The Future of International Environmental Law

The future of international environmental law

The future of international environmental lawEdited by David Leary and Balakrishna Pisupati

© United Nations University, 2010

The views expressed in this publication are those of the authors and do not nec-essarily reflect the views of the United Nations University.

United Nations University PressUnited Nations University, 53-70, Jingumae 5-chome,Shibuya-ku, Tokyo 150-8925, JapanTel: +81-3-5467-1212 Fax: +81-3-3406-7345E-mail: [email protected] general enquiries: [email protected]://www.unu.edu

United Nations University Office at the United Nations, New York2 United Nations Plaza, Room DC2-2062, New York, NY 10017, USATel: +1-212-963-6387 Fax: +1-212-371-9454E-mail: [email protected]

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 2010344.04'6—dc22 2010025234

Contents

Contributors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii

Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . x

1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1David Leary and Balakrishna Pisupati

Part I: The experience to date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

2 Climate change and pollution: Addressing intersecting threats to oceans, coasts and small island developing states . . . . . . . . . . . . . 19

Ann Powers

3 Biodiversity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42Susan Shearing

4 Implementation of environmental legal regimes at regional level: The case of the Mediterranean Sea . . . . . . . . . . . . . . . . . . . 78

Tullio Scovazzi

5 Non-lawyers and legal regimes: Public participation for ecologically sustainable development . . . . . . . . . . . . . . . . . . . . . . 103

Donna Craig and Michael Jeffery

vi CONTENTS

6 Human rights and the environment . . . . . . . . . . . . . . . . . . . . . . . . 127Gudmundur Alfredsson

Part II: International legal regimes in transition . . . . . . . . . . . . . . . . 147

7 Development and the future of climate change law . . . . . . . . . . 149Michael B. Gerrard and Dionysia-Theodora Avgerinopoulou

8 A new ocean to govern: Drawing on lessons from marine management to govern the emerging Arctic Ocean . . . . . . . . . . 179

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. . . . . . . . . . . . . . . . . . . . . . . . . 201

Rosemary Rayfuse

Part III: New emerging issues for international environmental law 225

10 Emerging technologies: Nanotechnology. . . . . . . . . . . . . . . . . . . . 227David Leary and Balakrishna Pisupati

11 Legal frameworks for emerging technologies: Bioenergy . . . . . . 247Richard L. Ottinger and Victor M. Tafur

12 Synthetic biology and synthetic genomics . . . . . . . . . . . . . . . . . . . 269Michele S. Garfinkel and Robert M. Friedman

13 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292David Leary and Balakrishna Pisupati

Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296

vii

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).

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.

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.

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.

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.

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.

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

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.

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.

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.

x

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 environ-mental law should respond to a range of new and emerging issues. Simply put, there has been little debate on the future of international environ-mental law, what emerging issues it may need to tackle, and the relation-ship 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 interna-tional 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 mov-ing 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 pos-sible. At United Nations University Press we would especially like to thank Robert Davis for his patience and support, from inception of our

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 Environ-mental 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 assist-ants, Nishad Kulkarni and Qi Jiang, who provided great support in proof-ing 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 pub-lication 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 develop-ing countries and around the world.

David Leary, Sydney, AustraliaBalakrishna Pisupati, Nairobi, Kenya

February 2010

1

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

1

IntroductionDavid 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 environ-mental degradation with development and human well-being. In the in-troductory 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 envi-ronmental 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 cli-mate change are beyond the scope of this chapter, but a few examples

2 LEARY AND PISUPATI

drawn from the Fourth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC) are worth noting to highlight the na-ture 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 pro-jected 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 inunda-tion, 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 Aus-tralia.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 deforesta-tion and modification and destruction of ecosystems for industrial, agri-cultural 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 infor-mation 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 high-lighting 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 endan-

gered species tagged as “possibly extinct” are included;• 16 928 species are threatened with extinction (3246 are critically en-

dangered, 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 environ-mental law. There are now more than 900 multilateral and over 1500 bilateral treaties and other international agreements dealing with envi-ronmental 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 con-tinued 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 dis-cussed 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 inter-national 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


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 interna-tional environmental law was the emergence in the Trail Smelter Arbitra-tion 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 nego-tiation of treaties and “soft law” instruments such as declarations and plans of action.

During the first phase of the development of international environ-mental law most of the treaties that were developed were purely utilitar-ian 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 en-vironmental law, serious concerns were being expressed about growing evidence of environmental degradation and it was realized that this deg-radation was closely linked to unsustainable levels of economic develop-ment 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 de-cline in both population and industrial capacity.16

By the time of the lead-up to the United Nations Conference on the Hu-man 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 pre-serve 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 devel-oped countries to reassure the developing world that their growing environmental concern will not hurt the continued development of the devel-oping world.18

How to bring about the “efficient synthesis” of developmental and en-vironmental 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 Environ-ment and Development (UNCED) in Rio de Janeiro and the World Sum-mit 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 numer-ous 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 recommenda-tions.24 As Philippe Sands has observed:

The Stockholm Conference set the scene for international activities at the re-gional 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 re-lated thereto. The period was marked by: a proliferation of international envir-onmental organisations (including those established by treaty) and greater


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

By the 1980s it was firmly recognized that measures aimed at environ-mental protection had to also take account of the need for development. In particular the “efficient synthesis” of developmental and environmen-tal 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 Re-port).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 con-vening 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 addi-tion 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 environ-mental 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 “pol-luter pays” principle and the principle of common but differentiated re-sponsibility.32 A number of these principles, such as the principle of common but differentiated responsibility, as well as the idea of sustaina-ble development reflected the synthesis of environmental and develop-ment concerns.

Has international environmental law failed?

Despite the proliferation of international environmental agreements, environmental degradation has continued and new environmental chal-lenges 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 instru-ments 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 or-ganizational 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 negotia-tions, 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 abil-ity 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, sci-entific councils, financing mechanisms, technical assistance programs and dis-pute resolution procedures . . . [F]inally, treaty congestion leads to overload at the national level in negotiating and implementing the agreements . . . Even in-dustrialised states with well-developed regulatory mechanisms and bureaucra-cies 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 par-ticular) he characterizes effectiveness of international environmental law in the following terms:


. . . 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 compo-nents of the treaty which may not be binding on the parties directly but imple-menting 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 compo-nents of the treaty from the viewpoint of behavioural change is again methodo-logically difficult, it is logical that these provisions do have an impact, and measuring the degree of implementation in terms of the number of pro-grammes or the level of financing is also an important component of determin-ing 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 sug-gested by Chambers, a wider, rather than narrow, conception of effective-ness appears appropriate.

Similarly, while the first generation of international environmental law paid lip service to the clear link between human well-being and the en-vironment (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. Interna-tional 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 eco-nomic law have been treated separately. The focus has been on controlling spe-cific 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 indus-trializing process, so as to prevent pollution, minimize environmental degrada-tion, and use resources more efficiently. This should mean increasing concern with making the entire production system environmentally sound. Interna tional 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 de-veloped mindful of these obvious but often forgotten interlinkages.

On a somewhat related note, the effectiveness of international environ-mental law in responding to new and emerging environmental challenges will also be partly dependent on us breaking out of the pernicious influ-ence of the pervasive concept of state sovereignty in international law. Clearly to view international relations, international policy and interna-tional 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 “kaleido-scopic” international legal and political system.37 That is to say:

At the same time as globalization and integration are increasing, there is in-creased fragmentation within States and pressures for decentralized decision making . . . While there is growing integration and fragmentation, the interna-tional system is also becoming kaleidoscopic. Shifting, ad hoc coalitions and as-sociations, 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 inter-national law. International law must operate in a new multi-layered system consisting of States, international institutions, private sector and nongovern-mental organization networks, the wide range of formal transnational bodies, . . . and the new kaleidoscopic pattern of informal coalitions and individual initiatives.38


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 effec-tiveness 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 organiza-tions, 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 typi-cally recognized by nation-state-centric models, and incorporate the other institutions which comprise regulatory systems – regulated entities them-selves, 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 “govern-ance” 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 appropri-ately, “global governance”. As Rosenau has posited:

Does it refer to a central authority that can exercise control over far-flung situ-ations on a global scale? Or is it limited to the exercise of authority in particu-lar 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 com-munities 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 consider-ing 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 prob-lems. Importantly our focus on environmental governance should empha-size 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 ex-plore 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 interna-tional law.

The book is structured in three parts. Assessing the implementation ex-periences and the effectiveness of contemporary international environ-mental law offers us some valuable lessons on what we need to do to improve the effectiveness of international environmental law into the fu-ture. 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 environ-mental 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 espe-cially vulnerable. Developing countries, and small island developing states in particular, already face major challenges in dealing with pollu-tion. But responses to existing environmental challenges such as pollu-tion 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 diffi-culties 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.


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 na-tional 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 net-works, 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 effective-ness 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 apply-ing 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 trans-parency and access to information in fostering good environmental out-comes. 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 prac-tice” approaches to environmental governance highlighting public partic-ipation, 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 gov-ernance 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 chal-lenges of a number of international legal regimes that are currently in transition. In Chapter 7, Michael Gerrard and Dionysia-Theodora Avgeri-nopoulou consider the challenges to environmental law posed by climate change, with a particular focus on the adaptation needs of both devel-oped and developing countries. After considering the current status of in-ternational 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 cli-mate 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, develop-ments 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 govern-ing the Arctic Ocean. Significantly, as the first part of this chapter high-lights, 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 Arc-tic. 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 environ-mental law relating to the marine environment. She argues that the his-tory 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 unlim-ited 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 interna-tional 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 emerg-ing global debate on the need for new regulation to address perceived


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 nanotech-nology relate not so much to law, per se, but perhaps falls under the broader idea of international governance for nanotechnology. The evolu-tion of this governance, perhaps eventually leading to new laws and trea-ties, 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 implica-tions 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 un-considered 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 conclu-sions 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, Switzer-land: 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.


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 exami-nation of these principles.

33. Edith Brown Weiss, “New Directions in International Environmental Law”, United Na-tions 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 Environ-mental 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 Globaliza-tion 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 Envir-onmental Organization”, Columbia Journal of Environmental Law, vol. 27, no. 2 (2002), pp. 323–362.

296

Index

Aarhus Conventionabout, 12, 139–41, 143, 143n1, 148n48Compliance Committee, 141human rights and the environment,

139–41, 143, 143n1, 146n48non-lawyers and legal regimes, 105–8,

110, 115–16, 123ACAP. 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

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, 249Alliance of Small Island States (AOSIS)

“n” refers to notes.

INDEX 297

about, 24, 37n37–40, 38n47, 168, 177n64Declaration on Climate Change, 24,

37n40Amazon biodiversity, 54, 72n85, 253, 263,

268n83Amazon Fund, 263, 268n83American Tree Farm System® (AFTS),

256–57, 266n45AMSP. See Arctic Marine Strategic Plan

(AMSP)Annan, Secretary-General Kofi, 125n23,

135, 141, 167Antarctic Treaty System (ATS), 70n32, 187,

192, 194, 198n47, 199n65, 209, 220n57anthropogenic

changes to life on earth, 44GHG emissions from deforestation and

forest degradation, 161interference with climate system, 151–52,

157interference with environment, 153pressure on the Mediterranean coastal

zones, 91sources of carbon dioxide, 21, 159sources of climate change, 151–52

antibiotics, 274–75antimalarial drug (artemisinin), 274–75,

281–82, 289n8, 290n23AOSIS. 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 Oceanabout, 170, 180–83, 185–90, 194Action Plan to Eliminate Pollution in the

Arctic (ACAP), 182Ecosystem Approach (EA), 183emergence of, 180–82evaluation of, 183–84marine work, 182–83Oil & Gas Guidelines, 183references 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

Arctic ecosystem biodiversity, 45Arctic Environmental Protection Strategy

(AEPS), 181–82, 195n9, 195n14Arctic marine areas, 180, 183, 199n58Arctic Marine Strategic Plan (AMSP), 183,

190, 196n26, 199n60Arctic Monitoring and Assessment

Programme (AMAP), 180–82, 195n7, 195n14

Arctic Ocean. See also Arctic Councilabout, 179–80Action Plan for Application of the

Precautionary Approach, 193, 200n78Agreement on Adoption of a

Precautionary Approach, 193, 200n77Antarctic 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, 199n58Arctic Marine Strategic Plan (AMSP),

183, 190, 196n26, 199n60Arctic 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, 198n44China, 188climate change, 183–84, 190–92, 194,

198n42coastal states, 180Commission 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, 198n42ecosystems-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, 198n48European Commission, 187–88evaluation, 188–89Finland, 181–82, 185, 198n42, 200n81fishing and commercial fleets, 195fish stocks, migratory, transboundary and

straddling, 194Fourth Assessment Report of the

Intergovernmental Panel on Climate Change (IPCC), 2, 179

Fur Seal Convention, 196Gorbachev, Soviet Secretary-General

Michail, 180–81, 195n8Greenland, 180–81, 184–85, 187Iceland, 182, 185, 198n42–43Ilulissat Declaration, 185, 188–89,

197n37–39, 198n43, 199n62–63IMO’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, 200n75law of the sea, 188–89, 197n31, 197n36,

198n48Madrid Protocol, 187marine environment, Arctic, 182–83, 185,

189, 191, 193, 197n33marine management in the Arctic,

experience in, 189–94

new economic activities in the Arctic region, 191

non-Arctic coastal states, 188North Atlantic Salmon Conservation

Organization (NASCO), 193, 200n77–78

Norway, 180–82, 193, 196n22, 197n35, 198n42

Polar Bear Agreement, 196policy and law, current dynamics of,

184–89precautionary approach, 193–94, 200n77Protection 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, 181Russia, 180, 182, 184, 188, 196n17, 197n35,

198n42, 200n75sea bed, Arctic Ocean coastal states

competing for, 179sea ice, summer, 179senior Arctic officials (SAO), 181, 185,

189, 198n41–42, 199n54shipping and tourism, expansion of,

179sovereign rights and jurisdiction of its

coastal states, 184territory, countries claiming jurisdiction

over, 170UN 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

INDEX 299

Biological Diversity in the Mediterranean (Areas Protocol)

artemisinin (antimalarial drug), 274–75, 281–82, 289n8, 290n23

Asian Development Bank (ADB), 121Asilomar Conference on Recombinant

DNA, 277ATS. See Antarctic Treaty System (ATS)AusAid (in Indonesia), 119Australia

banking, conservation or biodiversity, 60

biodiversity certification of areas, 64–65biodiversity conservation, 62eco-service payment schemes, 62environmental law enforcement through

national courts, 120–21GHG emitter, major, 157nanotechnology, 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, 289n6bacterium, 271–72, 285, 289n2Bali Action Plan, 137, 154–55, 166, 174n20,

174n36, 262Bali UN Climate Change Conference

(2007), 154, 262, 267n81Bangladesh, 20, 168, 255banking, conservation or biodiversity, 60Barbados Programme of Action for the

Sustainable Development of Small Island Developing States (BPoA), 28, 30, 34, 39n80

Barcelona Convention and its Protocols, 83Barcelona 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

(BePOMAr), 180, 183, 189–91, 193–94, 195n6

BioBricks™ non-profit organization, 280biodiversity

in Amazon, 54, 72n85, 253, 263, 268n83anthropocentric climate change on, 44in Arctic ecosystem, 45banking, conservation or biodiversity, 60banking/offsets schemes, 61bioenergy impact and, 249Brazilian Forest Code, 61–62carbon, sequestration and storage of, 43carbon and salinity credits, 60carbon dioxide, 43–45, 153, 159, 161–65,

175n46, 204carbon storage and, 59CBD, national implementation, 53–67CBD objectives, obstacles to

implementation of, 48CBD Secretariat, 53, 69n24, 69n26, 71n54,

72n71, 72n75–76, 72n79, 72n81–83, 72n93, 76n142, 76n146–48

challenge of, 43–44conservation, wildlife management and,

57conservation and sustainable

management of high seas, 204–5, 208, 211–13

conservation/biodiversity banking/offset schemes, 60–61

conservation mechanisms, 54conservation of, 42–44, 46–48, 50–52,

54–56, 58–67Convention 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, 136drought, 1, 22, 43, 45, 128, 136, 166–67,

171–72eco-compensation mechanisms, 63economic and cross-sectoral policies and

strategies, 65–67economic tools: valuing ecosystem

services, 58–63eco-service payment schemes, 62–63ecosystems, shocks and disturbances to,

43ecosystems conservation, 9fiscal meaning of, 62–63fish stocks and, 51, 194, 200n84, 204flooding, 1–2, 45, 167–69Fourth 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, 52genetic diversity, global decline in, 44greenhouse gases (GHGs) emissions,

44–45, 54, 62, 75n130green value added tax, 63habitat destruction by deforestation and

destruction of ecosystems, 2habitat loss by land conversion,

agricultural and forestry practices, 44

high seas marine, protection of, 206–13human population, unsustainable rates of,

45incentives, tax-based, 59–60incentives for conservation and

sustainable use of components of, 58insects, 45international initiatives, 46–53International Year of Biodiversity, 42Island Biodiversity Programme, 28, 36n4,

39n72, 39n79–80, 39n83issues, sectoral mainstreaming of, 63–64IUCN Red List of Threatened Species,

15n8, 67, 219n33land use planning, 64–65life on earth, anthropogenic changes to

the, 44loss, drivers of, 44–46loss 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, 2Malmo Ministerial Declaration, 42marine environments, 55, 205MDG 7– Ensure Environmental

Sustainability, 51Millennium 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, 45ocean acidification, 21, 45, 163, 181,

204204of ocean water column, 205offset transactions, regulated biodiversity,

60overexploitation of resources by over-

fishing and hunting, 2Payments for Environmental Services

programme, 62poaching, 56, 58, 65“polluter pays” principle, 60poor as vulnerability to climate change

on crops and livestock, 50poor as vulnerable to dependence on

forest and fisheries, 50poor threatened by loss of, 50post-2010 framework for, 52–53poverty reduction and, 51precautionary approach to, 213on private property, conservation of,

58–59protected areas of, 54–58“provider–gets” principle, 60sea level, global average rise in, 45species extinction rate, 1–2, 44temperature of surface of the Earth,

average, 45in terrestrial environments, 55threats to marine environment, 204tradable reserve rights, 61–622010 Biodiversity Target, 28, 48–49, 51–53,

55, 67, 71n47

INDEX 301

2015 Biodiversity Target, 52–532020 Biodiversity Target, 522050 Biodiversity Target, 52UN 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, 50value of, for humankind, 43wetlands, loss of, 45–46, 56, 60, 69n19, 85,

92, 171wildfire, 45, 167, 176n58World Bank Poverty Reduction Strategy

Papers, 53Biodiversity Targets

for 2010, 28, 48–49, 51–53, 55, 67, 71n47for 2015, 52–53for 2020, 52for 2050, 52

bioenergyair pollution from burning feedstock

residues, 249Amazon Fund, 263, 268n83American Tree Farm System® (AFTS),

256–57, 266n45Bali Action Plan, 262Bali Climate Conference (2007), 154, 262,

267n81benefits of, potential, 247–48biodiversity loss from indirect land use,

249Biofuels Environmental Sustainability

Scorecard, 255, 266n40Brazil’s National Petroleum, Natural Gas

and Biofuels Agency (ANP), 257, 266n57, 266n59

Brazil’s “Social Seal,” 253, 255, 257–59Brazil’s Technical Assistance Plan, 257–58case studies, 255–56child labour, 249

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), 254Endangered Species Act, 259, 267n65energy balance, 248, 264n6Energy Star® labelling, 252, 256, 260–61,

265n23, 267n70Environmental 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, 248feedstocks have invasive characteristics

crowding out other crops, 249Food and Agricultural Organization

(FAO), 255, 262, 264n11, 266n39forest programmes, voluntary, 256–57Forest Stewardship Council (FSC), 252,

256–57, 265n23, 266n45Generalized System of Preferences

(GSP), 253–54, 266n31–232greenhouse gas (GHG) emission

reduction technologies, 255, 266n34greenhouse gas (GHG) emissions from

bioenergy production, 248, 250–52, 255–56, 260–63, 266n34

hydrofluorocarbon (HFC) emissions, 251, 260

import standards and the WTO, 253–54incentives and tax relief for, 253Indonesian palm oil programme,

261–62Inter-American Development Bank

(IADB), 255, 266n40

302 INDEX

bioenergy (cont.)Intergovernmental Panel on Climate

Change (IPCC), 251International Organization for

Standardization (ISO), 255International Union for the Conservation

of Nature (IUCN), 255Joint Implementation (JI) mechanisms

[Kyoto Protocol], 254labelling of bioenergy production,

252–53labelling programmes, international,

260–61Lacey Act, 259, 267n66LEEDS® standards for energy efficiency

in buildings, 253, 256, 260–61, 267n72legal framework, 250less developed countries and, 251, 254–55,

263microfinancing of small-scale biofuel

projects, 255Montreal 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, 265n51plantations, expropriated lands and local

farmers, 249pricing and sustainable biofuels, 252production, sustainability of, 250Programme for the Endorsement of

Certification (PEFC), 256, 266n47programmes, financing of, 254–55project development, requirements for,

249–50public involvement and transparency,

249–50Rainforest Alliance Certification (RAC)

seal, 253, 265n23Reducing Emissions from Deforestation

and Forest Degradation (REDD), 262–63, 267n77–78, 267n80–81

research and development (R&D), 249risks, 248–50Roundtable on Sustainable Biofuels

(RSB), 250–51, 265n16Social Seal in Brazil, 257–59soil depletion by planting of

monocultures, 248

standards, implementation of, 251–55subsidies for production of biofuels, 252sustainability certification of bioenergy

products, 252Sustainable Forestry Initiative (SFI), 256,

266n45–48United Nations Environment Programme

(UNEP), 255United Nations Forestry Forum on

REDD, 263, 268n85Voluntary Carbon Standard (VCS)

Program, 252, 265n22water for irrigation of feedstocks, 248WB/WWF Biofuels Environmental

Scorecard, 255, 266n41biofuels, 14, 165, 177n51, 252Biofuels Environmental Sustainability

Scorecard, 255, 266n40Biological and Environmental Research

Advisory Committee, 284, 291n34biological diversity conservation, 86, 91biological engineering, 269Biological Research Council [United

Kingdom], 286, 291n44biological weapons of mass destruction

(WMD), 287bioprospecting for marine genetic

resources, 204, 208biosafety

about, 273, 277, 279, 281, 283, 286, 288biosecurity and, 270, 273, 277–79, 281,

283, 286, 288Biotechnology Research in an Age of

Bioterrorism, 283, 290n32biotechnology to manufacture raw

materials, 276bioterrorism, 277, 283, 285–86, 290n31–32BlackWatch from Craic Computing, 284,

291n37BPoA. See Barbados Programme of Action

for the Sustainable Development of Small Island Developing States (BPoA)

Brazilabout, 75n135, 75n137, 76n138agrarian reform and rural resettlement,

65, 72n85climate change law, 159–60deforestation in Acre, reduction in, 65GHG emissions, 156–57, 160GHG emissions reductions, 156green value added tax, 63rapidly developing economy, 158

INDEX 303

Brazilian Forest Code, 61–62Brazil’s National Petroleum, Natural Gas

and Biofuels Agency (ANP), 257, 266n57, 266n59

Brazil’s “Social Seal,” 253, 255, 257–59Brazil’s Technical Assistance Plan, 257–58Brundtland 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, 76n149Canada

Arctic Council chair state, 182Arctic Ocean, 180–82, 197n35, 198n42,

198n44Arctic Ocean state, 180, 198n42Arctic territory, claiming jurisdiction

over, 170biodiversity conservation, 62eco-service payment schemes, 62GHG emitter, major, 157Intervenor Funding Project Act, 122nanotechnology, 233, 237, 246n68strategic impact assessment (SIA), 113

carboncredits, 151, 161, 174n30cycle, global, 21market, 151neutral energy sources, 274salinity credits and, 60sequestration and storage, 43, 62–63,

68n13, 161, 166, 174n37, 208storage and biodiversity, 59trading, forest, 161, 173n13

carbon capture and storage (CCS), 151, 161–62, 172

carbon dioxideabout, 44–45, 153, 159, 161–65, 175n46, 204anthropogenic sources of, 159emission levels, 153, 159–65, 175n46emissions, 19, 21–22, 37–38n44emissions from transportation, 165global ecosystem uptake of, 43sequestration, 208

Caribbean island states, 22, 40n91Caribbean Protocol, 32

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, 249China

Arctic Ocean, 188carbon dioxide emissions, reduction of,

159climate change law, 159–60Conversion of Cropland to Forests and

Grassland (CCFG) programme, 63eco-compensation mechanisms, 63GHG emissions, major emitter of, 154,

156–57, 159, 261Grotian legacy and sustainable

biodiversity, 206, 211, 222n79marine genetic resources of the high seas,

206nanotechnology, 230, 237, 246non-Arctic coastal states, 188rapidly 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), 151–52climate change and pollution. See also

climate change law2010 Biodiversity Target, 28, 39n76about, 19–20adaptation, 32–34Adaptations Fund under the Kyoto

Protocol, 33Agenda 21, 29–30, 39n90, 40n92, 69n31Alliance of Small Island States (AOSIS),

24, 37n37–40, 38n47, 168, 177n64anthropogenic 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, 184Bangladesh, 20, 168, 255carbon dioxide emissions, 19, 21–22,

37–38n44Caribbean Protocol, 32challenges, 34–35chemical pollution from factories, mining

activities and toxic dumping, 22–23climate change impacts, 20–22Climate Change Science Compendium

2009, 21, 36n5, 36n10coastal environments, degradation of, 19coastal erosion, extensive, 21, 92Conference of Parties (COP), 27–29,

36n4, 39n70, 39n72, 39n79–80, 39n83–84Convention on Biological Diversity

(CBD), 27–29Copenhagen Accord, 33, 41n116, 155–56,

160, 168, 174n32coral reefs, 19, 22, 37n16–17, 45, 56

courts and tribunals, resorting to, 25on crops and livestock, vulnerability of

poor to, 50cycle of carbon, global, 21developing countries and, 1dispute settlement forums to address

harms caused by, 150, 171drought conditions, 1, 22, 43, 45, 128, 136,

166–67, 171–72energy-related taxes and levies, 33environmental conservation, obstacles

blocking, 34environmental factors, poverty,discrimination and inequalities from, 137environmental threats, 20–24eutrophication (oxygen depletion), 22fisheries strategies, sustainable, 30flash floods, 22, 167food security, global, 2, 31, 33, 43, 136,

145n20, 159, 250, 258Fourth Global Conference on Oceans,

Coasts, and Islands: Advancing Ecosystem Management and Integrated Coastal and Ocean Management, 34

fragile states, 20geo-engineering solutions to, 175n41,

204Global Environmental Facility, 33Global Island Partnership (GLISPA), 29,

39n86Global 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, 25Intergovernmental Panel on Climate

Change (IPCC), 21–22, 41n113International Union for the Conservation

of Nature (IUCN), 34, 37n43Island 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, 40n91least developed countries (LDCs), 20, 33,

155, 158, 167Least Developed Countries Fund

(LDCF), 33litigation involving, 172loss of biodiversity in many ecologically

rich sites, 2on low-lying and small island countries,

127Malé 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, 188Mediterranean LBSA Protocol, 31–32Millennium Development Goals, 28,

39n83as most significant global environmental

challenge, 1non-fossil sources of power, 32ocean policies, development of, 30ocean pollution damage, 23, 26, 37n22ocean warming and thermal expansion

rates, 21Office of the UN High Commissioner for

Human Rights (UNHCHR), 25paralytic shellfish poisoning (PSP), 23“polluter pays” principle, 6, 29, 60pollution, 22–27, 29, 32, 35, 1920polychlorinated biphenyls (PCBs), 23poverty and, 23, 33–34problems, addressing the, 24–25Programme 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, 170sea level rise from global warming, 20–22,

24, 34–35, 36n6, 36n8, 45, 127

seawater temperature, 21sewage treatment plants, 32SIDS Exclusive Economic Zones (EEZs),

20, 23, 97n4SIDS pollution control mechanisms, 23small 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, 45species and populations, protection of

threatened, 27storm surges, 2, 22tipping points and irreversible changes to

major Earth systems and ecosystems, 21

tropical cyclones, 22UN Convention on the Law of the Sea

(UNCLOS), 20, 25–27, 197n36, 202, 218n15, 221n67

UN conventions and programmes, 25–32UN 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, 25United 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 lawabout, 149–50acidification of the oceans, 21, 45, 163,

181, 204

306 INDEX

climate change law (cont.)adaptation policies, development of,

165–67African nations’ objection to target

global temperature increase, 156agricultural failures, 172Alliance of Small Island States (AOSIS),

24, 37n37, 168, 177n64anthropogenic interference with the

climate system, 152anthropogenic sources of carbon dioxide

from developing countries, 159anthropogenic sources of climate change,

152Bali Action Plan, 137, 154–55, 166,

174n20, 174n36, 262biofuels, second-generation, 165, 177n51carbon capture and storage (CCS)

mechanisms, 151, 161–62, 172carbon credits, 151, 161, 174n30carbon dioxide, anthropogenic sources of,

159carbon dioxide emission levels, 153,

159–65, 175n46carbon market, Japanese, 151carbon market valuation by World Bank,

151carbon sequestration, 62–63, 68n13, 161,

166, 174n37carbon trading, forest, 161, 173n13China, India and Brazil, positions and

participation of, 159–60Clean Development Mechanism (CDM),

151, 156, 161–62, 254–55, 266n34–36clean technology (cleantech), 151–52climate change, clear scientific consensus

confirming, 152climate change international regulation,

new themes for future, 160–65climate disasters, 166, 172coastal flooding risk, 168Conference of the Parties (COP 3),

173n10Conference of the Parties (COP 5),

71n50–51Conference of the Parties (COP 6), 70n45Conference of the Parties (COP 8), 36n4,

39n72–80, 39n83, 72n94Conference of the Parties (COP 13 in

Bali), 161, 174n36Conference 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, 155–56Copenhagen Green Climate Fund, 160dangerous anthropogenic interference

(DAI), 152, 156deforestation, 155–56, 161, 174n36developing countries, 154–61, 164, 166–67,

174n36dispute settlement forums to address

harms caused by climate change, 150, 171

drought-resistant crops, 166droughts, 1, 22, 43, 45, 128, 136, 166–67,

171–72ecological disruptions to fish, plant and

wildlife populations, 171emission reduction, benchmark year for,

155emissions reduction units (CERs), 151,

161emissions trading scheme, global, 165energy sources, renewable, low-carbon,

164, 172Environmental Modification Convention

(ENMOD), 163, 175n44European Union Emissions Trading

Scheme (EU ETS), 151–52Fifteenth Conference of the Parties in

Copenhagen (2009), 155flooding of major coastal cities, 169floods, 22, 128, 166, 172, 176n58fuel-based economy to low-carbon

economy, transition from, 163–64geoengineering, 162–63GHG emission reduction targets, 150–51,

153–54GHG emissions, forest destruction as key

non-energy contributor to, 150, 262GHG emissions from international

shipping and aviation, 155GHG emissions from natural gas, 163GHG emission sources that cross

national borders, 150Global Humanitarian Forum, 167, 176n59global 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, 167humanitarian crises, 35, 150, 167human 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, 167infrastructure construction (dykes, sea

walls, harbours and railways), 166Inter-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, 158–59migrations, forced, 150, 168–69, 176n61

migrations, mass, 166, 172mitigation, new role for developing

nations, 158–59mitigation actions, nationally appropriate,

160mitigation by industrialized countries,

prospects for, 156–58mitigation 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, 169–70national security concerns, 166natural disaster and humanitarian crisis

preparedness, 167–68natural disasters, 92, 136, 150, 167, 169,

176n57, 176n60, 262nuclear energy as a climate change

strategy, 164Nuclear Non-Proliferation Treaty (NPT),

164Office of the UN High Commissioner for

Human Rights (UNHCHR), 25, 136, 170, 177n78

“post-2012” climate change regime, 149–50

poverty, 169, 171rapidly developing economies (RDEs),

150, 158–59REDD-plus, 160–61Reducing Emissions from Deforestation

and Forest Degradation (REDD), 161, 253, 262–63, 267n77–78, 267n80–82

refugee protection framework, 169research and development (R&D),

162“Revised Negotiating Text” (RNT),

154target, where to set?, 153–54target negotiations toward the post-2012

era, 154–55transportation, carbon dioxide and GHG

emissions from, 165UN 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, 251climate change regime, “post-2012,” 149–50climate disasters, 166, 172Club of Rome, 4, 15n16coastal

ecosystems and landscapes, fragility of, 91environments, degradation of, 19erosion, extensive, 21, 92flooding risk, 168states, 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), 205Committee 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, 71n48COP 3 in Buenos Aires, Argentina 1996,

173n10COP 5 in Bonn, Germany 1999, 71n50–51COP 6 in The Hague, Netherlands 2002,

70n45COP 7, 72n88–89COP 8 in Curitiba, Brazil 2006, 36n4,

39n72–80, 39n83, 72n90, 72n94COP10, 48, 52COP 13 in Bali, 161, 174n36COP14 in Poland, 2008, 154COP 15 in Copenhagen, 156, 252COP 16 in Mexico 2010, 156Fourth National Report, 53incentives for conservation and

sustainable use of components of biodiversity, 58

poverty alleviation, 42, 45, 103Programme of Work on Protected Areas

(PoWPA), 55, 72n94Conference of the Parties to the

Convention on Biological Diversity (CBD COP), 39n84, 205, 268n84

conservationof biodiversity, 42–44, 46–48, 50–52,

54–56, 58–67mechanisms, 54wildlife management and biodiversity,

57Conservation of Arctic Flora and Fauna

(CAFF), 181–82, 196n14consolidated bioprocessing (CBP) of

biomass, 274continental shelf resources, 203, 208–9the Convention. See Convention for the

Protection of the Marine Environment

INDEX 309

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, 220n56Grotian legacy and sustainable

biodiversity, 99n32, 193, 209, 220n56Mediterranean Sea, 80–83, 93, 98n13,

99n25, 99n27, 99n32Convention on Access to Information,

Public Participation in Decision-Making and Access to Justice in Environmental Matters, 125n19, 125n31

Convention on Biological Diversity (CBD)Article 6, 63Article 8(a), 54–55Article 8(e), 55Article 11, 58Barbados 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, 12bioenergy, 263climate change and pollution, 27–29Conference 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

Mauritius Strategy for the Further Implementation of the Barbados Programme of Action for the Sustainable Development of Small Island Developing States, 28

Mediterranean Sea, 79n54national 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, 39n79Strategic Plan for 2010 Target, 48–49,

51–53, 55, 67, 71n47synthetic biology and synthetic genomics,

287, 291n48World Summit on Sustainable

Development, Plan of Implementation of, 28

Year in Review 2008, 55Convention 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, 265n20Convention 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, 174n32Copenhagen Green Climate Fund, 160corals/coral reefs, 19, 22, 37n16–17, 45, 56,

204, 211Costa Rica, 62CRAMRA. 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), 169Declaration of the Principles of High Seas

GovernanceEcosystem 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, 174n36Denmark

Arctic Council chair state, 182Arctic Ocean, 180, 182, 185, 196n22,

198n42

Arctic Ocean state, 180, 198n42Bali Action Plan, 154Fifteenth Conference of the Parties, 155nanotechnology, 233, 246n68nanotechnology, regulatory implications

of, 233North Sea Continental Shelf Cases, 97n5

Department for Environment Food and Rural Affairs [United Kingdom], 246n71

desertification, 128, 136developing countries, 154–61, 164, 166–67,

174n36Directive on Access to Justice, 108discrimination, prohibition of, 128–29, 131,

134, 137, 139, 142dispute settlement forums on harms from

climate change, 150, 171DNA synthesis machines, automated, 272,

277–78, 284, 291n35Draft Principles on Human Rights and the

Environment, 142drought

conditions, 1, 22, 43, 45, 128, 136, 166–67, 171–72

resistant crops, 166dumping, 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], 63ecological disruptions to fish, plant and

wildlife populations, 171

INDEX 311

ecologically sustainable development (ESD), 103–16, 120, 122–24

economic development, unsustainable levels of, 4

eco-service payment schemes, 62–63ecosystem

Arctic marine, 193fragile Arctic, 189–90, 194

Ecosystem Approach (EA), 209ecosystems

based approach to ocean management, 190–91, 193, 195n6, 199n59, 199n61, 199n64, 200n81

shocks and disturbances to, 43EEZs. 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, 134ELSI. 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, 161emissions trading scheme, global, 165Emission Trading (ET), 254Endangered Species Act, 259, 267n65energy balance of bioenergy, 248, 264n6energy-related taxes and levies, 33energy sources, alternative, 137energy sources, renewable, low-carbon, 164,

172Energy Star® labelling, 252, 256, 260–61,

265n23, 267n70enforcement, transboundary and

international, 120–21

enforcement and compliance, 113–17ENMOD. See Environmental Modification

Convention (ENMOD)environment (environmental)

access to information on the, 141–42agreements, international, 141conservation, obstacles blocking

implementation of, 34enforcement, 116, 119, 121, 126n48governance, 104–12, 115, 122–24,

124n9–10, 124n12–14governance, global, 292information, access to, 107–8, 110, 116–17instruments, human rights elements in

international, 128issues, citizen’s participation in, 141law, violations of, 141laws with a transboundary effect, 120pollution, 118, 129–30proceedings, citizen participation in, 122protection, 139rights, standing and a cause of action,

117–18rights and citizen cause of action, 116–18rights linked to human rights, 106–7,

116–17, 125n24right to a safe and sound, 142side-agreement to NAFTA, 120–21standards, defining, 117sustainable development policy, 114

Environmental Council of Zambia, 66Environmental Defenders Office [New

Zealand], 122–23Environmental 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, 91ESD. See ecologically sustainable

development (ESD)ET. See Emission Trading (ET)ethical, legal, and social implications

(ELSI), 281EU ETS. See European Union Emissions

Trading Scheme (EU ETS)EU Parliament, 187, 198n46, 198n48European Centre for Standardization

(CEN), 255, 266n38European Commission, 233–34, 286European Community Directives, 120European Convention for the Protection of

Human Rights and Fundamental Freedoms, 132, 177n77

European Convention on Human Rights, 132

European Court of Justice (ECJ), 120European Court on Human Rights, 132–33European Economic Community. See

European UnionEuropean Group on Ethics in Science and

New Technologies (EGE), 286, 291n42European Patent Office, 287European 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, 157Grotian legacy and sustainable

biodiversity, 208, 210Implementation Agreement, 208–10Kyoto Protocol ratification, 151Parliament, 108, 120, 187, 198n46,

198n48European Union Emissions Trading

Scheme (EU ETS), 151–52eutrophication (oxygen depletion), 22Exclusive 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

FinlandArctic Council chair state, 182Arctic Ocean, 181–82, 185, 198n42,

200n81nanotechnology, 233, 246n68

fisheriesadverse effects of unsustainable, 219n34commercial fleets, 195deep-sea, 211–12, 221n64ecosystem approach in, 220n51high seas, 204, 206–7, 212, 218n31, 219n47,

220n48, 223n84–85regimes and environmental sectors, 208strategies, 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, 176n58food

bioenergy impact on, 248crops, bioenergy feedstocks displace, 248Department 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, 136Food 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

INDEX 313

Grotian legacy and sustainable bio-diversity, 205, 211, 219n32, 221n64–66

nanotechnology, 237forest

Brazilian Forest Code, 61–62carbon sinks and forest conversion for

bioenergy, 248carbon trading, 161, 173n13conservation and tree-planting projects,

137Conversion 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, 262–63destruction as key non-energy contri-

butor to GHG emissions, 150, 262Forest Stewardship Council (FSC), 252,

256–57, 265n23, 266n45poor people’s dependence on, 50programmes, voluntary, 256–57Rainforest Alliance Certification (RAC)

seal, 253, 265n23Reducing 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, 15n18Fourth 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

France, 60freedom

of high seas, 203, 207of information, association and

expression, 127of 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, 153G77, 206, 210Gabcikovo-Nagymaros Hydropower

Project, 120Gates Foundation, 282GDR. See greenhouse development rights

(GDR)gene plus a vector synthesis, 272Generalized System of Preferences (GSP),

253–54, 266n31–232genetically modified

organisms, 232, 279–80, 283, 288, 291n50plants and animals, 232, 270, 279–80, 283,

288, 291n50genetic diversity, global decline in, 44Geneva Conventions on the Law of the

Sea, 202, 217n13genome sequences and testing of vaccine

strains, 275–76GEO 4. See Global Environment Outlook

(GEO 4)GEO Year Book 2007, 236, 245n44Germany, 228, 233, 237, 246n68GHGs. See greenhouse gases (GHGs)

emissionsGLISPA. See Global Island Partnership

(GLISPA)Global Environmental Facility, 33Global Environment Outlook (GEO 4), 1Global Humanitarian Forum, 167, 176n59Global Island Partnership (GLISPA), 29,

39n86Global 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 warmingclimate 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, 127sea level rise from, 20–22, 24, 34–35, 36n6,

36n8, 45, 127Gorbachev, Soviet Secretary-General

Michail, 180–81, 195n8GPA. See Global Programme of Action for

the Protection of the Marine Environment from Land-based Activities (GPA)

Grameen Bank, 255Great Barrier Reef (Australia), 2greenhouse development rights (GDR),

171, 178n84greenhouse gases (GHGs) emissions

biodiversity, 44–45, 54, 62, 75n130bioenergy, 248, 250–52, 255–56, 260–63,

266n34climate change and pollution, 16, 21,

24–25, 35, 38n44climate change law, 149, 151, 154, 157–58,

162crossing national borders, 150forest destruction as key non-energy

contributor to, 150, 262of Indonesia, 261–62from international shipping and aviation,

155nanotechnology, 228, 248from natural gas, 163reduction targets, 150–51, 153–54reduction technologies, 255, 266n34from transportation, 165

Greenland, 180–81, 184–85, 187green value added tax, 63Grotian 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, 209BBNJ 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, 205bioprospecting for marine genetic

resources, 204, 208carbon dioxide sequestration, 208China, 206, 211, 222n79climate change, 204, 219n36, 222n74Committee on Fisheries (COFI), 205common heritage of mankind regime

applied to the high seas, 214Conference 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, 215Environmental Protocol, 209European Union (EU), 208, 210fisheries, adverse effects of unsustainable,

219n34fisheries, deep-sea, 211–12, 221n64fisheries, 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, 207Geneva Conventions on the Law of the

Sea, 202, 217n13geo-engineering solutions to climate

change, 175n41, 204Grotian concept as limited to freedom of

navigation and fishing, 203Grotian ideal, failure of, 204–5Grotian ideal and freedom on the seas,

13, 201–2Grotius, Hugo, 201–3, 215, 216n1, 217n6,

217n9, 218n26, 223n88, 224n89illegal, 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, 223n88mare liberum, 202marine biodiversity, conservation and

management of, 204–5, 208, 211–13, 216, 220n47

marine biodiversity, conservation of, 211marine 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, 204North Pacific Marine Science

Organization (PICES), 213ocean acidification, 21, 45, 163, 181, 204ocean fertilization projects, large-scale,

204, 212, 222n73–74oceans governance, global system of

fiduciary, 215piracy, prohibitions on, 201, 203post-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, 203200 nautical miles, coastal states jurisdic-

tion over resources within, 85, 202–3UN 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, 211UN General Assembly and Resolution

61/105, 211United 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, 215World Summit on Sustainable

Development (WSSD), 208, 220n51Grotius, Hugo, 201–3, 215, 216n1, 217n6,

217n9, 218n26, 223n88, 224n89GSP. 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, 44heatwaves, 167HFC. See hydrofluorocarbon (HFC)

emissionsHIV/AIDS, 50Hong Kong, 246n69, 259humanitarian crises, 35, 150, 167human population, unsustainable rates of,

45human 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, 127–28Additional 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, 137Bali Action Plan, 137climate 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, 131Draft Principles on Human Rights and

the Environment, 142dumping of toxic and dangerous products

and wastes, 130Elimination of Racial Discrimination,

134energy sources, alternative, 137environment, access to information on

the, 141–42environment, right to a safe and sound,

142environmental agreements, international,

141environmental instruments, human rights

elements in international, 128

INDEX 317

environmental issues, citizen’s participation in, 141

environmental law, violations of, 141environmental pollution, risks of, 129environmental pollution and

contamination of water supplies, 130environmental pollution standards, 118environmental protection, 139environmental rights linked to, 106–7,

116–17, 125n24environment in human rights texts,

128–33European 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, 135–37human rights in environmental

instruments, 128, 138–42human rights instruments and monitoring

work, 128, 133, 138, 142human rights law, international, 135human rights law, lessons from, 128,

142indigenous peoples, rights of, 132–35,

138–39, 143, 144n6Inter-American Commission on Human

Rights, 38n46, 132, 145n24, 171–72, 178n86

Inter-American Court on Human Rights, 132

International Court of Justice, 138International 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, 170–72litigation involving climate change, 172on livelihood, culture, migration,

resettlement and personal security, 170Maldives, 21, 25, 36n13, 127Millennium Development Goals, 130non-discrimination and special measures

for women, indigenous peoples and local communities, 139

nuclear weapons, 138Office 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, 119regional instruments and monitoring

efforts, 131–33rights 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, 145n27safe drinking water and sanitation, 130The Social and Economic Rights Action

Center and the Center for Economic and Social Rights v Nigeria, 131

Stockholm Declaration, 5, 138UN Charter, 137UN 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), 139UN Framework Convention on Climate

Change, 137, 149UN Global Compact, 131UN Human Rights Council, 127, 130, 134,

136, 143Universal Declaration of Human Rights,

137UN Permanent Forum on Indigenous

Issues, 135UN Special Rapporteur on Toxic Waste,

130UN Universal Declaration of Human

Rights, 137, 170, 177n76Vienna Declaration and Programme of

Action, 137Voluntary 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, 170to water, food, health and property, 170World Conference on Human Rights

(1993), 135world food crisis, 136World Summit on Sustainable

Development (WSSD), 5, 137, 212, 220n51, 238

World Summit Outcome (2005), 135, 137

Human Rights Commissions, 25human rights law

environment protection and, 8, 12–13, 128, 142–43

international, 135lessons from, 128, 142

hurricanes, 43, 167hydrofluorocarbon (HFC) emissions, 251,

260hydrogen-based economy, 227hydrologic 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, 179Iceland, 182, 185, 198n42–43ICES. 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, 253–54incentives

for conservation and sustainable biodiversity, 58

tax-based, for environmental services, 59–60

tax relief for bioenergy and, 253India

carbon dioxide emissions, reduction of, 159

climate change law, 159–60GHG emissions, major emitter of, 154,

156–57, 159GHGs emissions reductions, 156Mehta and environmental causes, 118–19,

126n52–54nanotechnology, 230, 246public interest in environmental law, 116as rapidly developing economy, 158Taj Mahal, crusade to save the, 118

INDEX 319

Indian Ocean Tuna Commission (IOTC), 218n31

indigenous peoples. See also InuitArctic Ocean, 182, 186–87, 190, 192,

196n19–21human rights and the environment,

132–35, 138–39, 143, 144n6rights to land and resources of, 12

IndonesiaBali Action Plan, 262EIA laws in, 119GHG emissions of, 261–62Palm Oil, Timber & Carbon Offsets

(POTICO) programme, 262, 267n75rapidly developing economy, 158

INECE. See International Network for Environmental Compliance and Enforcement (INECE)

infrastructure construction (dykes, sea walls, harbours and railways), 166

insects, 45integrated development plans (IDPs)

[Zambia], 66intellectual property rights, 282, 287,

291n51Inter-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, 251climate change and pollution, 21–22,

41n113climate change law, 152–53, 157, 164,

166–67, 171–72Fourth Assessment Report (2007), 2, 14n2,

41n113, 44–45, 69n22–23, 153, 173n14, 175n49, 176n53, 179

GHG reductions recommended by, 251International Association: Synthetic

Biology (IASB), 284, 291n36International Bioethics Committee (IBC),

237

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, 128climate change law, 128, 170, 177n74first Optional Protocol, 129, 134human rights and the environment,

128–29, 133, 137, 144n6, 146n53International 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 lawenvironment and development,

convergence of, 3–6hazardous and dangerous substances,

regulating, 234–35negotiation of treaties, bilateral and

multilateral, 4“soft law” instruments such as

declarations and plans of action, 4state sovereignty and, 9transboundary environmental harm, 4world of problems, responding to, 1–3

International Genetically Engineered Machine (iGEM) competition, 280, 290n18

international judicial bodies, 4International Labour Organization, 119

320 INDEX

international legal regimes, 13, 185International 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, 255nanotechnology, 238–39, 245n62,

246n64–65International Sea-Bed Authority (ISBA),

203, 209, 212, 221n72, 222n79, 223n82international trade law, 8International Union for the Conservation

of Nature (IUCN)bioenergy, 255climate change and pollution, 34, 37n43Red List of Threatened Species, 2, 15n8,

67, 219n33resource kit for sustainability assessment,

115International Year of Biodiversity, 42Inuit Circumpolar Conference, 38n46, 171,

178n86, 196n17Inuit Circumpolar Council (ICC), 38n46,

171, 178n86, 185, 196n17Inuit Leaders’ Summit on Arctic

Sovereignty, 185–86, 198n44IOA. 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, 175n49IPCC Report, Climate Change and Water,

171, 178n82Iran, 230, 246n68Island Biodiversity Programme, 28, 36n4,

39n72, 39n79–80, 39n83ISO. 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)

JapanArctic Ocean, 188, 200n75climate change law, 151, 157, 159GHG emitter, major, 157Kyoto Protocol, 151nanotechnology, 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, 21Kyoto Protocol

Adaptations Fund, 33Annex I countries and GHG emission

reductions, 156–57bioenergy, legal framework on, 254,

266n33climate change law, 149, 151–52, 154,

156–58, 173n2, 173n9Joint Implementation (JI) mechanisms,

254non-Annex I countries, 158United States as only industrial country

not ratifying, 157

labelling of bioenergy production, 252–53Lacey Act, 259, 267n66Land-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

INDEX 321

land-based sources and activities (LBSA)marine pollution, 24, 26Mediterranean LBSA Protocol, 31–32of pollution, 22, 26–27, 29–35, 40n91protocols, 31–32, 40n91

land use impact of bioenergy, 248Law of Sustainable Rural Development

[Mexico], 62law of the sea, 188–89, 197n31, 197n36,

198n48Law 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, 167Least Developed Countries Fund (LDCF),

33LEEDS® standards for energy efficiency in

buildings, 253, 256, 260–61, 267n72legal framework of bioenergy, 250less developed countries, 230, 251, 254–55,

263“The Limits to Growth (Club of Rome), 4,

15n16London (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, 187Major Economies Forum, 158–59Maldives, Republic of, 21, 25, 36n13, 127Malé Declaration on the Human

Dimension of Global Climate Change, 25, 38n47

Malmo Ministerial Declaration, 42malnutrition in Africa, 2MAP. 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, 223n88mare liberum, 202Mare Liberum (Grotius), 201, 214–15,

216n1, 217n6, 217n8, 223n88marine and coastal biological resources,

91marine biodiversity

conservation and management of, 204–5, 208, 211–13, 216, 220n47

exhaustibility of, 204, 215, 295management of risks to, 213protection of high seas, 206–13seawater temperature affects, 21sustainable management of, in areas

beyond national jurisdiction, 214–15, 222n77

threats to, 204marine ecosystem, 21–23, 31, 43, 100n33,

183, 193, 204, 209, 211, 221n70marine environments

Arctic, 182–83, 185, 189, 191, 193, 197n33

biodiversity of the, 30pollution threats to, 20, 55protected, 55

marine genetic resources of deep seabed, 205–6, 208, 210, 214, 219n46

marine pollutionby dumping of wastes, prevention of,

99n25land-based sources and activities

(LBSA), 24, 26from LBSA, 22, 26–27, 32prevention and UNCLOS, 26regional cooperation to combat

accidental, 90from ships, prevention of, 101n46treaties, Barcelona system of, 12by 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, 188marine species, migratory, 85MARPOL. See Convention on Oil

Pollution Preparedness, Response and Co-operation (MARPOL)

Mauritius, 29–30Mauritius 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, 31–32Mediterranean 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, 85–87Barcelona Convention and its Protocols,

83Barcelona 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, 91–92Convention 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, 83Emergency Protocol, 89–91Erika tanker accident, 89, 91Exclusive Economic Zones (EEZs), 20,

85, 97n4, 98n15, 197n33, 202general obligation at the regional level,

78–79Global 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, 79International Maritime Organization

(IMO), 90, 99n33, 101n45–46Land-Based Protocol, 83–85marine and coastal biological resources,

sustainable use of, 91marine species, migratory, 85Mediterranean Action Plan (MAP), 80,

82, 99n19Mediterranean Commission on

Sustainable Development, 82Mediterranean Compensation Fund

(MCF), 96persistent 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, 284Regional 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, 87–88Specially 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, 88–89metagenomic surveys of microbes, 276methane, 45, 162Mexico, 62, 158MFA. See Norwegian Ministry of Foreign

Affairs (MFA)microfinancing of small-scale biofuel

projects, 255Middle East countries, 163migrations, forced, 150, 168–69, 176n61migrations, mass, 166, 172Millennium 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, 290n27Ministry of Natural Resource and Tourism

[Tanzania], 57Montreal 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, 226nanotechnology, 13–14

about, 227–29applications for, 228Australia, 230, 233–34, 243n3–4, 243n9,

243n12–15, 243n21, 244n33, 245n39, 246n68

Canada, 233, 237, 246n68China, 230, 237, 246Convention 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, 246n68Department 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, 286Finland, 233, 246n68Food and Agriculture Organization

(FAO), 237GEO Year Book 2007, 236, 245n44Germany, 228, 233, 237, 246n68greenhouse gas (GHG) emissions, 228,

248hydrogen-based economy, 227India, 230, 246Intergovernmental Forum on Chemical

Safety, 238, 245n54–55International Bioethics Committee

(IBC), 237International 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, 246n68ISO/TC 229 Nanotechnologies technical

committee, 239–40, 246n65Japan, 228, 233, 237, 246n68key concerns, sketch of the, 229–32legislative instrument in Berkeley,

California, 232, 244n30less developed countries and, 230nanoparticles, toxicity of manufactured,

226New Zealand, 233, 237Norway, 233, 246n68Organisation for Economic Co-operation

and Development (OECD), 228, 238–39, 243n5, 243n20, 244n36, 245n60–61

persistent organic pollutants (POPs), 235as “platform technology,” 227regulation of, 231–33regulatory and policy responses,

emerging, 232–34responding to, 241–42risk assessment and risk management,

233risks and benefits of, 236, 243n5, 243n20risks of, lack of clear scientific data on,

235, 241risks of, regulatory frameworks for

managing, 234, 240–41risks of, test protocols for assessing, 236risks of, to humans and the environment,

228–32, 234Royal Commission on Environmental

Pollution [United Kingdom], 229, 243n22, 244n31, 245n40

Royal Society [UK], 231, 286Russia, 233, 246n68solar power technology, 227South Korea, 230, 233, 237, 246n68Strategic Approach to International

Chemicals Management (SAICM), 238, 245n56–57

Sweden, 246n68Thailand, 230, 233, 246n69UNEP Year Book 2009, 236, 245n47

INDEX 325

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, 233Voluntary 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], 57National Research Council (NRC) [US], 283National Science Advisory Board for

Biosecurity (NSABB), 283, 290n33national security concerns, 166NATO. See North Atlantic Treaty

Organization (NATO)natural disasters, 92, 136, 150, 167–69,

176n57, 176n60, 262natural resources, overexploitation of, 45–46navigation, safety of, 204NEAFC. See North-east Atlantic Fisheries

Commission (NEAFC)New Zealand

Environmental Defenders Office, 122nanotechnology, 233, 237ombudsmen or Commissioners for

Environment, 119–20Tuvalu agreement with, 168

New Zealand Resource Management Act, 111

NGOs. See non-governmental organizations (NGOs)

Nigeria, 131nitrous oxides, 45non-Arctic coastal states, 188non-discrimination and special measures

relating to roles of women, indigenous peoples and local communities, 139

“non-governmental organizations (NGOs), 10

non-lawyers and legal regimesAarhus Convention, 105–8, 110, 115–16,

123about, 103–5access to environmental information,

107–8, 110, 116–17Agenda 21 (Programme of Action for

Sustainable Development), 103, 106, 124n4

AusAid (in Indonesia), 119citizen complaints and role of

ombudsmen, 119–20citizen involvement in monitoring, 119citizen participation in environmental

proceedings, 122Convention on Access to Information,

Public Participation in Decision-Making and Access to Justice in Environmental Matters, 125n19, 125n31

Convention on Biological Diversity (CBD), 103, 124n2

Directive on Access to Justice, 108ecologically sustainable development

(ESD), 103–16, 120, 122–24enforcement, transboundary and

international, 120–21enforcement and compliance, 113–17Environmental Defenders Offices, 122–23environmental enforcement, 116, 119, 121,

126n48environmental governance, 104–12, 115,

122–24, 124n9–10, 124n12–14environmental impact assessment (EIA),

110, 113, 119, 123Environmental Law Alliance Worldwide

(ELAW), 121environmental laws have a transboundary

effect, 120environmentally 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, 120–21environmental standards, defining, 117Environment Council, 108European Community Directives, 120European Court of Justice (ECJ), 120European Union Parliament, 108, 120Gabcikovo-Nagymaros Hydropower

Project, 120human rights regimes, 119integrated participatory processes based

on, 111–14International Court of Justice (ICJ), 120International Labour Organization, 119International 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, 120Millennium Development Goals, 103,

124n5national and comparative approaches to

enforcement and compliance, 116–23New Zealand Resource Management

Act, 111permit conditions and regulatory

standards, access to information on, 117

policy implementation, 113–14public participation, danger of overrating,

123–24public participation, innovative

approaches to, 121–23public participation in environmental

decisions, 114–15public 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, 112–13strategic impact assessment (SIA), 113strategic policy direction, legal

framework and management objectives, 111–12

sustainable development, principles of, 105–8

toxic release information, 117UN Framework Convention on Climate

Change, 103, 124n3, 126n41United Nations Environment Programme

(UNEP), 118–19World 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

NorwayArctic Council chair state, 182Arctic Ocean, 180–82, 193, 196n22,

197n35, 198n42Arctic Ocean state, 180, 198n42Bali UN Climate Change Conference

(2007), 262disputes over delimitation of maritime

borders, 197forest protection fund to promote the

REDD programme, 262–63, 267n82, 268n83

nanotechnology, 233, 246n68

INDEX 327

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, 138NWP. See Nairobi Work Programme

(NWP)

Obama, President Barack, 153, 157–58ocean

acidification, 21, 45, 163, 181, 204fertilization projects, large-scale, 204, 212,

222n73–74governance, global system of fiduciary,

215policies, development of, 30pollution damage, 23, 26, 37n22warming and thermal expansion rates,

21OECD. 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, 25climate change law, 170, 177n78human 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, 288Optional 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

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, 15n11Palm Oil, Timber & Carbon Offsets

(POTICO) programme, 262, 267n75PAME. See Protection of the Arctic Marine

Environment (PAME)Papua New Guinea, 168paralytic shellfish poisoning (PSP), 23Payments for Environmental Services

programme [Costa Rica], 62PEFC. See Programme for the

Endorsement of Certification (PEFC)persistent organic pollutants (POPs), 85,

235Petrobras, 257, 265n51PICES. See North Pacific Marine Science

Organization (PICES)piracy, prohibitions on, 201, 203Plan of Implementation of the World

Summit on Sustainable Development, 28, 137

plantations for bioenergy, 249poaching, 56, 58, 65Polar Bear Agreement, 196Polar Code (Guidelines for Ships Operating

in Ice-covered Waters) [IMO], 183policy implementation, 113–14poliovirus construction, 272, 278, 281, 289n2,

289n5, 290n20“polluter pays” principle, 6, 29, 60pollution, 22–27, 29, 32, 35, 1920

prevention, 9, 27polychlorinated biphenyls (PCBs), 23poor

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)

populationgrowth, 4, 45movements due to global warming and

rising sea levels, 127

328 INDEX

“post-2012” climate change regime, 149–50POTICO. See Palm Oil, Timber & Carbon

Offsets (POTICO) programmepoverty, 23, 33–34, 51, 169, 171precautionary approach, 193–94, 200n77Programme for the Endorsement of

Certification (PEFC), 256, 266n47Programme for the Further Implementation

of Agenda 21, 137Programme of Action for Sustainable

Development (Agenda 21)biodiversity, 69n31climate change and pollution, 5–6, 29–30,

39n90, 40n92Mediterranean Sea, 82, 99–100n33non-lawyers and legal regimes, 103, 106,

124n4Programme 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, 60Provisional Regulation (Medida Provisoria)

[Brazil], 61PSP. See paralytic shellfish poisoning (PSP)public participation

danger of overrating, 123–24in environmental decisions, evaluation of,

114–15in environmental governance systems,

107–8, 293in governance, 109–24, 125n19, 125n24,

125n33, 125n37, 125n40innovative approaches to, 121–23non-lawyers and legal regimes, 108–11transparency and, 249–50

RAC. See Rainforest Alliance Certification (RAC) seal

radionuclides, 88, 284Rainforest Alliance Certification (RAC)

seal, 253, 265n23rapidly developing economies (RDEs), 150,

158–59

INDEX 329

Rathenau Institute [Europe], 286, 291n41R&D. See research and development

(R&D)RDEs. See rapidly developing economies

(RDEs)recombinant DNA, 269–70, 273, 277–78REDD-plus, 160–61Reducing Emissions from Deforestation

and Forest Degradation (REDD)bioenergy, 262–63, 267n77–78, 267n80–81climate change law, 160–61Norway’s promotion of, 262–63, 267n82,

268n83United Nations Forestry Forum on

REDD, 263, 268n85refugee protection framework, 169regional 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, 249resources in Arctic

hydrocarbon and mineral, 191oil and gas, minerals and fisheries, 179

“Revised Negotiating Text” (RNT), 154RFMOs. See regional fisheries management

organizations (RFMOs)right to development, 5, 8, 38n48, 132, 171,

178n83Rio Conference on Environment and

Development (1992), 80, 82Rio Declaration on Environment and

Developmentabout, 5–6, 15n21, 15n28, 69n31, 103,

105–6legal regimes, 103, 105–6, 109, 125n21,

137–38, 141Mediterranean Sea, 15n21, 15n28, 69n31,

82, 105, 125n21, 137–38, 199n73Principle 10, 105–6Principle 15 of the, 192, 199n73

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, 181Royal 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)

RussiaArctic Council chair state, 182, 196n17Arctic governance, 188Arctic Ocean, 180, 182, 184, 188, 196n17,

197n35, 198n42, 200n75Arctic Ocean state, 180, 198n42Arctic territory, claim of jurisdiction over,

170climate change, 157, 163, 170climate change and pollution, 39n83disputes over delimitation of maritime

borders, 197flag planting underneath the North Pole,

184GHG emitter, major, 157human rights and the environment,

145n27Millennium Goals, 39n83nanotechnology, 233, 246n68natural gas-rich country, 163

safe drinking water and sanitation, 130SAICM. 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, 179sea level rise from global warming, 20–22,

24, 34–35, 36n6, 36n8, 45, 127seawater temperature, 21“Securing a sustainable future for the

oceans beyond national jurisdiction: The legal basis for an integrated cross-sectoral 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, 32Seychelles, 21SFI. See Sustainable Forestry Initiative

(SFI)SIA. See strategic impact assessment (SIA)SIDS. See small island developing states

(SIDS)slaves transportation, 203small island communities and sea level rise,

2, 22small 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, 292Exclusive Economic Zones (EEZs), 20,

23, 97n4pollution 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, 248solar power technology, 227South Africa, 158South Korea, 230, 233, 237, 246n68South 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

speciesecosystems and, climate change impact

on, 45extinction rate, 1–2, 44populations and, protection of

threatened, 27Stockholm Conference, 5Stockholm 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, 22Strategic Approach to International

Chemicals Management (SAICM), 238, 245n56–57

strategic environmental assessment (SEA) [Zambia], 66

strategic impact assessment (SIA), 113Strategic Plan of the Convention on

Biological Diversity, 28strategic policy direction, legal framework

and management objectives, 111–12Subsidiary Body on Scientific, Technical,

and Technological Advice, 287, 291n49

subsidies for production of biofuels, 252sustainability of bioenergy, 250sustainable development principles, 105–8Sustainable Development Working Group

(SDWG), 182, 189, 196, 196n15Sustainable Forestry Initiative (SFI), 256,

266n45–48Sweden

Arctic Council, 181, 185, 196n22, 198n42, 199n55, 200n82

First Global Ministerial Environment Forum, 67n1

nanotechnology, 246n68synthesized microorganisms, 279synthetic biology and synthetic genomics

about, 269–71access and distribution, unfair, 282

INDEX 331

Ad Hoc Working Group on Access and Benefit Sharing, 287, 291n48

alternative fuels, 274antibiotics, 274–75antimalarial drug (artemisinin), 274–75,

281–82, 289n8, 290n23Asilomar Conference on Recombinant

DNA, 277bacterial virus phiX174, 272, 278, 289n6bacterium, 271–72, 285, 289n2benefits of, 273–77bio-based manufacturing, 276BioBricks™ non-profit organization, 280Biological and Environmental Research

Advisory Committee, 284, 291n34biological engineering, 269Biological Research Council [United

Kingdom], 286, 291n44biological weapons of mass destruction

(WMD), 287biosafety, 273, 277, 279, 281, 283, 286, 288biosafety and biosecurity, 270, 273,

277–81, 283, 286, 288Biotechnology Research in an Age of

Bioterrorism, 283, 290n32biotechnology to manufacture raw

materials, 276bioterrorism, 277, 283, 285–86, 290n31–32BlackWatch from Craic Computing, 284,

291n37carbon-neutral energy sources, 274consolidated bioprocessing (CBP) of

biomass, 274Convention on Biological Diversity

(CBD), 287, 291n48DNA synthesis machines, automated, 272,

277–78, 284, 291n35ethical, legal, and social implications

(ELSI), 281European Group on Ethics in Science

and New Technologies (EGE), 286, 291n42

European Patent Office, 287gene plus a vector synthesis, 272genetically modified organisms, 232,

279–80, 283, 288, 291n50genetically modified plants and animals,

232, 270, 279–80, 283, 288, 291n50genome sequences and testing of vaccine

strains, 275–76governance 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, 279–80life, creating, 281malicious intent, 277–79metabolic pathways, engineering specific,

276metagenomic surveys of microbes, 276Minimal Bacterial Genome, 283, 290n27molecular biology research, 277multi-gene signal transduction pathways,

276National Research Council (NRC) [US],

283National Science Advisory Board for

Biosecurity (NSABB), 283, 290n33new diagnostics and rapid vaccine

development, 275–76new drugs, 274–75oligonucleotides (short pieces of DNA),

272–73, 278–79, 289n2, 289n6open-access databases, 288ownership, 282–83poliovirus construction, 272, 278, 281,

289n2, 289n5, 290n20Rathenau Institute [Europe], 286, 291n41recombinant DNA, 269–70, 273, 277–78risks of, 277–78Royal Society of the United Kingdom,

286, 291n43science and engineering of, 271–73severe acute respiratory syndrome virus

(SARS), 275–76, 289n10societal risks, other, 281–83students and amateurs, 280–81Subsidiary Body on Scientific, Technical,

and Technological Advice, 287, 291n49synthesized 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, 280US Department of Energy (DoE),

283–84, 291n34US Environmental Protection Agency

(EPA), 280US Food and Drug Administration, 280US Patent Office, 287viral genome, synthesize, 278viral genomes, 271, 275, 289n2viruses, constructing pathogenic, 278World Intellectual Property Organization,

287nsynthetic genomics, 269–71, 273, 275–79, 283,

285–88, 290n17, 290n33, 291n50, 294

Tanzania, 56–58, 262–63Tanzania Wildlife Protection Fund, 57temperature of surface of the Earth,

average, 45terrestrial environments, 55Thailand, 230, 233, 246n69Threatened 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, 117Trail Smelter Arbitration, 4, 15n14transnational corporations, 10, 130, 136transportation sources of carbon dioxide

and GHG emissions, 165tropical cyclones, 22Tuvalu, 21, 36n9, 41n123, 168, 176–77n622010 Biodiversity Target, 28, 39n76200 nautical miles limit, 85, 202–3

Uganda, 61, 74n127Uganda Wildlife Authority, 61UK. 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, 62Department for Environment Food and

Rural Affairs, 246n71eco-service payment schemes, 62nanotechnology, 228, 231, 233, 239, 241,

243n, 246n68Royal Commission on Environmental

Pollution, 229, 233, 243n22, 244n31, 245n40

Royal Society, 286, 291n43Voluntary Reporting Scheme for

engineered nanoscale materials, 241, 246n71

United Nations (UN). See also Food and Agriculture Organization (FAO)

INDEX 333

Agreement for the Implementation of the Provisions of the United Nations Con-vention on the Law of the Sea, 199n74

Charter, 137Convention on Biological Diversity, 6,

16n30Convention on the Rights of the Child,

129Declaration on the Rights of Indigenous

Peoples, 133–34Declaration on the Right to

Development, 132, 178n83Economic Commission for Europe

(ECE), 139Fish Stocks Agreement (FSA), 194,

197n31, 199n74, 206, 208, 212, 218n16, 223n85

Forestry Forum on REDD, 263, 268n85Global Compact, 131Millennium Declaration, 50, 124n5Millennium Ecosystem Assessment

(MEA), 44Millennium Summit, 50Secretary-General, 20, 99n25Universal Declaration of Human Rights,

137, 170, 177n76United Nations Climate Change

Conference in Bali (2007)about, 154, 262, 267n81Bali Action Plan, 137, 154–55, 166,

174n20, 174n36, 262United 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, 130United Nations Conference on

Environment and Development (UNCED)

Agenda 21, 5–6Forest Principles, 6, 15n29Rio 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

UN Convention on Biological Diversity, 6, 16n30

United Nations Conference on the Human Environment (UNCHE)

about, 4, 15n18–19, 15n23–24Stockholm Declaration, 5, 69n31, 138,

146n45United Nations Convention on the Law of

the Sea (UNCLOS)Agreement for the Implementation of

the Provisions of, 199n74Arctic Ocean, 179, 183–84, 189, 193,

197n31–32, 197n34, 199n74Article 1, 26Article 207, 26Article 211, 90Article 217, 218 and 220, 90biodiversity, 46, 70n35, 78climate change and pollution, 25–27Grotian legacy and sustainable

biodiversity, 202, 217–18n14, 217n13, 218n15–218n16, 219n34, 219n46, 221n67–221n68, 222n79

Mediterranean Sea, 78–79Part XI Implementing Agreement, 206,

218n15United Nations Development Programme

(UNDP)biodiversity, 53, 71n56, 71n64, 72n82,

76n153United 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, 255climate change and pollution, 1, 21, 30,

36n5, 37n33, 37n36, 39–40n91, 39n84, 39n89, 40n97, 40n100–111

GPA Coordination Office, 30Mediterranean Sea, 80, 83, 90, 96, 98n13,

99n19nanotechnology, 236, 245n44–47non-lawyers and legal regimes, 118–19UNEP Year Book 2009, 236, 245n47

334 INDEX

United Nations Framework Convention on Climate Change (UNFCCC)

about, 6, 16n31Article 4.1 of, 160biodiversity, 52climate change and pollution, 24, 33,

41n116climate change law, 149–52, 154, 156, 158,

160–61, 163, 166, 169, 172n1, 173n2–10, 174n20, 174n26

human rights and environment, 137non-lawyers and legal regimes, 103,

124n3, 126n41United Nations General Assembly

(UNGA)Declaration of the Principles of High

Seas Governance, 213Resolution 27/49, 206, 211Resolution 41/128, 132Resolution 45/94 of 14, 138Resolution 60/1, 146n40Resolution 61/105, 211Resolution 63/117, 144n12Resolution 1831 (XVII), 4–5, 15n17

United Nations Human Rights Councilclimate change and pollution, 21climate change law, 170–71, 178n79human rights and the environment, 127,

130, 134, 136, 143United Nations Informal Consultative

Process on Oceans and the Law of the Sea (UNICPOLOS), 205, 211, 219n42, 219n44, 219n46, 219n50, 220n59

United Nations Millennium SummitMillennium Declaration, 50, 124n5Millennium 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, 182Arctic Ocean, 180, 182–84, 188, 194,

197n35, 198n42, 200n75, 200n84Arctic territory, claiming jurisdiction

over, 170banking, conservation or biodiversity, 60biodiversity conservation, 62“cap-and-trade” bill, 158cap-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, 280Department of Energy, 260Department of Energy (DoE), 283–84,

291n34disputes over delimitation of maritime

borders, 197eco-service payment schemes, 62emission reduction levels, 153–54Environmental Protection Agency (EPA),

233, 280Federal Clean Water Act 1972, 60–61Food and Drug Administration, 280GHG emissions, 261Green Building Council, 260–61Inter-American Commission on Human

Rights, 38n46, 171–72, 178n86Kivalina, Alaska will need to evacuate

homes, 168Kyoto Protocol, only industrial country

not ratifying, 157nanotechnology, 228, 233National Research Council (NRC),

283offset transactions, regulated biodiversity,

60Patent and Trademark Office, 282,

290n25, 290n27, 290n30Patent Office, 287Project on Emerging Nanotechnologies,

228strategic impact assessment (SIA), 113toxic release information in pollutant

register system, 117US Emergency Planning and Community

Right-to-know Act (EPCRA), 117Waxman-Markey bill on GHG emission

levels below 2005 levels, 158United States Department of Energy, 164United States National Academy of

Sciences, 162UN 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, 130Urban and Regional Planning Act, 66US. See United States (US)US National Research Council (NRC), 283

VCS. See Voluntary Carbon Standard (VCS) Program

VerHage, Peter, 229, 243n19Vienna Declaration and Programme of

Action, 137viral genomes, 271, 275, 278, 289n2viruses, constructing pathogenic, 278Voluntary Carbon Standard (VCS)

Program, 252, 265n22Voluntary 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, 248water resources, 65, 73n111, 169, 171, 251WB. See World Bank (WB)WB/WWF Biofuels Environmental

Scorecard, 255, 266n41WCPFC. See Western and Central Pacific

Fisheries Commission (WCPFC)Western and Central Pacific Fisheries

Commission (WCPFC), 218n31wetlands, loss of, 45–46, 56, 60, 69n19, 85, 92,

171whaling, 70n33, 197n30, 215WHO. See World Health Organization

(WHO)

wildfire, 45, 167, 176n58Wildlife Conservation Regulations

[Tanzania], 57Wildlife Management Areas (WMAs), 57Wildlife Policy [Tanzania], 57WMD. See biological weapons of mass

destruction (WMD)Working Party on Nanotechnology

[OECD], 239World Bank (WB), 53, 121, 151, 255World Commission on Environment and

Developmentabout, 6, 15n26, 69n31, 103Brundtland Report, 6, 103, 124n1,

125n24World 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, 136World Health Organization (WHO),

237–38, 245n53, 245n55World Intellectual Property Organization,

287nWorld Summit on Sustainable Development

(WSSD)Ecosystem Approach (EA), 220n51Grotian legacy and sustainable

biodiversity, 208, 220n51human rights and the environment, 5,

137, 212, 220n51, 238non-lawyers and legal regimes, 104,

124n6–124n7Plan of Implementation of the, 28

World Summit Outcome (2005), 135, 137World Wildlife Fund (WWF), 255WSSD. See World Summit on Sustainable

Development (WSSD)

Zambia, 58, 65–67

The Future of International Environmental Law

Documents

nations university office

united nations secretariat

university of akureyri

university of strasbourg

lund university

new york2 united nations

international legal

nanotechnology227david