Transcript IEL2
Use of terminology Implementation Compliance Compliance vs. acceptance of obligations Compliance with international rules vs. compliance with domestic rules – links between domestic and international rules Enforcement Adoption of domestic measures Ensuring effectiveness of domestic measures Fulfilling procedural requirements of international institutions The taking of measures to ensure compliance Dispute settlement Ole Kr. Fauchald 12.04.2016 1 Implementation Categories of obligations Customary law obligations – The obligation to prevent harm – ILC’s Draft Articles on Prevention Treaty obligations – Obligations of result, obligations of conduct, obligations to take measures in a specific form, harmonization – The role of soft law instruments Categories of relevant environmental legislation General environmental principles Integrated pollution prevention and control Nature protection Land use Nature of measures to be taken Integration of relevant environmental principles To what do the measures apply – Processes, products, emissions, environmental quality Nature of measures to be taken – Limits or bans (the use of lists), ”trade measures”, land use regulation Ole Kr. Fauchald 12.04.2016 2 Non-compliance Reasons for non-compliance Forms of non-compliance procedures Ability and willingness Importance for the design of non-compliance procedures ”Non-confrontational”, ”non-judicial”, ”consultative” Who can trigger? Composition of the non-compliance committee Procedure of the committee Powers of the committee Proliferation of non-compliance procedures Ole Kr. Fauchald 12.04.2016 3 Enforcement The issue of reciprocity ”Injured State”? Arts 42 and 48 of ILC Draft Articles – erga omnes Damages to areas beyond national jurisdiction – the issue of fisheries Who can trigger cases under treaties? Countermeasures – Arts 49-54 of the ILC Draft Articles Lex specialis What if it is not regulated? Erga omnes beyond Art. 48 of the Draft Articles? What kind of enforcement actions are available under treaties? Which are the legal effects of lack of enforcement actions (such as Chernobyl)? Transborder damage Enforcement through domestic courts The role of treaties on civil liability Ole Kr. Fauchald 12.04.2016 4 Dispute settlement Multiple methods for settlement of disputes Art. 33 of the UN Charter – Negotiation, consultation, good offices, mediation, enquiry, conciliation, arbitration, judicial settlement Which results are ”legally binding”? Judicial settlement Great variety of arrangements Judicial settlement -> negotiation ”Mandatory” dispute settlement? – ITLOS A ”World Environment Court”? – ICJ and the Permanent Court of Arbitration Ole Kr. Fauchald 12.04.2016 5