Improving Compliance
with
International Environmental Law
The International Law and Sustainable Development Series
Improving Compliance is the fourth volume in this series, established by the Foundation for International Environmental Law and Development (FIELD) and Earthscan in 1993. The series aims to address and define the major legal issues associated with sustainable development, and to contribute to the progressive development of international law.
Other titles in the series are:
Greening International Law
Edited by Philippe Sands
Environmental problems do not respect national boundaries; they affect the entire globe, and dealing with them is a matter for international political law and institutions. This volume assesses how far the international community has adapted to address these concerns, and examines the fundamental changes needed to the structure and organization of the legal system and its institutions. 15.95 288pp ISBN 1 85383 151 4
Interpreting the Precautionary Principle
Edited by James Cameron and Timothy ORiordan
Leading experts analyse the fundamental concept and implications of the Precautionary Principle, on which environmental legislation and international conventions increasingly rely.
15.95 320pp ISBN 1 85383 200 6
Property Rights in the Defence of Nature
Elizabeth Brubaker
This volume draws on case studies in England, Canada and the US to show how the law of property has been a force for environmental protection, and argues that by strengthening property rights once more, individuals and communities would regain the power to prevent harmful activity.
12.95 192pp ISBN 1 85383 278 2
Forthcoming
Greening International Institutions
Edited by Jacob Werksman
Published to coincide with the 50th anniversary of the United Nations, this volume accesses how far and how successfully intergovernmental organizations have responded to the challenge of environmentally sustainable development. Organizations under the microscope include the UN, GATT, the EU, the IMF and the World Bank, along with many others.
19.95 288pp ISBN 1 85383 244 8
Improving Compliance
with
International Environmental Law
JAMES CAMERON JACOB WERKSMAN
&
PETER RODERICK
First published by Earthscan in the UK and USA in 1996
For a full list of publications please contact:
Earthscan
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Simultaneously published in the USA and Canada by Earthscan
711 Third Avenue, New York, NY 10017
Earthscan is an imprint of the Taylor & Francis Group, an informa business
Copyright Foundation for International Environmental Law and Development, 1996
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
A catalogue record for this book is available from the British Library
ISBN: 978-1-85383-261-1 (pbk)
Typeset by JS Typesetting, Wellingborough, Northants.
CONTENTS
Ronald B Mitchell
James Cameron
Philippe Sands
Jacob Werksman
Gregory Rose and George Paleokrassis
Martin Hession
Farhana Yamin and Annabella Gualdoni
Wang Xinxia
Chowdhury R Abrar
Leesteffy Jenkins
Farhana Yamin
Andrew Jordan and Jacob Werksman
James Cameron and Zen Makuch
The editors and authors at FIELD would like to thank the FIELD programme assistants, and the many students and interns who contributed their time and energy to every stage in the preparation of this volume and the work related to the ESRC project. Marion Bloom and Louise Rands, FIELD programme assistants, and Frances Connelly, our then Administrator, were crucial in supporting the project in its early stages, and Maria Adebowale provided invaluable assistance in the completion of this volume for publication. Alexandra Keutsch, Melinda Baas, Banni Pootschi, and Ellen-Sophie Lokholm interns at FIELD during this period contributed their time, energy, and in Alexandras case, research and editorial skills.
Clearly, none of this work would have been possible without the support of FIELDS funders. The project was undertaken with financial, intellectual and administrative support from the United Kingdoms Economic and Social Research Council (ESRC) through their programme on Global Environmental Change, and was bolstered by funding for FIELDS related projects and programmes in Climate Change and Energy, Trade and Sustainable Development, and the International Law of Sustainable Development, generously provided by; the Ford Foundation, the W Alton Jones Foundation, the Rockefeller Brothers Fund, the John Merck Foundation, the Conservation, Food & Health Foundation, and the German Marshall Fund.
Thanks must also go to Blackwell publishers, for their kind permission to reprint contributions from the Review of European Community and International Environmental Law (RECIEL).
Finally, FIELD gratefully acknowledges the members of the Climate Change Secretariat, and the diplomats, policymakers, academics and civil servants who participated in the FIELD/ESRC Seminar on Improving Compliance, who contributed their invaluable time and expertise in making this publication possible.
LIST OF CONTRIBUTORS
Chowdhury R Abrar is a Professor in the Department of International Relations at Dhaka University, Dhaka. He holds an MA from Sussex University and a PhD from Griffith.
James Cameron is a practising barrister and Director of the Foundation for International Environmental Law and Development (FIELD) at the School of Oriental and African Studies (SOAS), University of London, and is Visiting Professor at the College of Europe in Bruges.
Annabella Gualdoni is a JD Candidate, Boston College, and was a research assistant with FIELD.
Martin Hession is a Research Scientist at the Environmental Change Unit, Oxford University.
Leesteffy Jenkins is an Attorney in Washington, DC, specializing in international environmental law. She is counsel to various animal welfare conservation groups specializing in wildlife issues.
Andrew Jordan is a Research Associate at the ESRC-funded Centre for Social and Economic Research on the Global Environment (CSERGE), located jointly at the University of East Anglia and University College London, where he specializes in the politics of global environmental protection.
Alexandra Keutsch is a trainee solicitor with the firm Cameron Markby Hewitt and was a research assistant with FIELD.
Zen Makuch is a Canadian barrister. He holds a BA (York), MSc (LSE), LLB (Osgoode Hall), LLM (London) and is a member of the Law Society of Upper Canada. He is a member of the board of advisers to the European Institute of Public Law and lectures in environmental and international trade law at both the Universities of Hull and London.
Ronald B Mitchell is an Assistant Professor in the Department of Political Science at the University of Oregon. He holds a PhD in Public Policy from Harvard University.
