying, 157 nanotechnology, 228, 233 National Research Council (NRC), 283 offset transactions, regulated biodiversity, 60 Patent and Trademark Office, 282, 290n25, 290n27, 290n30 Patent Office, 287 Project on Emerging Nanotechnologies, 228 strategic impact assessment (SIA), 113 toxic release information in pollutant register system, 117 US Emergency Planning and Community Right-to-know Act (EPCRA), 117 Waxman-Markey bill on GHG emission levels below 2005 levels, 158 United States Department of Energy, 164 United States National Academy of Sciences, 162 UN Office of the High Representative for the Least Developed Countries, Landlocked Developing Countries and the Small Island Developing States (UN-OHRLLS), 24, 37n41 UN Permanent Forum on Indigenous Issues, 135

INDEX 335

UN’s Millennium Development Goals Report (2008), 51, 71n63 UN’s Millennium Development Goals Report (2009), 39n83 UN Special Rapporteur on Toxic Waste, 130 Urban and Regional Planning Act, 66 US. See United States (US) US National Research Council (NRC), 283 VCS. See Voluntary Carbon Standard (VCS) Program VerHage, Peter, 229, 243n19 Vienna Declaration and Programme of Action, 137 viral genomes, 271, 275, 278, 289n2 viruses, constructing pathogenic, 278 Voluntary Carbon Standard (VCS) Program, 252, 265n22 Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security, 131 Voluntary Reporting Scheme for engineered nanoscale materials, 241, 246n71 Wastes Protocol. See Protocol on the Prevention of Pollution of the Mediterranean Sea by Transboundary Movements of Hazardous Wastes and their Disposal (Wastes Protocol) water impact of bioenergy, 248 water resources, 65, 73n111, 169, 171, 251 WB. See World Bank (WB) WB/WWF Biofuels Environmental Scorecard, 255, 266n41 WCPFC. See Western and Central Pacific Fisheries Commission (WCPFC) Western and Central Pacific Fisheries Commission (WCPFC), 218n31 wetlands, loss of, 45–46, 56, 60, 69n19, 85, 92, 171 whaling, 70n33, 197n30, 215 WHO. See World Health Organization (WHO)

wildfire, 45, 167, 176n58 Wildlife Conservation Regulations [Tanzania], 57 Wildlife Management Areas (WMAs), 57 Wildlife Policy [Tanzania], 57 WMD. See biological weapons of mass destruction (WMD) Working Party on Nanotechnology [OECD], 239 World Bank (WB), 53, 121, 151, 255 World Commission on Environment and Development about, 6, 15n26, 69n31, 103 Brundtland Report, 6, 103, 124n1, 125n24 World Commission on the Ethics of Scientific Knowledge and Technology (COMEST), 237 World Conference on Human Rights (1993), 135 World Conference on Sustainable Development, 30 World Conservation Union (IUCN) Commission on Environmental Law, 118 world food crisis, 136 World Health Organization (WHO), 237–38, 245n53, 245n55 World Intellectual Property Organization, 287n World Summit on Sustainable Development (WSSD) Ecosystem Approach (EA), 220n51 Grotian legacy and sustainable biodiversity, 208, 220n51 human rights and the environment, 5, 137, 212, 220n51, 238 non-lawyers and legal regimes, 104, 124n6–124n7 Plan of Implementation of the, 28 World Summit Outcome (2005), 135, 137 World Wildlife Fund (WWF), 255 WSSD. See World Summit on Sustainable Development (WSSD) Zambia, 58, 65–67