Ch. Axelrod 2 Background o Env pollution is now on transnational, regional, global proportions o Env pollution was once localized o Human beings have become the agents of fundamental alterations of the earth (21). o Global political system is fragmented o Intl. regimes combine intl. institutions, dedicated to various env causes o IGOs (ex. UNEP UN Environmental Programme) o NGOs (ex. Green Peace env advocacy orgs, scientific associations) Stockholm Conference 1972 o Began the era of the wave of public concern about the environment (DDT & other toxic substances through ecosystems, radioactive contamination, acid deposition, oil spills) o UN GA est. UNEP to be a focal point for UN programs on environment o Became prototype for following major world conferences which focused worldwide attn. on major intl. issues o Need for a common outlook and for common principles to inspire and guide the peoples of the world in the preservation and enhancement of the human environment, UNEP site Rio de Janeiro Summit, 1992 o Second major wave of intl. env concern o Focused on ozone depletion, climate change, rapid shrinkage of tropical rain forests, loss of biological diversity, spread of deserts, decline of major fisheries o Significant shifts in the responses by intl. institutions to env problems o Brundtland Commission, Our Common Future report Recognized that poverty and underdevelopment in developing countries were impt causes of env degredation o RDJ conf drew 116 heads of state Adopted p.o.a Agenda 21 Major intl treaties on climate change and biological diversity and a statement of forest principles UN General Assembly o Sponsors negotiations in intl treaty law for env issues o Adopts numerous resolutions setting forth non-binding regulations and standards soft law o Uses experts and prominent political figures to tackle major env intl issues o Arena of choice for developing countries UNEP o Institutional focus for env activities within the UN system o Role is for catalyzing, facilitating, and coordinating env programs both by countries and other intl orgs o Gathers info on env relevant issues o Only UN agency with HQ in developing country
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Agenda 21 o Elaborate plan of action for achieving SD implemented originally by CSD Commission on Sustainable Development o Est by UN GA to monitor and facilitate efforts to implement the diverse goals and recommendations of the Earth Summit o Promotes dialogue and encourages partnerships among govts, UN agencies, NGOs, and numerous groups outlined in Agenda 21 o Provides a forum for discussion on issues related to SD o Lacks power and resources to affect changes on its own (supported by UNEP) The World Bank o Provides loans to countries, mostly developing countries o Has been criticized for funding ill-conceived projects o Has been criticized for its failure to anticipate the ecological impacts of products and some projects added greenhouse emissions In response, WB est 4 env divisions to asses the enviro impacts of all loan apps in 1987 Still skepticism today however over WB's enacting of reforms Global Environmental Facility o Est 1990 by WB o Provides funds on favorable terms to low and middle income countries for env projects that benefit globally o Loans to developing countries give incentive to allocate limited resources for env projects in view of other compelling natl priorities o Restructured at Earth Summit 2 bodies Assembly Governing council Axelrod Ch. 3 History of intl env law o Protection law goes back to 1880s o A few decades ago: no treatises or journals specifically on intl env law o greener rules of intl env law over 4 periods To 1945 Place limits on flora and fauna and adoption of appropriate legal instruments Creation of the UN (1945-1972) Many intl orgs relating to env matters created Stockholm to Rio Coherent and coordinated manners of intl env law by the UN UNCED and beyond Env concerns must be integrated into all intl activities IGOs o 3 categories
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Global orgs related to UN Regional orgs outside UN (ex. ASEAN) Orgs est by env and other intl agreements o 5 functions Provide forum for interstate talks on intl env MGMT Receiving and disseminating info between states and between states and the org Creating law (soft law non binding agreements) Ensuring implementation of and compliance with standards and obligations developed by IGO Provide forum for interstate settle of disputes Sources for intl env law o Consists of rules, rights, and obligations that are legally binding on states and other members of the intl comm. in their relations with each other o Sources Bilateral or multilateral treaties Binding acts of intl orgs Conventions/protocols Rules of customary intl law Judgments of an intl court or tribunal Principles o Sovereignty o Good neighborliness Applies directly to activities carried out in one state or in areas beyond natl jurisdiction Env issues supports intl cooperation Includes commitments to implement treaty objectives or to improve relations or to improve relations outside a treaty or in relation to certain tasks o Sustainable development Need to reconcile economic development with protection of the environment 4 defs in intl law Commitment to preserve natural resources for the benefit of present/future gens Appropriate standards for the exploitation of natural resources based upon harvest or use States must consider needs of other ppl and states Env considerations must be integrated with economic and other development plans, programs, projects o Common but differentiated responsibility Recognizes that the special needs of developing countries must be considered if these countries are to be encouraged to participate in global env agreements o Precautionary principle
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Principle 15 of the Rio Declaration Aims to provide guidance to states and the intl comm. in the development of intl env law and policy in the face of scientific uncertainty and is the most radical of env principles o Polluter pays States that the costs of pollution should be borne by those responsible for causing the pollution and the consequential costs Precise meaning is limited Emerging legal standards o Protection of flora and fauna o Protection of the marine environment o Protection of freshwater resources o Air quality o Waste o Hazardous substances Axelrod Ch. 4 Intl env regimes o Set of integrated principles, norms, rules, procedures and institutions that actors create or accept to regulate and coordinate action in a particular issue area of intl relations o Institutions are mechanisms and orgs for implementing, operating, evaluating, and expanding the regime and regime policy o Ozone regime best example Montreal Protocol o Regimes Hazardous waste Toxic chemical Endangered species Mediterranean sea Ocean pollution desertification Obstacles to regime effectiveness o Systemic/universal Anarchy is defining characteristic of the structure of intl system realism of states behavior striving for dominance Global political and ecological systems Global legal systems and the reqs for effective intl env policy o Procedural Lowest common denominator all states are sovereign entities Countries most interested in addressing a problem must gain the cooperation of countries with less, little, or even no interest LCD measures the level at which the countries are willing to accept Time-lag problems
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Not easy or quick to create and implement global env policy Negotiations between govts take long time Sovereignty of states and the fact that each can choose to join or not join and intl env agreement also contribute to a significant time lag between the identification of an intl env problem and the impact of intl policy Characteristics of intl env issues o Characteristic make cooperation difficult Scientific complexity and uncertainty Linked economic and political interests Unequal adjustment costs Expanded time horizons and time horizon conflicts Nonlinear patterns of change Necessary conditions o Axelrod Ch. 8 Trade & environmental linkages o End of Cold War increase interest in env issues o Env issues increases in attn in last several decades o Recognizing global pollution & resource probs brought attn to global policy making o SD popular and beneficial o Economic integration helped transform env protection to intl issue Environmental concerns about free trade o Expanded trade may lead to env harm by promoting economic growth w/o env regulations cause more pollution, depletion of natural resources o Loss of state sovereignty if countries domestic laws regarding env, which may give those countries better standing in global mktplace (race to the bottom) o If countries fail to carry out intl env obligations, they may free ride and take advantage of trade agreements Free trade response to env concerns o Liberalization & environmental protection aimed at promotion of efficiency and reducing waste o Benefit of an increased economy leads to an automatic increase of spending on env protection o Trade can be a mechanism for economic growth and social welfare, but not guaranteed NAFTA example o Need to address env issues in the NAFTA context led to a commitment to a set of env negotiations alongside the trade negotiations a parallel track
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o Talks generated a joint US-Mexican commitment to address pollution issues along their shared border o First integrated border environmental plan between 2 countries o Produced a game plan for addressing the issues identified and a set of priorities to be undertaken jointly by US and Mexican env officials Axelrod Ch. 9 Compliance vs. effectiveness o Different b/c compliance is a condition for reaching the treaty's goals. o If a treaty is already complied with however, does not automatically signify that it is effective in reaching the env goal for which it was originally designed o Effectiveness depends on the actual treaty design, the instruments and goals contained in the treaty as well as other external factors, such as a changing political situation or even changing env conditions Compliance o Extent to which the behavior of a state--party to an intl treaty--acutally conforms to the conditions set out in a treaty. Is a condition for effectiveness Implementation o Refers to specific actions that intl actors and states to make intl treaties operative in their natl legal system Enforcement o Indicates the methods that are available to force states not only to implement, but also to comply with treaty obligations Effectiveness o Addresses the question of whether a treaty is correctly complied with actually achieves its stated objectives or whether the treaty actually helped to reach the env goal for which it designed Regime rules o Refer to the actual contents of the treaty that the parties have signed o Define the behavior that is required of the participating states under the terms of the treaty Axelrod Ch. 10 UN conference on Environment and Development (Rio de Janeiro, 1992) was turning point for US's pattern of non participation in intl env politics o Est. theme of unilateralism (NOT multilateralism) Unilateralism vs. multilateralism o Exceptionalism focusing on idea of cultural relativism and reluctance to act multilaterally o Hegemony US is main leader in global arena US leadership in intl env agreements is mixed, poorly executed (declined in last 1.5 decades)
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If we want the US to act multilaterally rather than unilaterally, must build domestic policy strength and regulations (act from bottom-up) US acts multilaterally when costs are low, convenient The US has traditionally been known among the countries with the strictest env regulation on the domestic level, and has often been a leader international on env issues. It was a reputation for taking environmental issues seriously) Axelrod Ch. 11 History of the EU o First step in forming EU European Coal and Steel Community o Treaty of Rome 1995 and creation of European Economic Community o Single European Act of 1986 Acclerated integration process of future EU member states by calling for establishment of a single internal economic market by the end of 1992 Maastricht Treaty of 1993 Advocated closer political and monetary union, including common currency for Europe o EU has created the most comprehensive regional env protection regime in world Institutions of the EU o European Council General policy making o Council of Ministers General policy making o European Commission Responsible for environment, nuclear safety, and civil protection o European Parliament Accepts or denies proposed EU legislation Approves budget and EU treaties, votes on appointment of president and commissioners o European Court of Justice Considers cases concerning EU treaties EU policy process o Complicated by uncertainty over roles, powers, and decision rules o Conflicts of interest o Lobbying o Success involves interactions and among cooperation many EU directorates and parliamentary committees Harmonization of env standards o Level economic playing field o One level of env regs and reqs for all countries EU directives o Used for env regulation
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o Framework directives attempt to deal with the problem of difficulties in monitoring and assessing progress towards common goals by establishing comprehensive long-term env quality goals and standards that can be used to measure progress across a wide range of specific policy actions IPPC imposes common reqs for issuing permits to large industrial sources of pollution throughout the EU AAQaAES EU legislation to protect air quality WRM protect EU water sources PfaELD introduce possibility of NGOs bringing suits for env harms Implementation challenges for EU env governance o Success of the EU commitment to env protection depends on the extent to which member states transpose EU law into natl law o European Commission has no authority to investigate or detect violations of EU law or inspect specific facilities o Resolving cases may take years o Variation in compliance among states is related to different levels of awareness of citizens and interest groups (more issues/complaints for different countries) o State sovereignty regarding when states are summoned to Euro. Court of Justice Instruments for env governance o Broadening the range of instruments for attaining SD o Growing interest in market-based instruments which improve economic efficiency of regulation o green taxes to promote waste reduction and energy saving o Emissions trading o Renewable NRG o Voluntary agreements Speth pt. 1 4 consequences of expansion in human populations: o 20th century growth in health, education, etc. have affected env substantially o 20th century expansion is significant b/c it has pushed the human enterprise and its effects to planetary scale o World economy forward momentum is large, population growth will be unable to grow out of its env problems\ o Human society is in a radically new ethical position b/c it is now at the planetary control (humans dominate earth). Planetary MGMT is inevitable now IPAT Equation o Sees env impact as a product of the size of human populations, our affluence and consumption patterns, and the technology we employ to meet our perceived needs
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Speth pt. 2 Message: are we on the right track with the current emphasis on the treaty approach? 1980s govts/others started to acknowledge env deterioration global governance term Accomplishments to date in global env governance o Agenda of the principle large-scale env concerns of the intl community has been defined o Much scientific research and sophisticated action o US/World Bank recognize Large scale env concerns o Initially domestic issues o Pollution and blight o Social/anti-war movements of 1960s gave rise to a new questioning and politically active generation o Corporations getting away w/ env murder widespread view o Business community caught off guard o Cuyahoga river burst into flames, Grand Canyon flood threat, Santa Barbara oil spill Global agenda emerged and moved forward thanks primarily to a relatively small intl leadership community 10 principle concerns from reports o Ozone layer depletion o Climate change o Desertification o Deforestation o Biodiversity loss o Population growth o Fresh water resources o Marine env deterioration o Toxification o Acid rain standard model characterizes intl response o Problem identification, fact finding/agenda setting o Negotiations, bargaining, agreement on what actions to take o Formal adoption stage (treaty ratification, signed or not) o Implementation, monitoring assessment and strengthening Speth characterizes responses to global threats highly threatening disease...to cure it, we have brought medicine that is pitifully weak 3 factors make disease/global agenda difficult o Global env deterioration o Far reaching, complex responses required o Difficult politics Weaknesses/need to close these gaps 9
o Environment vs. economy o North vs. south o U.S. vs. world Speth pt. 3 Future efforts must attack the actual disease of the deterioration of the global env not symptoms Biotic impoverishment, toxification, atmospheric change caused by human appropriation and consumption of natural resources, and by pollution Economic activity is consuming nature IPAT Drivers o Population 4x human pop in 20th century, children needed as productive assets. Pop pressure now at local/urban level, not just in 3 rd world. Many UN conferences on pop o Consumption GDP per capita 20th century, pattern of rapidly rising household demand for goods and services (particularly goods and services that burden the environment). Consumption brings us pleasure and helps avoid pain, responds to artificially created needs Private consumption at high levels b/c massive market and policy failure/ecolabeling is still in fancy phase/global preconsumerist values o Technology Has been positive, but societies have been unable to assess new techs and direct tech change in ways that avoid env costs (ex. Nixon's defense of breeder reactor in 1971) US open to tech change/encourage change Idea of Progress: 1970s growth of pessimism w/ tech. control of tech in hands of large corporation o Poverty Destructive impacts of a poor majority struggling to stay alive and an affluent minority consuming majority undermines means by which all ppl can survive Development projects failed in addressing poverty b/c they neglected environment o Market failure/policy and political failure Reflect our badly flawed political economy/our economic system doesn't work when it comes to protecting env resources and pol. sys. does not work when it comes to correcting the economic system. Market failure central to env bad consumption and bad tech Political failure magnifies MF o Scale of the global enterprise and its phenomenally rapid expansion
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Rapid pace of change, development of intl env law is slow Slow rates of change will compound slowly o Nature of our economic system Impossible to control, reminds us of the serious changes that need to happen o Our culture and its values Anthropocentrism and contempocentrism decline of theocracy/rise of science in Europe west civilization belief in human ability to dominate nature Globalization and the env o Globalization magnifies env probs Expansion of env destructive growth Decrease in ability of natl govts to regulate and otherwise cope with env challenges Increase in corporate pwr and reach Stimulation of particular sectors like transportation and NRG that have largely negative env side effects Increased likelihood of economic crises Commodification of resources/decline of traditional local controls on resource use Spatial separation of action and impact from responsibility Rapid spread of invasive species and the resulting biological homogenization o Globalization solves env probs Global corps can help spread the most advanced env MGMT tech and techniques Strengthening of capacities in govt to manage economic affairs can have spillover effects, which can leade to govt'l revenues for env amenity Increasing intl trade in such resources as time could lead to higher prices, more secure property rights, and larger investments in sustaining forest resources RFF Ch. 1 Science & policy o Science Dynamic, changing Uncertain Doesn't equal decision/response Multi disciplinary Objective, data driven Depends on funding/institutional support o Policy domestic/intl; statutory (hard law)/regulatory (soft law, easier to change) Less dynamic
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Agenda setting Politics can use science for own ends Subjective Driven by litigation Gets meaning from scientific interpretation
Thresholds o High cost to society when govt must enforce laws that make no sense to the ppl charged with enforcing them o Engenders cynicism among regulators o Erodes confidence in the public of the law and its enforcement RFF Ch. 8 Cost benefit analyses and ethical obligations o Benefit-cost analyses cannot solve and may obscure ethical questions/obligations o Faustian Bargain: refers to Faust who sold his soul for knowledge Author (Kneese) relates FB to nuclear NRG If nuclear NRG is implemented, it will impose a great burden of continuous monitoring and sophisticated MGMT of a dangerous material, essentially forever o How are humans fit into science, public opinion let democratic process decide bridge between science and policy o B-C Analyses can supply useful inputs to the political process for making policy decisions, but it cannot begin to provide a complete answer, specifically to questions with such far-reaching implications for society o Are risks of nuclear NRG worth benefits? RFF Ch. 49 Invasive species and trade problems o Trade measures more likely to be manipulated by interest groups to their own advantage and the detriment of larger society o Trade barriers harms both buyers and sellers o Difficult to deal w/ policies that discourage trade but also serve clear purpose, for example to keep out invasive species o More clashing with invasive species issues if using trade regulations Limitations of tariffs o More specifically targeted control measures, responsive to the individual species are needed to keep them out in the first place and to prevent their proliferation where they are already present o Free trade is better, less tariffs o Trade interventions, more tariffs does not promise to fend off invasive species Interest group role in free trade
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o Damage done by invasive species that enter via imported goods indirectly alters interest group behavior If you represent an interest group that wants a particular import discouraged, and you know the government is going to put high tariffs on that import anyway because it carries invaders, you can save your contributions, while if you wanted free trade in that good you must contribute RFF Ch. 9 Command and control o New regulations by govt to reduce env issue (pollution ex.) Cap and trade o Each pollution source is given an initial emissions limitation It can elect to meet this limit any way it sees fit Can use more than limit as long as it buys at least equivalent emissions reductions from one or more of the other sources of that pollutant Pollution taxes o No limits are placed on each ton of pollutant that a source emits, but in which each ton is taxed. o Taxes paid to govt to reduce natl debt, R&D for pollution control, etc. RFF Ch. 10 Tradable allowance systems o aka cap-and-trade systems o proving to be a very flexible, efficient, and popular instrument for env regulation o places limits (caps) on damaging activities and at the same time, provide incentives for doing this in cost-effective ways that encourage innovation in improved control technologies o sulfur dioxide trading program provides aggregate cap on annual allocation of emission allowances at all large, fossil-fired electricity generation facilities with nearly unfettered opportunities to trade or bank allowances\ simplicity o trading water emissions o recycling credits o individual transferable quotas CAC regs governing the size of vessels, types of nets, season lengths, areas open to fishing (marine fisheries ex.) o Tradable development rights Land use zoning designates the density and allowable uses of every property
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RFF Ch. 11 Economic incentives vs. Command and Control o Economic incentives Have been able to achieve greater cost savings More efficient than CAC instruments--result in a lower unit cost of abatement Real advantages of EI are generally realized over time, b/c they provide a continual incentive to reduce emissions, thus promoting new tech, and permit maximum flexibility in achieving emission reductions o CAC CAC policies achieve their objectives quicker and with greater certainty than EI policies Regulated firms are more likely to oppose EI regs than CAC because they fear they will face higher costs, despite the greater efficiency of EI instruments CAC policies have higher administrative costs RFF Ch. 41 Intergenerational justice o Sustainability involves some notion of respect for the interests of our descendants o Must take accountability for SD crossing generations Discounting o Justifications Ppl prefer current benefits over future benefits Receipts in the future are less valuable than current receipts from the standpoint of the current decision maker, b/c current receipts can be invested to increase capital and future income Safe minimum standard o Intergenerational social contract in regards to concerns over intergenerational fairness, resource constraints, and human scale o puts forward a socially determined dividing line between moral imperatives to preserve and enhance natural resource systems and the free play of resource tradeoffs o public decision making and the formation of social values are explicit parts
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