plsc 354 midterm

What are the BIG Environmental Problems confronting the international community? (12 total be able to list at least 8)

- Climate change - Stratospheric Ozone Depletion - Long-Range Transboundary Air Pollution - Biodiversity Loss - Endangered species - Deforestation and Unstainable Use of Forest Resources - Desertification - Persistent Organic Pollutants and other harmful chemicals - Hazardous waste (and its trade) - Rivers and Lakes - Whale hunting - Marine environment and resource degradation

The GAP between North and South (i.e., wealthy and developing countries)

- The GAP in PRIVATE CONSUMPTION SPENDING: o North America and Western Europe: 12% of global population 60% of global private consumption o South Asia and sub-Saharan Africa: 33% of global population 3.2% of private consumption - The GAP in ENERGY CONSUMPTION: o OECD countries (economically developed countries): 18% of the global population 40% of the energy demand o Sub-Saharan Africa: 13% of the population 4% of global energy demand o The United States: 5% of the global population 25% of fossil fuel consumption

IGOs

- They are made up of member states who join voluntarily in order to join forces to address a common environmental problem; - IGOs facilitate international cooperation and coordination of efforts to address transnational problems; - IGOs can also create international laws that are binding on their members, they can monitor member compliance, enforce rules, etc.

Scientist

ideally they produce neutral scientific findings. Good science is the essential element of all good environmental policies. Policymakers and the public need to rely on good science in order to make informed decisions about the environment. BUT: Unfortunately, the political debate has become so polarized that even hard data and science are called into questions by opponents of environmental regulation. o There is always a margin of discretion in how research is conducted, which variables are prioritized, what measurements are adopted and how findings are presented; o Scientific findings can inspire a level of concern that is so high, that the scientists feel compelled to recommend policies and engage in advocacy. o Given the polarization of the debate over environmental issues, the politicization of science is always a possibility.

PUBLIC GOODS

non-excludable non-rivalrous Clean air, national defense, police, public sanitation

Energy consumption and efficiency: the shifting weight china, india, and us

o China and India: 1980: 8% of global energy consumption 2014: 28% of global consumption o United States: 2005: 22% of global consumption 2014: 16% of global consumption

terms "treaty, convention, pact, agreement, protocol"

often used interchangeably and usually mean substantially the same thing: an international treaty among two or more states.

The principle of "pacta sunt servanda" (pacts are to be honored)

states are bound to comply with the terms of the agreements they have voluntarily entered into.

self-help..... in an openly competitive (or anarchic) system

the instrument frequently used by a state to protect its interests and to enforce its rights (in the absence of a global police power that does it for it). States hang on jealously to their freedom of action (i.e., their "sovereignty") and to their right to agree or not to agree (principle of "consent") to certain international rules that impose limitations on their freedom.

the five key actors in Global Environmental Politics

• NATION STATES: among the most powerful actors in GEP • SCIENTISTS (aka epistemic communities) • CIVIL SOCIETY: non-governmental organizations (sometimes called NGOs), social movements and community groups, and concerned individuals • PRIVATE BUSINESSES: many businesses are against environmental regulation, but some are not. • IGOs (Intergovernmental Organizations)

DEEPWATER HORIZON in 2010

- an oil rig exploded off the coast of Louisiana. - With 210 million gallons, it is the largest oil spill in US history. - DWH was a dynamically positioned, semisubmersible rig, operating 40 miles off the coast of Louisiana, in 5,000-foot deep water. It was drilling an exploratory well at a depth of 18,000 feet below sea surface; - In April 2010, the explosion, the death of 11 people, and the sinking of the oil rig. - The oil spill continued for months releasing a total of 210 million gallons; example of "booster shot"

The absence of a global ruler that controls all states makes the global environment very....

...competitive. This is what international relations students call the "anarchy" of the international system.

Which are the top three countries in terms of total greenhouse gas emissions (rank them) (largest CO2 emitting countries)

1. China: 27% of global emissions (per capita: 6.2 tons of CO2) 2. United States: 14% (per capita 17.6 tons) 3. India: 9% (per capita 1.6 tons) Followed by Russia, Japan and Germany

BOTTOM BILLION

736 million people live with less than 1.90 dollars per day - This is a marked improvement from 1990: before 1990, 1.85 billion lived with less than 1.90 USD per day - 413 million living with less than 1.90 $ per day are in Sub-Saharan Africa - In 2030, if the trend continues, 90% of the poor will be in Sub-Saharan Africa 590 million in in Sub-Saharan Africa and 300 million in India live without electricity.

CHERNOBYL disaster of 1986 in the Ukraine (then part of the Soviet Union)

A nuclear reactor's explosion and release of large amounts of radioactivity caused large scale evacuations and about 30 dead (not counting longer term casualties). Example of a "booster shot"

What is the earth's current global population?

Current global population is 7.6 billion

two types/levels of treaties

Depending on the number of signatories (i.e., the states that sign a treaty) we can distinguish between: - Bilateral treaties: between two states; - multilateral treaties; among more than two states.

What is the Global Commons?

In legal terms it is often referred to as: - "Res Communis Omnium" or simply "RES COMMUNIS" (i.e., the common good), or - COMMON HERITAGE OF MANKIND. The global commons includes parts of the atmosphere, the oceans (high seas and deep sea bed), outer space, Antarctica, etc.

Domestic factors affect international negotiation:

Internal political institutions and interest groups affect the way a state's negotiator/diplomat addresses a given environmental issue. As the balance among the different internal forces shifts, so does the position of that state's negotiator/diplomat with regards to the particular environmental regime;

Thomas Robert Malthus (1766-1834)

Malthus was an English cleric and scientist. He wrote: "An Essay on the Principle of Population" in 1798. malthusianism

What is the most widely accepted definition of Sustainable Development (found in the 1987 Report of the Brundtland Commission).

The Brundtland Report contains the most commonly accepted definition of SUSTAINABLE DEVELOPMENT: "SUSTAINABLE DEVELOPMENT is development that meets the needs of the present without compromising the ability of future generations to meet their own needs."

NEPA (National Environmental Policy Act)

The NEPA "declares" that the policy of the US government includes the protection of the environment: - "The Congress authorizes and directs that, to the fullest extent possible ... all agencies of the Federal Government shall ... recognize the worldwide and long-range character of environmental problems and, where consistent with the foreign policy of the United States, lend appropriate support to initiatives, resolutions, and programs designed to maximize international cooperation in anticipating and preventing a decline in the quality of mankind's world environment."

What is the title of Garret Hardin's famous 1968 essay

The Tragedy of the Commons

Three Key Global Macrotrends and the Problems they raise

The following three global macrotrends have significant implications for the environment: - Population growth - Increase in resource consumption - Increase in waste production

Liberalism/Neo-Liberal Institutionalism

The key assumptions/tenets of LNLI are: - Today, there is more interdependence among different states than ever before: every state is vulnerable to what might happen somewhere else and every state can influence events in other states. - Interdependence creates strong incentives to cooperate to address transnational problems. - International law is a great facilitator of international cooperation: setting clear rules of behavior, it reduces uncertainty and helps build trust. - The LNLI recognize the problem of free-riders, i.e., those who take advantage of international agreements and cooperation without doing their share. But they also note that "most states comply with most international laws most of the time." The goal must be to improve the way the cooperative arrangements and treaties are structured so as to maximize the incentives for cooperation and minimize the benefits of free-riding. For example, they focus on ways to enhance: o Transparency of international behavior o Monitoring capabilities so as to be able to identify violations o Enlist the help of NGOs and IGOs to negotiate, monitor and enforce agreements, etc. LNLI as applied to environmental politics: - Highlights and illustrates interdependence; - Highlights the need for international cooperation - Emphasizes the role of IGOs: o In reducing the transaction costs of environmental cooperation o in facilitating international environmental negotiation and agreements, o in monitoring state behavior and eventually sanctioning violators o in raising global awareness about environmental problems.

Realism:

The key assumptions/tenets of Realists include: - The international system is anarchic: there is no one global ruler that creates all rules and enforces them; - In an anarchic system, every player is suspicious of the other players and looks out for itself; - In the absence of an enforcer, no one can be sure that pacts and agreement will be respected: thus there is little incentive in an anarchic system for cooperation; - The history of the international system is primarily one of conflict not cooperation; - Lasting cooperation among parties is unlikely unless it is actively promoted by a hegemon (i.e. a very powerful state) who takes it upon itself to promote cooperation on a given issue. - States are the key actors in international relations. Non-State actors, such as IGOs, businesses and NGOs are marginal players. - International law has little effect on state behaviors: their top priority is to pursue their own interests. They will rather violate international law than go against their own interests. - Power (economic, military), its pursuit and its exercise are the key factors in shaping state behavior the international relations paradigm and aspects of global cooperation on environmental matters: o POWER, a key factor according to the realists, can play an important role in the negotiation of environmental treaties, in persuading other countries to comply with them, etc. o Environmental issues are increasingly affecting the ECONOMY of countries as well as their NATIONAL SECURITY, two key aspects of Realist politics.

"State sovereignty":

a state is free to act as it wishes within its territory and with regards to its own citizens.

stages of the creation and entry into force of treaties

a) negotiation b) signing c) ratification d) entry into force

Nation States

among the most powerful actors in GEP key roles: - Debating and enacting domestic environmental laws and regulations, - Signing and ratifying international treaties, which become binding on each state that signs and ratifies them; - Enforcing domestic and international laws within their territories and on their citizens and businesses, - Creating new IGOs or joining existing ones, - Funding environmental programs and NGOs States from the North and the South (wealthy countries and developing countries) often hold different positions on environmental issues. This tends to be reflected in the formation of to two coalitions: the so-called global north (wealthy countries) and global south (developing countries).

Leading International relations paradigms

assist us in our efforts to understand why countries and other international actors sometimes cooperate on environmental issues and other times don't. These I.R. paradigms rest on different assumptions about how the international system works. They comprise different views as to which are the most important explanatory factors.

Rachel Carson

author of Silent Spring, 1962

The concept of "State Consent"

consistent with the principle of the sovereign equality of states, a state must give its consent to be bound by an international rule. If it does not give its consent , it is not bound by that rule. By signing and ratifying a treaty a state consents to be bound by the provisions of that treaty.

The challenges of "WICKED PROBLEMS"

"Wicked Problems" is the term often associated with problems that do not easily evoke the necessary cooperation and thus are intrinsically very difficult to solve. Environmental problems are a clear example of wicked problems. Definition of wicked problems: "Wicked problems" can be defined as problems that are characterized by: o Long-term horizons: any benefits from solving the problem will only be enjoyed far into the future; o Short term costs: The sacrifices and costs associated with the solution to the problem are to be borne in the short term, almost immediately; and o Significant uncertainty: There is considerable uncertainty about the precise severity and timing of the consequences of the problem, as well as the exact impact of the solutions necessary to solve it. Based on this definition, it is clear that most of the global environmental problems we study in this class can be considered "wicked problems".

global environmental facility

"world bank" takes $ from first world developed countries and loans it to developing countries (at very low interest rates) giving it to projects - tends to be more envi conscious lately

Examples of international environmental regimes:

- Climate change regime - Biodiversity regime - Ozone layer protection regime (or ozone depleting substances regime) one of the most successful regimes EVER - Endangered species regime - Hazardous substances/toxic waste regime.

The Assets that Private Businesses can use to influence regimes (4) (environmental regime formation)

- Financial resources: they can buy advertising space; they can donate money to political campaigns; they can fund research and publications. - Knowledge: They have substantial knowledge and expertise about the particular issue. - Organizational skills: They tend to have significant organizational experience and capabilities; - Political access: large companies and trade associations usually have access to policymakers and can exercise at least some political leverage; they also maintain close relationships with government agencies and government regulators; leaders of multinational corporations tend to gravitate in the same circles as policymakers and top elected officials.

FIVE important ways in which NGOs can exercise influence on regime formation/the negotiation process:

- Monitoring compliance by states: they can monitor state behavior and "name and shame" states who violate environmental agreements they have ratified; - Raising public awareness, sometimes through more or less aggressive actions, demonstrations, performances. - Providing information and promoting solutions/proposals: they can add often overlooked issues (e.g., environmental justice, indigenous community rights) , contribute to the drafting process, etc. as the IUCN did with the Convention on Biodiversity. - They can push for more transparency: they can ask for daily reports on negotiation progress (or lack thereof). Transparency creates accountability and results in even greater opportunities for civil society to follow the negotiation process and intervene when deemed necessary. - NGOs design side-events outside the main conference rooms: o NGOs often organize "parallel conferences" that see the participation of indigenous communities and other actors usually at the margins of the international decision-making process. These side events can include special panels and educational performances. o NGOs can organize protests outside meeting locations: these protests have involved drown-ins, performances with gas masks, performing art exhibits, penguins, polar bears, etc.

key actors in Global Environmental Governance (GEG) and International Regimes include:

- Nation States; - IGOs (including Treaty Secretariats, which are special type of IGO); - NGOs/civil society - Private businesses/Corporations - Scientists/Epistemic Communities - The public - The media - Important individuals (including activists and political leaders)

Why do private businesses/industries/trade associations sometimes support environmental regimes?

- Preemption of even more restrictive regulations: If the contemplated international regime is expected to preempt even more restrictive national regulations that, in the absence of an international treaty/protocol, may be passed by the local/domestic authorities; - Leveling the playing field: When the international restrictions are expected to be substantially similar to already existing domestic regulations: to compel foreign competitors to comply with rules that the particular business is already subject to. This allows the affected business to "level the playing field"; - When the private business has already developed the technology necessary to comply with a potential new regulation: it has an advantage over its competitors if the technological development is made obligatory on all other businesses; - Business opportunity: If the business is involved in producing goods and services that are substitutes (more environmentally friendly) for the ones being heavily regulated by the regime; - Brand management or enhancement: To enhance the private company's reputation and appeal to two categories of people who are very important to the company's wellbeing: o Consumers, who might be environmentally sensitive and therefore prefer to buy products made by environmentally responsible companies; o Shareholders, who may prefer to invest in shares of environmentally responsible companies; - "Corporate culture/ideology": Because the leadership of the company (and maybe its corporate culture as a whole) is inspired at progressive environmental ideals.

most important IGOs in Global Environmental Politics

- The United Nations as a whole. - In addition, within the UN, the following programmes and agencies are very relevant for international environmental politics: o The UNEP, created in 1973 pursuant to the decision made at the 1972 UN Conference on the Human Environment in Stockholm. o The FAO, the Food and Agriculture Organization, headquartered in Rome. Agriculture and fishing have a very profound impact on the environment. o The World Health Organization (WHO) is very involved in activities aimed at protecting human health and the environment. o The WMO (World Meteorological Organization) is very active in climate change mitigation efforts. The WMO together with the UNEP created the IPCC. o The IPCC: Intergovernmental Panel on Climate Change plays a crucial role in collecting scientific data about climate change, including its current effects, prepares forecasts about future consequences and recommends possible solutions. All this is disseminated to the member states and the public at large. - The European Union (EU): its growing involvement with environmental matters has made it one of the most powerful actors in global environmental politics. The EU imposes on its member states a vast array of complex and strict environmental laws and regulations. - Treaty secretariats that help administer various MEAs (Multilateral Environmental Agreements).

Factors that facilitate NGO and Private Business participation in global environmental governance:

- The accreditation system for NGOs and Private Businesses: the organizers (usually IGOs, including treaty secretariats) of international environmental conferences (including COPs and MOPs) have the power to grant selected NGOs and Businesses preferential access to certain international conferences. This selection process is called "accreditation". The accredited NGOs and Businesses are allowed to participate in important decision-making sessions. Often they are invited to join committees, panels and technical working groups so that they may contribute their expertise, ideas and suggestions. These are very valuable opportunities for NGOs and Businesses to influence the outcome of the process. 3000 NGOs and business organizations have been generally accredited by the UN so far. - Some MEAs explicitly assign a role to NGOs or other Non-State Actors: in some cases, MEAs specifically mention Non-State Actors as important participants to be consulted in the implementation of a treaty: for example, the "observers" who are invited to participate in the implementation of the CITES and the non-sate actors mentioned in the Migratory Species Convention.

As we said, each of these international environmental regimes (IER) usually has at its core an international treaty (MEA). Here are some more examples:

- The climate change regime is supported by ("anchored" to) an international treaty, the 1992 UN Framework Convention on Climate Change (UNFCCC). - The desertification regime is "anchored" to the 1994 UN Convention to Combat Desertification (UNCCD).

DOMESTIC POLITICAL AND ECONOMIC FACTORS: (IMPORTANT NOTE: you need to be able to describe and explain the three sets of factors but do not need to remember all the specific historical examples mentioned after each item. You should be able to (i) describe these three sets of factors and explain how they affect state behavior and (ii) provide one example for each).

- When vital economic interests are threatened by environmental regulations: National economic interests may induce a state to oppose an environmental regime. If the activity or the product that would be regulated by an international regime is an important component of that state's national economy, the government is likely to oppose the regulation and even act as a veto state. - When powerful special interest groups oppose a specific regime: local special interest groups (SIGs) can have a disproportionate influence on political decision making and manage to sabotage any participation by that state in a specific international environmental regime. - The interests of powerful state bureaucracies: branches of government and state bureaucracies can also may have their own interests and resist or support international regimes: o The US Department of Agriculture typically resists the banning of methyl bromides (discussed with respect to the Ozone protection regime) because the department represents the interest of US farmers and agriculture businesses who rely heavily on methyl bromides for pest control. o The US Departments of Agriculture, Interior and Commerce objected to the White House's active role in promoting the Ozone protection regime. The opponents of the Ozone protection regime went as far as questioning the scientific evidence (in part produced by US agencies) used to support the regime. - When there are no vital economic interests at stake or powerful special interest groups: The absence of important national economic interests or powerful lobbies on an issue make it easier for a government to support a specific regime: o In the US there have not been powerful special interest groups pressuring the federal government to oppose the regimes restricting ivory trade and whale hunting. - The influence of local environmental groups: The presence of a strong environmental movement tends to make a national government more sensitive to the need for effective environmental regimes: o In the US, as we can see from the ongoing 2020 campaign, environmental issues can have an important impact on voting preferences; o In Europe, the rise of "Green Parties" (in Germany, etc.) gives them significant influence over their government's position on environmental regimes. - The ideology and the belief system of local political leaders: o President Clinton (and his Vice President Gore) and President Obama believed the US had a responsibility to lead the environmental movement and tended to support the creation, implementation and expansion of environmental regimes. o Presidents George W. Bush and Trump would appear to hold the opposite view.

Under the CBDR principle, developing countries often enjoy the following advantages in international environmental regimes ("IERs"):

- different (less strict) environmental obligations apply to developing countries than to wealthier ones. These include: o more modest limitations/restrictions; and o more time to implement the restrictions/obligations (i.e., longer phase-out/implementation schedules); - wealthy countries commit themselves to transfer technology to developing countries to assist them achieve their environmental targets; - Wealthy countries commit themselves to financially support developing countries' environmental efforts.

The usual components of an international environmental regime

- multilateral environmental agreement (MEA); - Intergovernmental Organizations (IGOs) including Treaty Secretariats which are a special genre of IGOs; - Soft law, Norms/Standards of acceptable behavior; - International actors that are affected by that issue, such as states, IGOs, NGOs, businesses, specialized scientists, etc.

KEY OBLIGATIONS of members of the UN:

1) To comply with the UN Charter a. In particular, to refrain from the use of force (except in self defense or if authorized by the UN Security Council) and to settle disputes peacefully. 2) To comply with Resolutions of the UN Security Council: they are binding on all members 3) To respect the decisions of the International Court of Justice (World Court) 4) To pay their dues as assessed by the UN General Assembly

why do countries comply to treaties/international laws/etc?

1. Common Good Reason: if you sign treaties in the first place you reached out to solve the problem so why break it? 2. culture of lawyers 3. flexibility of international law: you can look for interpretational loopholes 4. Reciprocal treatment: an implied threat, country that doesn't comply then someone in another treaty decides they dont want to comply to that cuz of reciprocity losing credibility - lose public opinion support (these things are v important to power of country they are afraid to lose these things) 5. legal issues: economic sanctions to punish a country you can sue the country - go to the world Court you can mobilize your military as well (v aggressive act tho)

TOOLS used by Lead States to persuade others to join (or oppose) and international environmental regime: One can identify at least seven types of tools used by lead states to induce others to join/support (or oppose) a regime. (you need to be able to describe each "tool" but do not need to remember all the examples mentioned after each item, as long as you understand how the particular "tool" works).

1. Funding scientific research and publicizing the findings: - Canada led with research re POPs (Persistent Organic Pollutants); - The US (NASA) and UK scientists carried out important research (and publicized it) regarding the effects of Ozone depleting gases. 2. Influencing public opinion in target states as well as international public opinion in general: - Canada distributed pamphlets to US tourists visiting their country showing the effects of acid rain. 3. Using their political clout to induce IGOs to identify the particular problem as a serious one and make it a global priority: - The US and Canada did this with the OECD (Organization of Economic Cooperation and Development) to promote consideration of the ozone depletion issue; - African countries pressured the UN to put desertification at the center of the international agenda; - Sweden and Canada pressured a variety of IGOs on the issue of POPs; 4. Working with NGOs who share similar environmental concerns: - AOSIS (Alliance of Small Island States) used NGOs to promote their demands that quantitative limits on Greenhouse Gas emissions should be included in the Kyoto Protocol. 5. Taking a variety of economic and diplomatic initiatives (diplomatic persuasion) to persuade a veto or reluctant state; - The US did it with Japan with regards to the regulation of elephant ivory trade 6. Promising financial and technical assistance: - Wealthy countries did it in the negotiation of the 1987 Montreal Protocol (Ozone); - They also did it in the negotiation of the 2001 Stockholm Convention on POPs. 7. Leading by example: - Especially the largest/most powerful states can exercise significant influence by simply taking the initiative and showing the way to others. Examples are: • The US on climate issues during the Presidency of Barak Obama years; • Now the EU and China are taking the lead and showing the way with respect to the strengthening of the climate change regime.

important GLOBAL CONFERENCES

1972 Stockholm Conference: the United Nations Conference on the Human Environment (UNCHE) 1992 Earth Summit in Rio de Janeiro: United Nations Conference on the Environment and Development (UNCED); 2002 (Rio+10) Johannesburg World Summit on Sustainable Development); 2012 (Rio+20) United Nations Conference on Sustainable Development;

important regimes to know

1973 CITES (Convention on the International Trade in Endangered Species) signed in Washington DC; Ozone layer protection: o 1985 Vienna Convention for the Protection of the Ozone Layer o 1987 Montreal Protocol on substances that deplete the ozone layer Hazardous waste and toxic chemicals (often referred to as the BRS conventions): o 1989 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal; o 1998 Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade ("PIC") o 2001 Stockholm Convention on Persistent Organic Pollutants (POPs) Climate Change: o 1992 UNFCCC (UN Framework Convention on Climate Change) o 1997 Kyoto Protocol to the UNFCCC o 2015 Paris Agreement to the UNFCCC (aka Paris Climate Accord) Biodiversity: o 1992 Convention on Biological Diversity (CBD) o 2000 Cartagena Protocol on Biosafety to the CBD o 2010 Nagoya Protocol on "Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization" to the CBD Desertification: o 1994 UN Convention to Combat Desertification, UNCCD, signed in Paris in 1994. The official name of this convention is "United Nations Convention to Combat Desertification in Those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa." 2013 Minamata Convention on Mercury.

UNCHE (united nations conference on the human environment) stockholm conference 1972

1st big global conference on the environment one of the most important envi conventions

What are the key factors that determine whether a state will support or oppose the creation and/or strengthening of an international regime? (IMPORTANT NOTE: you need to be able to describe and explain the three sets of factors but do not need to remember all the specific historical examples mentioned after each item. You should be able to (i) describe these three sets of factors and explain how they affect state behavior and (ii) provide one example for each).

A - DOMESTIC POLITICAL AND ECONOMIC FACTORS: B - A COMPARATIVE ASSESSMENT of the costs of doing nothing (bearing the impact of the environmental problem) and the costs of new regulations/restrictions (supporting the regime): C - INTERNATIONAL POLITICAL AND DIPLOMATIC considerations

Lead state (or lead state coalition): with respect to international regime negotiation, formation and strengthening:

A lead state is a state that is fully invested in promoting the regime, takes the lead in drafting the relevant agreements and in recruiting additional participants; Usually a lead state has the capacity to rally other states to the cause, and can exercise significant political and economic clout.

How do negotiators sometimes use the domestic political pressures they are under to obtain concessions from foreign negotiators?

A technique often used by diplomats in environmental negotiation is to leverage internal/domestic factors to obtain more favorable terms at the international negotiating table. Given that everyone is aware of the influence of special interest groups and domestic political pressure, the diplomats often blame these domestic pressures to try to exact better conditions in their international negotiation. They try to persuade other countries to grant them more favorable terms by saying: "We need more lenient (or aggressive) terms to satisfy our domestic constituency. If we don't get a better deal, this international agreement won't pass muster back at home. I won't be able to sign onto it or, even if I do, it won't be ratified."

Treaty entry into force

A treaty enters into force (i.e., becomes effective and binds all those who have signed and ratified it) when a sufficient number of states has ratified it. The required number or percentage of signatories is indicated in the treaty.

Sustainable Development Goals (SDGs)

A universal set of goals, targets and indicators that UN member states are expected to use to frame their agendas and political policies over the next 15 years. included in Agenda 2030

Veto state (or veto coalition): with respect to international regime negotiation, formation and strengthening:

A veto state is a state that opposes the regime and does not want it to be created (new regime) or strengthened (existing regime); To be a "veto" state it must have a significant capacity to affect the success of the regime, because it engages heavily in state activity which the regime is trying to curtail. Without that state participating in the regime (i.e., agreeing to the limitations) the regime would have little impact on the environmental problem that it is trying to resolve. The regime would be very weak if not completely ineffective. For example: an international regime protecting whales would make little sense without the participation of the largest whale hunting states (Japan, Scandinavian countries, etc.). If one or more of these states opposes the formation of an international whaling regime, that state, or coalition of states, would be deemed a veto state (or a veto coalition). in 1987, an international regime to protect the ozone layer without the Europeans would have made little sense since Europe was responsible for 40% of the global production of ODS (Ozone Depleting Substances). The veto state opposes the creation or strengthening of a regime and is usually heavily involved in trying to recruit other states to oppose the regime.

V - Regime Review and Strengthening THE FIVE KEY PHASES OF REGIME DEVELOPMENT

After the signing of the main agreement(s), the parties continue to review and monitor progress, new scientific data and other developments and, as they do so, they may (they usually do) agree to strengthen the rules and obligations originally agreed to. This is an ongoing process, usually overlaps with the "implementation" phase and involves continued and updated fact finding. The most important element of this "regime strengthening" phase is the periodic COP (Conference of Parties), sometimes called MOP (Meeting of Parties). COPs and MOPs are provided for in the original convention. These COPs/MOPs are usually convened every year or couple of years. The terms COP and MOP refer to substantially the same thing. The "regime strengthening" actions that can be agreed to during a COP/MOP usually fall into one of three categories. The original treaty determines what kinds of things can be achieved during the periodic COPs/MOPS: 1. NEW TREATY: The COP can adopt a new treaty, which then has to be ratified by the signatories. This is usually called a Protocol: o This can be referred to as the "Framework convention-Protocol structure." The original treaty is rather vague and lacks significant, detailed obligations. It is then followed by COPs/MOPs and at one of these meetings, the parties to the Convention agree to a new, more committing and detailed treaty, and call it a Protocol. This format can take a lot of time: The 1992 UNFCCC (UN Framework Convention for Climate Change) was followed by the Kyoto Protocol five years later, in 1997 However, the delays that often characterize this format are the price of getting "some" deal done, which is better than no deal. 2. Formal amendments to the old treaty: The COP can formally amend the original treaty/convention according to the amendment provisions in the treaty o This may require a "consensus" of all parties to the treaty, or the vote of a majority of the parties, usually a supermajority of 2/3 (as in the CITES) or ¾ (as in the International Whaling Commission, the decision-making body of the Whaling Convention). Often, but not always, these amendments also require additional ratification by the individual member states (this depends on their domestic laws regarding ratification). o Examples of the kind of amendments that could be added to environmental conventions and arising from a COP: Adding new chemicals to the list of those covered by the Ozone protection regime In the CITES (Convention on International Trade of Endangered Species), adding certain species to the most restricted/protected category (also called "uplisting"). Going from partial restrictions to a full moratorium on commercial whaling under the Whaling Convention. o Sometimes the original treaties grant parties the right to "opt out" of possible future amendments agreed during COPs/MOPs. These opt out provisions help get countries to sign onto the original treaty, but they create the risk of growing confusion in the implementation of a regime in which different actors have different obligations. 3. Changes that do not require amending the original treaty: The COP can mandate important changes without triggering the requirement for a formal amendment procedure, nor the creation of a new Treaty/Protocol: o The COPs of many environmental regimes are allowed to make binding decisions with respect to selected matters as long as they do not alter the text of a treaty or violate its provisions. o Sometimes these decisions are taken by consensus (i.e., agreement of all parties at the COP) other times a supermajority is sufficient. o Examples of COP-driven changes/additions not requiring additional Protocols or amendments to the treaty: The Ozone protection regime: • The MOP of the Montreal Protocol can adjust phase-out target dates and timetables for substances already covered by the Protocol (usually the decisions are made by consensus but in some cases they can rely on simple majority if needed); • Adding a new substance to the Protocol, on the other hand, would require an amendment to the treaty.

IPCC (Intergovernmental Panel on Climate Change)

Aims to provide comprehensive scientific assessments of current scientific, technical and socio-economic info worldwide about the risk of climate change caused by human activity founded 1988 by WMO and UNEP; leading institution for the assessment of climate change 1. monitors scientific literature 2. prepares reports AR1 through AR5 latest (AR5) was in 2014 next (AR6) will be in 2022

BRICS countries

Also referred to as the brics, Brazil, Russia, India, China, and South Africa are the fastest growing of the developing countries. With more than 3 billion people, they represent over 42% of the world's population and about 20% of the gross world product. largest growing developing countries of the past large up and coming consumers

International regimes

An international regime is a system of binding rules, soft law, institutions and other relevant actors that regulate or influence the behavior of states and other actors with respect to a specific issue. We thus can identify many international regimes in international relations, each "regulating" a different international issue. We have an international human rights regime, a nuclear non-proliferation regime, an international financial regime, etc. In Global Environmental Politics (and Global Environmental Governance) we have many international regimes, each covering a different environmental problem.

The 2015 UN Sustainable Development Summit

At the 2015 Summit, the member states of the United Nations agreed on 17 Sustainable Development Goals (SDGs) to be achieved by 2030: "The Sustainable Development Goals are the blueprint to achieve a better and more sustainable future for all. They address the global challenges we face, including those related to poverty, inequality, climate, environmental degradation, prosperity, and peace and justice. The Goals interconnect and in order to leave no one behind, it is important that we achieve each Goal and target by 2030." GOALS: - Poverty - Goal 1: End poverty in all its forms everywhere - Hunger and food security - Goal 2: End hunger, achieve food security and improved nutrition and promote sustainable agriculture - Health - Goal 3: Ensure healthy lives and promote well-being for all at all ages - Education - Goal 4: Ensure inclusive and quality education for all and promote lifelong learning - Gender equality and women's empowerment - Goal 5: Achieve gender equality and empower all women and girls - Water and Sanitation - Goal 6: Ensure access to water and sanitation for all - Energy - Goal 7: Ensure access to affordable, reliable, sustainable and modern energy for all - Economic Growth - Goal 8: Promote inclusive and sustainable economic growth, employment and decent work for all - Infrastructure, industrialization - Goal 9: Build resilient infrastructure, promote sustainable industrialization and foster innovation - Inequality - Goal 10: Reduce inequality within and among countries - Cities - Goal 11: Make cities inclusive, safe, resilient and sustainable - Sustainable consumption and production - Goal 12: Ensure sustainable consumption and production patterns - Climate Change - Goal 13: Take urgent action to combat climate change and its impacts - Oceans - Goal 14: Conserve and sustainably use the oceans, seas and marine resources - Biodiversity, forests, desertification - Goal 15: Sustainably manage forests, combat desertification, halt and reverse land degradation, halt biodiversity loss - Peace, justice and strong institutions - Goal 16: Promote just, peaceful and inclusive societies - Partnerships - Goal 17: Revitalize the global partnership for sustainable development

The 2000 UN Millennium Summit:

At this summit the member states of the Un agreed on 8 MDGs (Millennium Development Goals) to be achieved by 2015: "In September of the year 2000, leaders of 189 countries met at the United Nations in New York and endorsed the Millennium Declaration, a commitment to work together to build a safer, more prosperous and equitable world. The Declaration was translated into a roadmap setting out eight time-bound and measurable goals to be reached by 2015, known as the Millennium Development Goals, namely: 1. Eradicate extreme poverty and hunger 2. Achieve universal primary education 3. Promote gender equality and empower women 4. Reduce child mortality 5. Improve maternal health 6. Combat HIV/AIDS, malaria and other diseases 7. Ensure environmental sustainability 8. Develop a global partnership for development."

OTHER sources of international law. (ie NOT Customary law, General principles recognized by civilized nations, and Court decisions and legal scholars' writings)

Binding decisions and resolutions of certain IGOs to which a particular state belongs: o The Resolutions of the UN Security Council are binding on all members of the UN (in accordance with the UN Charter that each member signed when it joined the UN); o The decisions of certain organs of the EU are binding on all members of the EU.

the principal "natural resource protection" regimes:

Biological diversity regime: to preserve biodiversity, The endangered species regime: protecting endangered species, Forest protection regime: protecting and restoring forests, Regime to combat desertification: stopping and reversing desertification, The whaling regime: protecting whales and regulating whale hunting, The fisheries regime: regulating the exploitation of fisheries.

MEAs and International Law

Both Conventions and Protocols are examples of MEAs, i.e., Multilateral Environmental Agreements. Both are legally binding agreements, i.e., they are "HARD LAW". Even "FRAMEWORK CONVENTIONS," which tend to contain fewer obligations/restrictions and more generic provisions are legally binding on those who have ratified them. PROTOCOLS, which are usually negotiated and signed a few years after the original framework convention, are also legally binding on those who have ratified them. Protocols tend to contain more obligations/restrictions and more detailed provisions. Examples: - The 1992 UNFCCC (UN Framework Convention on Climate Change) was signed in Rio de Janeiro during the 1992 Rio Earth Summit (aka UN Conference on the Environment and Development, UNCED). Five years later it was followed by o the 1997 Kyoto Protocol on climate change. - The 1992 UN Convention on Biological Diversity (aka 1992 UN CBD) was also signed in Rio. It was followed by: o The 2000 Cartagena Protocol on Biosafety (living modified organisms) o The 2010 Nagoya Protocol on Access and Benefit Sharing (access and exploitation of genetic resources). States are sovereign entities. They have to give their CONSENT to be bound by MEAs. They do it by signing and ratifying the MEAs.

Methods/tools used by private businesses to influence the outcome/formation of international regimes

Businesses use tools that are similar to some of the tools used by NGOs: - Lobbying: o businesses and trade associations lobby national policymakers so that, in international negotiations, they promote business friendly positions; o businesses and trade associations lobby international organizations, participate in international conferences, to ensure that international agreements are not too burdensome on private businesses; - Trade associations finance and promote research that will support their positions; - Business representatives who are allowed to attend environmental conferences, COPs and MOPs can contribute their ideas and advance their proposals. - Businesses also organize side events at conferences, to promote the need to consider economic/trade/business factors in designing new environmental regulations.

5 permanent members of the UN Security Council

China, France, Russia, UK, US have veto power - which is HUGE

agreements in treaties calling for periodic meetings of the parties to the treaty called.....

Conferences of the Parties (COPs) or Meetings of the Parties (MOPs) The parties agree to meet periodically (every year, 2 years, 5 years, etc.)

Coalition formation:

Countries join together to enhance their leverage in the negotiation process, and form "coalitions".

Court decisions and legal scholars' writings:

Decisions by the same ICJ (World Court) or other courts addressing the same issue, can be subsidiary sources of inspiration for judges deciding a case. The closer the precedent's similarity to the case at hand (and the more "important" the court that expressed such a precedent), the more influential the precedent will be. Writings of famous jurists can also be relied upon by a court for guidance but only as a "subsidiary" source of law." Priority is given to treaties and customary law.

THE FOUR KEY OBLIGATIONS of the parties to the CBD (the obligations of the parties)

Develop and publish national strategies, plans and programs for the conservation and sustainable use of biological diversity (National Biodiversity Strategy and Action Plans: NBSAPs). The NBSAPs are "the principal instruments for implementing the Convention at the national level." incorporate conservation and sustainable development concepts into the country's economic development policies. Inventory and monitor biodiversity within the country. Preserve indigenous conservation practices.

Coalitions among developing countries:

Developing countries often share an interest in not allowing environmental regulation to hinder their economic development efforts. Here are some examples of the coalitions established among groups of developing countries: - The Non-Aligned Movement and the Group of 77 (G77) in the 1970s, tended to support international trade policies and UN initiatives favorable to the developing world; - The BRICs are large, fast growing economies: they include Brazil, Russia, India, China. They are now the largest "emerging economies" and they sometimes act together on the international economic negotiation scene; - BASIC is the most relevant for international environmental politics: this is the recently-formed coalition of Brazil, South Africa, India and China on matters relating to climate change. This coalition has recently begun to show some support for climate change mitigation efforts. - AOSIS (Alliance of small island states): It includes more than 40 countries which, due to their geographic position and low-lying topography, are very vulnerable to the consequences of climate change, especially rising sea levels.

"boomerang model of NGO advocacy" in authoritarian states

Environmental NGOs' capacity to influence their government's attitude towards environmental regime creation/strengthening may depend on whether the government is democratic or authoritarian. The "BOOMERANG MODEL" is an approach to environmental advocacy used by some NGOs in authoritarian countries: - NGOs in countries under authoritarian regimes have little political space, they often have to rely on their transnational advocacy networks (TANs). They ask foreign affiliates to raise certain issues with the foreign democratic government of their country, hoping that their foreign democratic government will pressure the authoritarian regime where the NGO is located to promote/support those environmental issues. This is referred to as the "boomerang model" of international environmental advocacy.

PUBLIC tends to be....

FICKLE: Public opinion, public attitudes and attention levels regarding the environment wax and wane

The different roles Nation States can play in regime creation and strengthening:

FOUR TYPES OF ROLES STATES CAN PLAY with respect to international regime negotiation, formation and strengthening: - veto state - lead state - supporting state - swing state International environmental regimes, which help regulate state behavior and facilitate cooperation with respect to a specific environmental issue, are supported by certain states and opposed by others.

UN Framework Convention on Climate Change (UNFCCC)

Framework - so this is a binding treaty that is vague, an outline of a major issue but doesn't have detailed rules one of the three conventions to be adopted at the Rio Earth Summit in 1992 establishes national greenhouse gas inventories of GHG emissions and removals for signatory countries COPs meet annually - the kyoto protocol (1997) and Paris Agreement (2016) were two protocols to come out of this framework

Swing state: with respect to international regime negotiation, formation and strengthening:

Has mixed interests and is sensible to inducements Is willing to vote for or against the regime depending on various factors including the concessions made to it by the two sides. It is usually not directly interested in weakening the regime

THE FIVE KEY PHASES OF REGIME DEVELOPMENT

I - Agenda setting and issue framing or definition II - Fact finding III - Regime Creation (preliminary meetings, negotiation, signing and ratifying, and coming into effect of the convention) IV - Regime Implementation V - Regime Review and Strengthening

Individual Leaders of IGOs in regime formation/strengthening

IGO leaders also play critical roles in facilitating and encouraging international environmental cooperation. The first two Executive Directors of UNEP, Maurice Strong (from Canada) and Mustafa Tolba (from Egypt) are examples of activist, energetic IGO leaders who did not limit themselves to administering their IGO but participated in the negotiations organized by their IGO: - Maurice Strong, a Canadian businessman-turned environmentalist, was assigned by the UN Secretary general the task of organizing the 1972 Stockholm Convention (UNCHE) and then was appointed the first ever Executive Director of the newly-created UNEP in 1972 (Ex. Dir from 1972 to 1975). - Mustafa Tolba, Executive Director from 1975 to 1992, very actively intervened in the negotiation of the 1985 Vienna Convention and the 1987 Montreal Protocol on ozone depletion. He was also critically involved in the creation of the IPCC (Intergovernmental Panel on Climate Change) in 1988. - Today, the Executive Director of the UNEP is Joyce Msuya, from Tanzania. She was elected recently after a management scandal forced her predecessor to resign.

actions that IGOs can take (international laws etc.)

IGOs facilitate international cooperation and coordination of efforts to address transnational problems. They provide States with a forum where they can meet, discuss and negotiate, agree to new initiatives, raise issues, etc. IGOs can also create international laws that are binding on their members, they can monitor member compliance, enforce rules, etc. The mandate (tasks and powers) of IGOs, their decision-making rules, their reach and their influence over state behavior, are determined by their constitutive documents, i.e., the treaty that creates them.

The role of IGOs in regime formation and strengthening

IGOs, including - and especially - Treaty Secretariats, facilitate regime formation and strengthening in the following ways: - They provide a forum for meetings of state representatives and the negotiation of environmental issues: o The forum is usually deemed "neutral" enough for most states to be able to participate without exposing themselves to foreign influence of the host country; o The IGO in question, whether the UN, UNEP, or a treaty secretariat, can efficiently organize the meeting, summon the invitees and make sure that as many as possible attend; o these meetings can be ad hoc, global conferences such as the UNCHE in Stockholm in 1972, or the Rio Earth Summit in 1992, etc. o the meetings can also be the periodic COPs/MOPs provided for by Multilateral Environmental Agreements (MEAs), such as COP21 of the UNFCCC that met in Paris in 2015 which gave birth to the Paris Climate Change Accord of that year. - The IGO facilitates negotiation: The IGOs usually employ specialized staff who can assist manage these meetings, facilitate the negotiation process, collect and distribute important technical, economic, scientific information during the course of the meetings; - The IGO can establish decision-making rules: at these international meetings of the parties to an IGO, such as the UN or the UNEP (or the parties to an MEA who are meeting as a COP) there are rules that have been previously agreed to by the parties, as to how decisions are made, the voting procedures, and how proposals are approved (e.g., unanimous vote of all parties, supermajority of 2/3, simple majority of 50% plus one, etc.). This makes it more likely that the meetings actually conclude with a concrete decision by the members of the IGO. - IGOs can make binding rules: some IGOs are given the power, in their charter, to make decisions that then become binding on all member states. An example is the EU who has broad powers vis a vis the member states of the EU. Another example is the UN Security Council, whose resolutions are binding on all UN members. - IGOs can monitor and enforce agreements: IGOs, such as some environmental treaty secretariats, can be granted the power to monitor compliance by member states and report on possible violations. In some cases, they can enforce the decisions of the IGO's organs.

IV - Regime Implementation THE FIVE KEY PHASES OF REGIME DEVELOPMENT

Implementation includes, as the word suggests, the carrying out of the commitments described in the international agreement(s) that regulate the particular environmental issue. Usually this requires each state to pass domestic laws and regulations for the implementation of the obligations and restrictions imposed by the international agreement.

Subnational Actors:

In addition to NATIONAL and FEDERAL governments, local, state and municipal authorities also participate in global environmental governance. Cities, municipalities, regions and provinces are playing a growing role. There is an increasing number of "pacts" (in the US and internationally) among cities, and among states (within the US): these pacts among "subnational political units" compensate for, and supplement the central government's unwillingness to support an environmental regime (or inability to do so because of domestic political opposition). These pacts among cities or states are also aimed at strengthening already existing global environmental regimes such as climate change, pollution, etc.

"Executive Agreement"

In some cases, countries do not need to ratify a treaty to join and be legally bound by it. In the US, for example, there are situations in which the US President can bind the US to an international treaty through an "Executive Agreement" (singed by the President) that does not require ratification.

Treaty ratification by the states that signed the treaty (the signatories)

In the US, ratification requires a favorable vote by at least 2/3 of the US Senators followed by the signature of the US President. If the US Senate refuses to approve the treaty by the required majority, the US remains out of it (and is not bound by it) until the Senate approves it. This has happened often to environmental and other treaties.

Does it make a big difference that the US is not a party to the CBD?

In the past, the argument used to be that the US already had domestic laws that protect biodiversity and thus does not gain much from joining a global convention on biodiversity. During the tenure of US administrations that are sensitive to the biodiversity issue, such as the Clinton and Obama presidencies, this may be a valid point. It is less valid when the administration in charge of environmental policy, including biodiversity preservation, is less environmentally friendly, as is the case of the administration of President Trump. The Trump administration - and in particular the EPA and the Department of Interior - have taken a variety of initiatives that roll back biodiversity protection.

Examples of State roles and attitudes toward a particular regime changing over time:

International regime for Mercury o US went from veto state, for many years, to lead state under President Obama International regime for Climate Change: o Canada went from lead or supporting state to veto state, under conservative Prime Minister Steve Harper, and back to lead state now under liberal PM Trudeau o US went from lead state under Obama to veto state under Trump International regime for Ozone depletion prevention: o China and India were swing states, then became veto states and leaders of the veto coalition comprising many developing countries. This veto coalition stopped opposing the effort to regulate ODSs and eventually allowed the Ozone treaty to pass because wealthy countries promised financial and technological aid.

different types of international agreements and arrangements (2)

International treaties (aka HARD LAW): - "Framework conventions" - Protocols NON-binding agreements, statements of objectives, declarations (aka SOFT LAW)

who was the first director of UNEP

Maurice Strong, a Canadian businessman-turned environmentalist, was assigned by the UN Secretary general the task of organizing the 1972 Stockholm Convention (UNCHE) and then was appointed the first ever Executive Director of the newly-created UNEP in 1972 (Ex. Dir from 1972 to 1975).

which director of UNEP was very involved in the negotiation of the 1985 Vienna Convention and the 1987 Montreal Protocol on ozone depletion as well as the creation of the IPCC

Mustafa Tolba, Executive Director from 1975 to 1992, very actively intervened in the negotiation of the 1985 Vienna Convention and the 1987 Montreal Protocol on ozone depletion. He was also critically involved in the creation of the IPCC (Intergovernmental Panel on Climate Change) in 1988.

How powerful is the influence exercised by the scientists on regime formation? (three arguments)

One argument suggests scientists are critical to the final regime outcome: international regimes form largely driven by the scientific data and recommendations of the scientific community. A second argument would be that politics tends to trump science: the science can be used, cherry-picked, manipulated, to support the political preferences of the main actors. In the end, regime outcomes are only in part driven by the scientific community and its findings. The most important factor is political bargaining and political compromise. A third argument would suggest that the amount of influence exercised by scientists on regime outcomes depends on the degree of political conflict associated with the particular environmental issue. If the issue is not highly divisive politically, science is likely to drive the process. If it is highly divisive, political bargaining is more likely to determine regime outcomes. For example, the UNCCD (Desertification Convention) was associated with low levels of political controversy and this left a lot of room for large scale participation by the scientific community, nomadic pastoralists, local women, local NGOs.

I - Agenda setting and issue framing or definition THE FIVE KEY PHASES OF REGIME DEVELOPMENT

One or more states, or IGOs, or NGOs bring the issue to the attention of the public, other states and IGOs. The goal is to direct the attention of the institutions and the public to a specific environmental problem and persuade them to make this a priority. Often agenda setting also involves publicizing scientific research and findings (see below).

Name the three International Relations Paradigms (or theories) discussed in class and in your textbook.

Realism Liberalism/Neo-Liberal Institutionalism Constructivism

The UN General Assembly (UNGA) POWERS: (their decisions are...)

Resolutions of the UNGA are not binding, they have the effect of recommendations - with a few exceptions soft law

Each international environmental regime covers a...

SPECIFIC INTERNATIONAL ENVIRONMENTAL ISSUE and comprises binding rules (usually contained in an international treaty or MEA), an international organization (that usually helps administer the treaty and related activities), "soft law" (i.e., influential but not legally binding norms that set general standards of what is acceptable behavior), and international actors (states, IGOs, NGOs, businesses, scientists) who are affected by or relevant to that particular environmental issue).

A KEY DILEMMA OF NEGOTIATORS: inclusiveness versus impact (III - Regime Creation (preliminary meetings, negotiation, signing and ratifying, and coming into effect of the convention) THE FIVE KEY PHASES OF REGIME DEVELOPMENT)

Should lead states and supporting states stick to their demands in order to maximize the positive impact of the regime being negotiated, even at the cost of losing the participation of veto states and maybe some swing states? OR Should lead states and supporting states agree to compromises that weaken the regime (reduce its "impact") but ensure the participation of a larger number of states, including the veto states? THREE different outcomes can result from different approaches to this dilemma: - A less inclusive regime: in the Kyoto Protocol of 1997, the lead states were able to develop a more "impactful" climate change regime, with more aggressive obligations, but the US eventually refused to participate (Pres. Clinton signed but the US Senate refused to ratify and President George W Bush pulled out); - A more Inclusive Regime: The 1985 Vienna Convention for the Protection of the Ozone Layer had few obligations and left most of the work to future Protocols, but had the benefit of high degree of inclusiveness (most countries signed it, including states who initially were part of veto coalitions). - No agreement at all: In some cases, you end up with no agreement and are unable to create a full-fledged global environmental regime, as was (is) the case with respect to the preservation of global forests.

THE STRENGTHENING OF THE BIODIVERSITY REGIME

Since the signing (in 1992) and entry into force (in 1993) of the Convention on Biological Diversity, the international community, and in particular the parties to the Convention, have continued to work at strengthening the biodiversity conservation regime. The key milestones in the strengthening of the biodiversity regime are: - The 2000 Cartagena Protocol on Biosafety; and - The 2010 Nagoya Protocol on Access and Benefit Sharing (ABS).

A COMPARATIVE ASSESSMENT of the costs of doing nothing (bearing the impact of the environmental problem) and the costs of new regulations/restrictions (supporting the regime): EXAMPLES

Some EXAMPLES: Some countries are directly exposed and very sensitive to particular ENVIRONMENTAL RISKS: they are therefore willing to accept the burdens that come with an environmental regime and support it: - The Alliance of small island states (AOSIS) was created in 1990 by 32 small islands who joined forces to pressure the international community to commit to GHG (greenhouse gas) emission reductions. These low-lying islands are the most immediately exposed to rising sea levels caused by global warming/climate change. - Sweden and Norway, whose lakes are particularly exposed to acidification from sulfur dioxide pollution (part of acid rain), pushed for the 1979 CLRTAP (Convention on Long range Transboundary Air Pollution); - Canadian territory, lakes, rivers and forests are particularly exposed to POPs (Persistent Organic Pollutants, which are highly polluting and can travel long distances). The POPs can be ingested by animals and humans. They bio-accumulate in the food chain and harm the local Inuit communities (See EES pages 303-305). EXAMPLES of the costs and benefits of new environmental for different nation states: The Ozone layer protection regime calls for the phasing out and, eventually, the banning of certain chemicals (Ozone Depleting Substances, ODS) because they deplete the ozone layer. For some countries (e.g., the US) renouncing these chemicals was less costly than for others: - the US had already taken the initiative - unilaterally - to reduce the use of ozone depleting substances such as CFCs. The international treaty would thus cost the US less than other countries which were further behind in weaning themselves from these substances. - The USSR, EU and Japan, at first, resisted the Ozone protection regulation because they were far behind and still dependent on certain soon-to-be-banned chemicals. - In the early 1980s, China and India were actually gearing up for a significant expansion in the production of CFCs and similar ozone depleting substances and would suffer significant economic costs if an international regime to phase out CFCs had come to life. They resisted the regulation until there were promised economic help to comply with it. - In the mid-1990s, the Ozone layer protection regime expanded to include the phasing out of new substances, methyl bromides. The US resisted this broader ban because its agricultural business was very reliant on methyl bromides as pesticides. Methyl bromides are used for pest control in shipping, and to fight weeds, fungi, rodents, roundworms, etc. in agriculture. o A compromise was reached that allowed exceptional use of methyl bromides to fumigate logs, grapes, certain strawberries, dry cured pork, and for quarantine fumigation. GHG (greenhouse gas) emission limitations - The EU supports GHG limitations. EU member states are net importers of fuel and could benefit from reducing their reliance on imported fuels. They have learned to live with lower emissions without hindering their economic growth. - Oil producing and exporting countries typically resist GHG emission limitations. The oil-rich Persian Gulf states such as Saudi Arabia, Iraq, Kuwait obviously have a very different set of interests when it comes to GHG emission limitations. Emission restrictions mean a reduction in the consumption of oil and gas, their main exports.

INTERNATIONAL POLITICAL AND DIPLOMATIC considerations

States may want to gain international prestige as lead state(s) on a particularly popular environmental issue. For example: - The People's Republic of China and the EU aspire to this leadership role today; - In the 1990s and the 2008-2016 periods, the United States took on this leadership role, under Presidents Clinton and Obama. State may want to avoid public criticism by appearing as the spoiler/veto state on a popular environmental issue. For example: - The US' reputation suffered when the US acted as a veto state in the negotiation of the 1992 CBD (Convention on Biodiversity). It's interesting to note that, at the time, the US claimed that Japan and Germany also secretly shared the US' views but let the US take the blame and acted as if they supported the regime on biodiversity. It was alleged that Japan and Germany did this to enhance their newfound role as part of the world's leading economies. States may wish to protect and enhance friendly relations with allies. For example: - France and the UK voted with many African countries on the Hazardous Waste Trade treaty in 1989. They were courting their former colonies' favor. - Japan agreed to elephant ivory regulations to avoid alienating its friends in the US and the EU.

NOTE: the role played by the same state can change over time with respect to international regime negotiation, formation and strengthening

States' roles and attitudes toward a particular regime can change over time. Thus a state which opposed a regime may become a lead state and vice versa. Often this is the result of domestic political changes within the relevant state. Sometimes it is the result of the negotiation process and of attractive concessions made by some of the parties

II - Fact finding THE FIVE KEY PHASES OF REGIME DEVELOPMENT

Studies are performed and published about the environmental problem, its consequences, the economic, social ethical issues involved. This is meant to create a baseline of facts and scientific findings, recognized by all, around which discussions can be had. Examples: o UNEP's role in gathering countries around a shared set of scientific findings to discuss what to do about POPs; o The IPCCC's role in collecting scientific data and setting the factual basis for the development of the climate change regime; o In the 1980s nation states and the scientific community raced to gather as much scientific information as possible before and during the negotiations for the Vienna Ozone Treaty (1985) and the Montreal Protocol of 1987

"RESERVATIONS" to treaties

Subject to certain exceptions, a state may add "Reservations" as it signs a treaty. Reservations can regard: (i) the exclusion or modification of a clause as it pertains only to that state ("reservations to exclude or modify") or (ii) a particular interpretation of a clause as it pertains to that state ("interpretive declarations"). Thus, while treaties bind all signatories to the same set of obligations, in some cases allowance is made for (small) variations in the kind of obligations that apply to the different parties to a treaty.

One regime is not anchored to any global convention: which is it?

THE FOREST REGIME. The Forest Regime comprises NON-BINDING norms/informal governance institutions/agreements, including: - The Statement of Principles for the sustainable management of forests (the "Rio Forest Principles); - the UN Intergovernmental Forum on Forests.

Structure of the United Nations THE SIX PRINCIPAL ORGANS OF THE UNITED NATIONS

THE SIX PRINCIPAL ORGANS OF THE UNITED NATIONS - The General Assembly - The Security Council - The Secretariat - The ECOSOC: Economic and Social Council. • It is active in socioeconomic matters and thus is also relevant for purposes of global environmental politics. • It does not have the power to impose legally binding resolutions on member states. - The ICJ (international Court of Justice) aka World Court - The Trusteeship Council: it used to assist in the management of former colonies. It is now inactive. Other UN agencies, departments and programmes (you don't need to memorize them but should be aware they exist): - 19 specialized agencies, established independently and then affiliated with the UN (and coordinated by the ECOSOC). These include the ILO (International Labor Organization), FAO, WHO, World Bank group, IMF (International Monetary Fund), WMO (World Meteorological Organization). - Programmes and Funds: which include the UNEP, the WFP (World Food Programme), UNDP (UN Development Programme).

Supporting state: with respect to international regime negotiation, formation and strengthening:

Tends to support the lead state(s)' efforts and are eager to join or strengthen the regime

CONVENTION ON BIOLOGICAL DIVERSITY ("1992 CBD")

The Convention on Biological Diversity was signed in 1992 and came into force on December 29th, 1993. 153 parties signed it at the time. Now, 196 parties have signed and ratified it. The United States: it is not a party to the CBD. It originally signed it but the US Senate did not ratify. The US Senate refused to ratify the CBD after President Bill Clinton signed it in 1993. The US is THE ONLY MEMBER OF THE UN who is not a party to the CBD.

IUCN (International Union for Conservation of Nature)

The IUCN (international Union for the Conservation of Nature and Natural Resources) keeps a list of species who are exposed to different degrees of risk. The IUCN's Red List lists species in ascending categories of danger as follows: o Least concern o Near threatened o Vulnerable species o Endangered species o Critically endangered species o Extinct in the wild o Extinct species

The 2000 Cartagena Protocol on Biosafety:

The Key obligation of the Cartagena Protocol is: Parties are to take precautionary measures to prevent Living Modified Organisms (LMOs) from causing harm to human health and the environment. "The Cartagena Protocol on Biosafety to the Convention on Biological Diversity is an international agreement which aims to ensure the safe handling, transport and use of living modified organisms (LMOs) resulting from modern biotechnology that may have adverse effects on biological diversity, taking also into account risks to human health." The Cartagena Protocol was signed in 2000, and came into force in 2003. Unfortunately, many producers of (genetically modified) grain did not join the Protocol. Only Uruguay ratified it among the largest grain producers. The veto coalition was mostly composed of large grain producers who stayed out of the Protocol: the United States, Argentina, Australia, Canada and Chile.

Indirect channel: (Channels of influence used by NGOs on regime formation/strengthening)

The NGO lobbies the government if its country, with the aim of influencing the positions that the government's representative will take at international conferences and in international negotiations.

Direct channel: (Channels of influence used by NGOs on regime formation/strengthening)

The NGOs can travel to and participate in international conferences and attempt to influence the negotiation process and its outcome directly. Among the opportunities for participation/influence during these conferences (including COPs and MOPs) are NGO-designated seats in certain specialized bodies that play important support roles such as: o The technical Working Groups o The scientific panels

BIODIVERSITY PROTECTION REGIME

The biodiversity protection regime aims at preserving biological diversity at different levels: from genetic material, microorganisms, plants, animals, all the way up to ecosystems and landscapes. Approximately 1.5-1.75 million species have been identified but the estimates are that there are probably between 8 and 13 million in total. These species live in and depend on ecosystems as diverse as forests, mountains, wetlands, deserts, rivers and oceans.

THREE KEY OBJECTIVES of the biodiversity regime and the CBD

The conservation of biological diversity The sustainable use of its components The fair and equitable sharing of the benefits arising out of the utilization of genetic resources.

A COMPARATIVE ASSESSMENT of the costs of doing nothing (bearing the impact of the environmental problem) and the costs of new regulations/restrictions (supporting the regime): (IMPORTANT NOTE: you need to be able to describe and explain the three sets of factors but do not need to remember all the specific historical examples mentioned after each item. You should be able to (i) describe these three sets of factors and explain how they affect state behavior and (ii) provide one example for each).

The costs of doing nothing: What are the environmental risks for the particular state? How exposed is that country to that particular environmental harm if the issue is not addressed? Essentially, what are the environmental consequences for that state of doing nothing? The costs of new regulations and restrictions: On the other hand, how do the above environmental risks compare to the economic and other costs of encouraging new environmental restrictions and limitations that would be imposed by that particular international regime? A state would consider the many additional burdens that typically come with a new regime or the strengthening of an existing regime: - the loss of economic freedom due to restrictions, prohibitions, regulations; - the missed opportunities for further economic development in areas that become banned or highly restricted; - the socio-economic impact of new restrictions - (in the case of wealthy countries) the costs of having to provide financial and technological assistance to other (developing) countries to induce them to join the regime.

particular challenges of NATURAL RESOURCE PROTECTION regimes:

The economic and political interests and therefore the priorities of the various countries are very different and this hinders cooperation and engenders conflict; There tend to be disagreements about the appropriateness of the application of the precautionary principle to natural resource protection regimes; Similar disagreements arise about the application of the CBDR principle (common but differentiated responsibilities): developed countries tend to resist the view that they are responsible for the poor management of natural resources in developing countries; In many cases, the resources being protected are located within a state and that raises issues of (A) sovereignty and (B) transboundary externalities (when activity or failure to act in one state harms others outside that state). How far can the international community go in restricting a state's rights to exploit or manage its own resources? Here are some examples of the difficult choice between sovereignty rights and the rights of the international community as a whole: o Should states have unlimited rights to harvest their forests even if the forests provide valuable ecosystem services to the entire world, such as harboring precious biodiversity or mitigating GHG emissions (acting as carbon sinks)? o Should states be under an obligation to responsibly manage their biodiversity because biodiversity loss harms the entire world (e.g., preempting the possibility of discovering new drugs or cures)? o Should individual states have unfettered control over endangered species inhabiting their territory, event though their extinction is a global concern? o Should the international community be able to impose its ethical perspective on selected countries with respect to the inhumane treatment of specific species of animals, such as whales, elephants or turtles? o The location of the natural resources to be protected creates particular complications. How do you protect resources: That are exclusively located inside one country (sovereignty issue); that straddle different countries or link faraway states (e.g., migratory species of birds and marine animals); that are beyond the territorial boundaries of any state, in the so called "commons," such as the high seas and the resources located therein (res communis omnium).

Key drivers behind the decline and extinction of species:

The five principal factors that directly causebiodiversity loss: o Habitat destruction o Climate change o Pollution (air, water and soil) o Invasive species that crowd out others o Overexploitation Underlying factors that indirectlycause biodiversity loss: o Demographic growth: the expansion of human population and the chain of consequences this produces; o Increasing per capitaconsumption, related to the rising global incomes. o The above two underlying factors (population growth and increased per capita consumption) drive increases in production/manufacturing/transportation/resource exploitation/waste, etc.

The NATO Treaty (IGO)

The main objectives of NATO: to defend the members of NATO from attack NATO's powers over the member states: the member states are obliged to come to the aid of a member who is attacked.

The UN Charter created the United Nations and specifies: (IGO)

The main objectives of the UN include preserving peace and security; socio-economic development; self-determination and other human rights; and, recently, environmental protection. The powers of the UN over the member states: The UN Security Council Resolutions can order states to do or not do certain things; The UN General Assembly (with a few exceptions) can only recommend and urge states to do or not do things; The UN's internal decision making procedures: "One state one vote" and majority votes for the UN General Assembly; 9/15 majority vote is required to pass a resolution at the UN Security Council and each of the 5 Permanent Members is given the power to veto decisions by the UN Security Council.

Interpretation of treaties (rules)

The rules of treaty interpretation (under the 1969 Vienna Convention on the Law of Treaties): These rules say that, if there is a dispute about the meaning of a clause or a term in a treaty, the following steps must be followed to reach a final decision as to the meaning of the provision in dispute: - First, rely on a literal interpretation of the disputed clause (the "ordinary meaning"); - If this does not resolve the issue, then look at the "purpose of the treaty" and interpret that provision in a way that is most consistent with the purpose of the treaty; - If these two approaches do not solve the interpretative dispute then one analyzes the legislative history (aka travaux préparatoires), i.e., the negotiation record, to understand what the drafters meant with respect to that provision.

The 2010 Nagoya Protocol on Access and Benefit Sharing ("ABS")

The tenth meeting of the Conference of the Parties (COP10) of the Convention on Biological Diversity was an eventful one. In addition to the Aichi Biodiversity Targets, the parties also agreed on a new protocol: "The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization" to the Convention on Biological Diversity (aka Nagoya Protocol on Access and Benefit Sharing). Developing countries had been demanding for some time the right to share in the benefits derived from the exploitation of genetic resources found in their territory. Genetic resources from plants, animals and microorganisms can be exploited by research laboratories, technology companies, chemical and pharmaceutical companies for research purposes, to produce cosmetics, medicines and other consumer products. Examples are the tree latex ingredients that may help with HIV or cancer, and the appetite suppressant derived from a South African plant. The Nagoya Protocol aims to curb what is often referred to as "BIOPIRACY," the unauthorized exploitation of genetic material found in developing countries by pharmaceutical, cosmetics and other businesses and researchers from wealthier countries.

key provisions in the Nagoya Protocol

There are three types of obligations under the Nagoya Protocol: - ACCESS: Provider nations (those where the natural resources are located) must set up a system for the fair and transparent regulation of access to the natural resources; - THE SHARING OF BENEFITS: the parties must ensure that benefits are fairly shared with the provider country and the relevant indigenous communities; - COMPLIANCE obligations: all parties must take action to facilitate the implementation of these provisions by cooperating to prevent or punish illegal use of genetic resources. This includes monitoring, tracking and enforcement activities.

"NATURAL RESOURCE PROTECTION REGIMES"

These regimes have a different focus from other regimes such as air pollution, ozone layer depletion, water pollution, energy (depletion and pollution), climate change, hazardous waste and toxic chemicals. One could think of the latter regimes as international efforts primarily aimed at mitigating, stopping or preventing noxious activities. The natural resource protection regimes, on the other hand, aim at preserving and restoring valuable natural resources and the ecosystems they depend on.

"issue-by-issue" negotiation of international treaties (or conventions)

This means that there is no one global environmental regime, governed by one global environmental treaty and administered by one global environmental organization. We have different international environmental treaties (MEAs, Multilateral Environmental Agreements) covering different environmental problems and administered by separate international organizations.

growing importance of TREATY SECRETARIATS

Treaty Secretariats administer MEAs on behalf of the all the parties to the MEA. They organize meetings (COPs and MOPs), coordinate the collection of scientific data and disseminate it among members, monitor compliance, publish reports, raise new issues, facilitate negotiation and communication among members and with other IGOs, etc. Note that, with the growing number of MEAs, the role of each MEA's TREATY SECRETARIAT has expanded. Substantially all of the MEAs call for periodic meetings of the parties (COPs or MOPs) and this gives treaty secretariats more power. The treaty secretariats now typically carry out a variety of tasks that are essential to the implementation and strengthening of international environmental regimes, including managing and coordinating the COPs/MOPs.

General principles recognized by civilized nations

Typically these general principles are those that are present in (almost all) the domestic legal systems of advanced countries. For example: the right to a fair trial; the right to challenge witnesses against you; the right to a neutral judge (i.e., different from the prosecutor); etc.

ECOSOC

UN Economic and Social Council. Promote improved living standards, health, education, etc. conducts analysis, global norms and advocates for progress per to impose legally binding resolutions on member states

important role of UNEP (United Nations Environmental Programme) in regime formation/strengthening

UNEP was established at the end of 1972, following the 1972 UN Conference in Stockholm (UNCHE: UN Conference on Human Environment) to coordinate and administer UN environmental initiatives and policies. Its first Executive Director was the famous, former businessman from Canada, Maurice Strong. Strong had been in charge of the organization of the 1972 global conference and had managed to enlist as many developing countries as possible. UNEP is the most important environmental organization within the United Nations. It is headquartered in Nairobi, Kenya. UNEP has a variety of roles, including acting as the treaty secretariat for some MEAs.

who is the only member of the UN to not sign the Convention on Biological Diversity 1992

US

III - Regime Creation (preliminary meetings, negotiation, signing and ratifying, and coming into effect of the convention) THE FIVE KEY PHASES OF REGIME DEVELOPMENT

Usually states are the primary actors involved in the negotiation. They are the ones with most of the decision-making power. However, non state actors can exercise significant influence on the negotiation process as well (NGOs, IGOs, etc.) Fact finding usually continues during, and overlaps with, this stage, since scientific information is constantly updating our understanding of an environmental problem. The "regime creation" phase includes the following "sub-stages": - Initial/Preliminary meetings: Very preliminary meetings among specialists or technical experts from government agencies that agree that a certain environmental problems needs to be discussed. These are usually lower level meetings. If there is sufficiently broad agreement to summon a higher level conference and maybe even draft an international treaty, then preparatory committees need to be organized (PrepComs). - PrepComs and negotiation: Preparatory committees (PrepComs) are staffed by diplomats and technical experts, usually middle to high level representatives of the different countries. They debate and negotiate different proposals, approve some draft language that could be included in a convention, and narrow down the issues still in dispute as much as possible. They end up doing most of the work, preparing most of the draft convention and only leave a few points to their bosses, the top policymakers of each of the countries involved. - Meeting of policymakers and signing of convention (or Protocols): Once a draft convention is almost completely agreed, the top policymakers of each country become involved. They might meet in person at an international conference where the final open points are ironed out and the convention is signed. - Ratification: each country that has signed the convention (or the Protocol) has to ratify it. In the United States, ratification requires the US Senate to approve the convention by a two-thirds majority vote. - The Convention comes into effect: the convention becomes binding on all those who have ratified it (i.e., comes into effect) only once enough countries have ratified it. The required number of ratifying countries is indicated in the convention itself.

In order for a practice to become a customary rule of international law the following two requirements must be met:

Usus: a Latin term that refers to the degree of uniformity, generality and duration of the practice; and Opinio Juris: a Latin term that means the practice must have been followed under the belief that it was legally obligatory to do so.

A reminder: the state is not really a "RATIONAL UNITARY ACTOR."

We tend to think of states as rational unitary actors, as monoliths who think rationally (i.e., make decisions based on calculation of costs and benefits for the state as a whole) and act accordingly. In reality, states are made up of many different institutions (e.g., in the US, the Congress, the Presidency, the political parties), government departments and agencies, special interest groups and businesses, civil society organizations, the media, etc. Each of these actors tends to have different interests and priorities and "pulls the state" in a different direction. State behavior is thus the result of the combined pull and push of dissonant forces. This means that our description of the motivations, interests and goals of A STATE is an oversimplification and often fails to take into account the divisions within a state and the incoherence of its behavior.

International Court of Justice

a court established to settle disputes between members of the United Nations "world court"

Treaty Secretariats

a special type of IGO also provided for in most multilateral environmental agreements (MEAs). In most cases, an MEA will call for the establishment of a small, specialized IGO, formed by permanent staffers to administer the treaty on behalf of the member states. UNEP often houses or at least supports and assists Treaty Secretariats. Secretariats are playing an increasingly important role in Global Environmental Governance (GEG). These are called "Treaty Secretariats" and they perform a variety of tasks that improve the treaty's effectiveness: - They collect information (scientific, economic, political, etc.) about factors that are most relevant to the treaty and disseminate the information to the member states; - They liaise with other IGOs, regional and global, including secretariats of other (environmental) treaties; - They raise issues that member states ought to address; - They suggest amendments or updates to the treaty; - They are often given some monitoring authority over member states' performance of their treaty obligations; - The treaty may grant them some limited enforcement role; - They schedule, organize and manage the periodic (annual/biannual, etc.) conferences that we call COPs and MOPs.

The UN Security Council (UNSC) composition and decision-making rules:

a. 15 representatives from 15 different member states: 10 are non-permanent (each of these 10 is elected by the UN General Assembly for a two year term) and FIVE are PERMANENT MEMBERS, the so-called "P-5:" the United States, Russia, China, France and the United Kingdom. b. The permanent members of the UN Security Council have the power to veto any resolution of the UN Security Council. c. The favorable vote of at least 9 out of 15 members of the UNSC is needed for a resolution to pass, and there must be no veto by any of the Permanent 5 (P-5) members of the UNSC (there is an exception for certain "procedural" matters). d. The 10 non-permanent members of the UNSC who are elected for 2-year terms by the UN General Assembly are supposed to represent the diversity of the UN. The Charter calls for "due regard to equitable geographical distribution" in the selection of non-permanent members of the UNSC. more exclusive huge amount of power

The UN Security Council (UNSC) and the use of force:

a. Member states - under articles 2.4 and 51 of the UN Charter - are prohibited from using force unless they are the victim of an armed attack (self defense exception). b. Only the UN Security Council can authorize the use of force aside from a self-defense situation.

The UN General Assembly (UNGA) structure:

a. One-country-one-vote system, that means that each member state gets one vote, independent of its size or power. b. Today, 193 countries represented i. The Vatican is an "observer"; ii. Palestine (Palestine National Authority) is a "non-member state" and "observer"

The UN Security Council (UNSC) Powers:

a. The UNSC is the primary organ of the UN responsible for peace and security b. Resolutions of the UNSC are binding on all members of the UN

The UN General Assembly (UNGA) Periodic meetings of all member states:

a. There is one "ordinary" UN General Assembly meeting each year, in the fall, at which more than a hundred heads of state and government usually participate. It's the biggest meeting of state leaders in the world. huge events - everyone meets

Secretary-General

ability to bring issues to the UN security council manages UN budget hires/fires staff of UN

Rio Summit 1992 Rio convention

big things came out of it: - rio declaration (soft law not legally binding) - agenda 21 - signed the UNFCCC [united nations framework convention on climate change] (this is legally binding when ratified) - biodiversity protocol (legally binding) - non-binding Rio-forest principles (soft law not legally binding) - put desertification issue on fast-track - able to do it in two years (in 1994) was most successful envi conference

Protocols

binding international agreements, usually containing several detailed commitments. They tend to complement previous treaties on the same subject or related subjects. They often explicitly refer to a previous Framework Convention. A protocol and its "original" framework convention can be separated by many years: The UN Framework Convention for Climate Change was in 1992: the Kyoto Protocol to the UNFCC was in 1997.

agenda 21

came out of the rio summit in 1992 NOT legally binding - soft law action plan for going into the 21st century concerning envi issues

1994 UN Convention to Combat Desertification

came out of the rio summit in 1992 legally binding as it is a convention meant to combat desertification stemmed directly from a recommendation in Agenda 21 from the Rio conference

The Plan of Action for the Human Environment

came up with 109 recommendations to address the 26 principles outlined in the Stockholm declaration ended with a resolution

what is the largest envi regime?

climate change regime

Customary law:

customary law is "a rule of international law that has evolved or taken root from the practice or custom of states". Under certain circumstances, the repeated compliance with, or application of certain custom by a large number of states for long enough time can be deemed to have risen to the level of "customary international law" and as such becomes binding on all.

The Stockholm Declaration of 1972 (issued at the end of the global conference called UNCHE)

declaration - declarations are soft law so this is not legally binding came about at the United Nations Conference on the Human Environment (UNCHE) 1992 the first document concerning international environmental law was created at the convention addressed the right to a healthy environment nations agreed to accept responsibility for any environmental effects caused by their actions 7 proclamations

what happens at COPs/MOPs

exchange information review progress update their commitments, add new ones amend treaties etc. These conferences often include non-parties as well, NGOs, businesses, or additional states that did not sign the relevant agreement but are stakeholders (i.e., they have a stake) in the issue being regulated by the treaty. The non-parties to the Convention invited to the COPs or MOPs obviously do not have the power to vote on changes/amendments to the treaty. But they can contribute to the discussion, share technical information, help educate the public about the matters being discussed, etc. A very important example of a COP is the one that resulted in the signing of the Paris Climate Change Accord in 2015: - The 1992 UNFCCC (UN Framework Convention on Climate Change) signed in Rio called for yearly COPs. In 2015, the COP21 took place in Paris and was the occasion for the signing and adoption of the Paris Climate Change Accords (a binding agreement which became effective on November 4, 2016).

CLUB GOODS (or artificially scarce goods)

excludable non-rivalrous Encrypted broadcasting and cable transmission

PRIVATE GOODS

excludable rivalrous Our car, our house, our land,

"Framework conventions"

genre of international treaties (legally binding) that contain a few specific obligations, several generic and often vague commitments, in anticipation of more detailed agreements that may follow at a later date when the signatories are ready to undertake more substantive and detailed commitments

framework conventions hard law or soft law?

hard law - legally binding few obligations, very vague, anticipation of more detailed agreements that may follow draws countries in - helps them start to evolve and start the conversation on those topics

protocols hard law or soft law?

hard law - legally binding generally built off of framework conventions often are explicit - detailed

Channels of influence used by NGOs on regime formation/strengthening

indirect channel direct channel

Multilateral Environmental Agreements (MEAs)

international environmental treaties and agreements (most common name for these agreements) Since 1972, about 400 MEAs have been signed and come into effect. Each of the most important MEAs usually anchors a broader "international environmental regime. The MEAs usually comprise a Preamble, Articles, Annexes and/or Appendixes.

CBDR, i.e., Common But Differentiated Responsibilities three principal assumptions of the principle of Common But Differentiated Responsibility (CBDR)

is now a key principle of international regimes promoting environmental sustainability. Predictably, developing countries are very much in favor of CBDR. - Wealthier countries are primarily responsible for the environmental problems we are facing now. Their past industrialization efforts and their continued socio-economic expansion have resulted in air, water and soil pollution, depletion of the ozone layer, accumulation of greenhouse gases in the atmosphere, extinction of species, depletion of biodiversity and many other harms to the environment. Developing countries have only recently begun to contribute to environmental degradation. - Wealthier countries have much greater (i) economic resources, (ii) technological knowhow and (iii) political/administrative capacity to deal with global environmental problems, and - Wealthier countries have an obligation to assist the developing countries meet the obligations of the various environmental regimes, with (i) financial, (ii) technological and (iii) administrative assistance ("capacity building").

state types on regimes (lead, veto, supporting, swing)

lead states - we want regimes veto states - no envi regimes supporting/swing - in the middle

IGOs (Intergovernmental Organizations) are made up of...

member states who join voluntarily to cooperate on an issue, to solve a common problem, etc. IGO members share the IGOs' objectives and believe they can achieve them better by joining/cooperating with other states. Usually, only state governments can join IGOs

SOFT LAW

not legally binding such as declarations, statements of intent, general standards of behavior, etc. BUT can have a profound influence on how states behave on the international scene. They can, over time, "harden" into hard law (often as rules of customary international law). They can, over time, "harden" into hard law (often as rules of customary international law). Examples of soft law include: - Most resolutions of the General Assembly of the UN: The Resolutions of the UN General Assembly are usually not binding, but are highly influential recommendations. o (note that a few, specific General Assembly resolutions that deal with the internal workings of the UN, internal administrative matters, UN budget and related issues are binding on all members). - General statements of intent, and similar announcements by government officials; - Plans of Action, - "Declarations" at the end of international conferences; - Standards of behavior indicating what is deemed appropriate and what isn't.

Kyoto Protocol 1997

protocol - binding treaty that is detailed, connected to a less vague framework convention (the UNFCCC) came out of a UNFCCC COPs meeting in 1997 The main international treaty on global warming, which entered into force in 2005 and mandates cuts in carbon emissions. Almost all the world's major countries, except the United States, are participants. The U.S. signed but did not ratify

The Vienna Convention on the Law of Treaties of 1969

sets out many useful rules and requirements regarding how treaties are entered into, what constitutes a legally binding treaty and what doesn't, how one should interpret disputed provisions of treaties, etc.

why are global conferences important?

starts conversation - act as a loudspeaker

give an example of a very strong regime and a very weak regime

strong regime: ozone regime - the most effective and strongest envi regime weak regime: deforestation regime

NON-binding agreements, statements of objectives, declarations (aka SOFT LAW)

terms are usually associated with documents negotiated by states that do not contain legally binding commitments but announce general principles, longer term objectives, standards of behavior, etc. Here are some examples: - The Stockholm Declaration of 1972 (issued at the end of the global conference called UNCHE); - The Plan of Action for the Human Environment (also announced at the end of the 1972 Stockholm Conference); - The Agenda for the 21st Century (aka "Agenda 21") was the plan of action adopted at the 1992 Earth Summit in Rio. - The Sustainable Development Goals (SDGs) adopted by the UN in 2015 (aka "2030 Agenda").

What is the name of the new "epoch" in the earth's geological history that a group of scientists suggests we use, recognizing the recent, very profound impact of humans on the planet?

the Anthropocene epoch

biggest IGO on envi issues

the UN desertification and waste issue focused

The creation of new regimes

their practical implementation and their strengthening through periodic updating and tightening of the rules, are the key objectives of those state and non-state actors who promote global environmental governance.

International treaties (aka HARD LAW):

they are binding under international law. They oblige signatories to the treaty to perform its terms. They are sometimes called "conventions," "covenants," agreements, pacts, etc. In Environmental politics, one can distinguish between two types of international treaties (both are binding and therefore "hard law"): - "Framework conventions" - Protocols

environmental devastation

water pollution, deforestation, air pollution, soil pollution - unable to plant food

There are two important UN General Assembly meetings

which first, set the "MILLENNIUM DEVELOPMENT GOALS" and, later the "SUSTAINABLE DEVELOPMENT GOALS:"

EXXON VALDEZ Oil Spill 1989

the oil tanker ran aground off the coast of Alaska spilling 11 million gallons of oil. example of "booster shot"

What are the only two solutions, according to Garret Hardin, to the problem he describes in his 1968 essay?

privatization: entails granting to someone private property rights over the (common) good. The private owner is assumed to have a strong incentive to maintain and preserve her good by using it or allowing others to use it in a careful and sustainable fashion (maximize its productivity and use, while ensuring its long term preservation). Because she owns the good, it is in her interest to ensure that the good lasts as long as possible. The private owner will also have an incentive to learn as much as possible about the good in order to maximize the returns on the investment. The "Enclosure Acts" which privatized open grazing lands in England beginning in the 17th century could be viewed as an example of this solution. Free market environmentalism is another example (where economic incentives are designed to induce people and businesses to comply with environmentally-friendly standards). socialism: means to grant to the state the ownership of the (common) good or at least the power to regulate access to it and its use. If the state can impose limitations to ensure that the good will not be overexploited (can issues laws and regulations that set limits on the access to, and use of the commons so as to ensure its preservation)

Cuyahoga River catching fire in 1969

river was so polluted from decades of industrial waste, the river had caught fire before but this fire was much larger and acted as a "booster shot"; encouraged people to support the many important environmental initiatives of the late sixties and early 1970s example of "booster shot"

international legal system structure

"horizontal" characterizes the international system in which all states are LEGALLY equal and no one state can legally dictate to others how to behave (the principle of the "sovereign equality of states"). There is no single "world sovereign" that makes laws, adjudicates disputes and enforces laws on all states or all citizens of the world. NOTE that, in terms of POWER (military, economic or political power), the countries of the world are obviously different and there is a hierarchy of sort but it is a political, economic or military hierarchy, not a LEGAL one. International law treats all states as equal.

the three macrotrends contribute to a variety of interconnected problems, including:

- Air and water pollution, - Accumulation of waste (ordinary waste, as well as hazardous and toxic waste, and nuclear waste), - The release of ozone depleting substances, - The production of toxic chemicals, - Depletion of natural resources (fossil fuels, clean water, fisheries, etc.) - Decreasing forest cover and desertification - Reduction of biodiversity.

The "Two-Level Game": "Janus-Faced"

- Diplomatic interaction by representatives of different states involves a "TWO-LEVEL GAME". The negotiators interact with their foreign counterparts and try to achieve the best possible deal for their own country. But they must also sell the deal internally, persuade their own compatriots, the internal parties/policymakers who can veto or support the deal. They need their approval especially in cases in which the international treaty requires ratification by the local political institutions (the US Senate and US President, or the Italian Parliament and President, etc.) for the treaty become effective. - This is sometimes called the "Janus-Faced" diplomat: she has two faces, one facing outside (negotiating with foreign representatives) and one looking inside the country she works for (persuading her own compatriots and superiors to accept the deal she made with foreign representatives).

public and envi issues

- PARTISANSHIP AND POLITICAL POLARIZATION has taken over the environmental debate: in the no holds barred struggle between liberals and conservatives, the latter tend to push for environmental deregulation, many among them promote climate skepticism, etc. - In the political arena, ENVIRONMENTAL CONCERNS COMPETE WITH OTHER PRIORITIES and preoccupations, such as economic growth, employment, international competitiveness. The latter seem more urgent and tend to push environmental issues down the ladder of priorities. - Environmental problems tend to be viewed as long term, remote both in time and space - Some social scientists have noted how sometimes "CLIMATE FATIGUE or ENVIRONMENTAL FATIGUE" develops: it makes people less combative, more complacent almost resigned.

private business

- Some businesses are constantly engaged in "defensive" action, lobbying against domestic environmental laws and regulations, as well as international environmental treaties, which would restrict their activity and impact their bottom line. - Other businesses may see environmental degradation as a threat to their business, and environmental regulations as a positive thing. They may thus push for "more" stringent regulations and treaties. Examples are the tourism industry and the insurance business. - Some businesses profit from the expansion of the green economy, e.g., renewable energy businesses. - Finally, some businesses decide to spontaneously cooperate with each other on environmental matters because that makes it easier to confront the uncertain future of environmental regulation and attracts environmentally sensitive customers. They create legal frameworks and set standards of behavior and business practices which they themselves monitor and enforce. One example are certificate schemes, often monitored by NGOs, which guarantee that the businesses in question rely on environmentally friendly and sustainable processes to manufacture their products and provide their services.

the high seas as a global commons

- The UNCLOS (UN Convention on the Law of the Sea), signed and ratified by the large majority of the countries in the world, establishes rights and obligations with respect to access to and use of the oceans. Coastal states are granted most rights over waters close to their coast, but are also required to observe the few selected rights granted by the law to non-coastal states. As you move away from the coast, the coastal states' rights diminish while those of the international community expand. - Under UNCLOS: o The high seas (waters far from the coastline) are deemed "res communis," and are open to all states for trade, communication, fishing, etc. o The deep seabed resources (minerals etc.) are also deemed "common heritage of mankind." The exploitation of the deep seabed resources is - at least in theory - regulated by an International Seabed Authority.

How to escape the "Malthusian Trap"

- The birth rate solution: making fewer children; OR - The death rate solution: letting misery, diseases, famine and war reduce population growth to sustainable levels. Paul and Anna Ehrlich's book (The Population Bomb) predicted that by the 1970s and 80s hundreds of millions of people would starve: history proved them WRONG

What do people disagree about when debating the environment? (6 levels of disagreement)

- The existence of a particular environmental problem and its nature; some simply affirm that the particular environmental problem does not exist, e.g., climate deniers who claim global warming is not happening; - The severity and magnitude of the problem (and therefore its current priority); - The cause(s) of the problem; - The likely consequences of not addressing the problem (future risks); - The type of action that needs to be taken to address the problem and the effectiveness or various recommended solutions; - How the costs and benefits of the actions that need to be taken to solve the problem should be allocated among different parties (this also involves an analysis of who is, or was, most responsible for creating the problem in the first place).

The key arguments of "Malthusianism"

- The world as a whole is producing more food: this greater availability of food fuels population growth, - Population growth will always outstrip, i.e., will grow faster than, food supply: population growth follows a geometric progression (exponential growth) while resources grow in an arithmetic progression (linear growth); - As population grows, and resources lag behind, life conditions deteriorate, - People are unable to control their urge to procreate, thus population continues to grow notwithstanding the depletion of the resources; - As populations grow, each individual has fewer and fewer resources: population growth itself triggers the conditions that put an end to it: misery, diseases, famine and war.

Supporters of globalization:

- Those who support globalization see it as a positive force and a driver of economic growth and development. Some view them as not too distant cousins of the supporters of the "exclusionist" paradigm. The latter also support free markets and unfettered access to natural resources and their exploitation. - Supporters of globalization include many multinational businesses, some third world elites and policymakers in advanced countries. Their motto is often "Trade not Aid." - Supporters of globalization tend to call for: o Reducing trade barriers, o Deregulation, i.e., eliminating/reducing the regulations that interfere with free market forces, o Facilitating access to natural resources internationally, o Making it easier for foreign companies to invest in developing countries. - Supporters also claim globalization can actually result in sustainable development (consistent with the predictions of the Kuznets Curve Hypothesis) : o Initially, poor countries, should be allowed to industrialize and exploit their resources as best they can. They should trade freely. This will allow them to generate wealth, grow economically and progress socially. This growth phase may be initially accompanied by negative environmental impacts but they will only be temporary. o Eventually, the social and economic growth allows the population to meet its basic needs. Standards of living improve to the point that citizens begin focusing on protecting the environment. Environmentally friendly policies can thus be adopted. The population is willing to support them and the technological progress achieved during the growth phase makes these policies feasible. This view is consistent with the Kuznets Curve hypothesis.

What are the three pillars of the Precautionary Principle?

- We do not need to achieve absolute, scientific certainty about the harm caused by an activity which carries very severe risks of harm to humans or the environment, before adopting necessary cautionary measures; preventive action is appropriate and necessary when the risks are severe enough; - The burden of proof rests with those who support the very risky activity to demonstrate that it will not cause the severe harm, not with those who want to regulate it. - We need to ask ourselves why we should engage activities or produce goods that carry the risk of severe harm and question the need to produce those goods or engage in the dangerous activity in the first place.

Water-related challenges

2.1 billion people lack access to safely managed drinking water services. (WHO/UNICEF 2017) 4.5 billion people lack safely managed sanitation services. (WHO/UNICEF 2017) 340,000 children under five die every year from diarrheal diseases. (WHO/UNICEF 2015) Water scarcity already affects four out of every 10 people. (WHO) 90% of all natural disasters are water-related. (UNISDR) 80% of wastewater flows back into the ecosystem without being treated or reused (UNESCO, 2017). Agriculture accounts for 70% of global water withdrawal. (FAO)

From Article 38 of the "Statute of the International Court of Justice" (ICJ)

1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. 2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto.

Stevenson's Critique of Hardin's 3 assumptions

A - Humans CAN BE COOPERATIVE, even altruistic, and they can be incentivized to pursue, together, long term goals. People have different personalities and manifest different propensities to cooperate with and trust each other. People's "cooperative traits" could be classified as follows: - Self-interested and unwilling to cooperate; - Willing to cooperate as long as there are no free-riders, i.e., as long as everyone else cooperates; - Willing to cooperate hoping that this will induce others to do the same; - Irrespective of what others do, some will cooperate because they feel it is the right thing to do; they put the common interest above their own. B - The herdsmen in the parable are NOT NECESSARILY COMPLETELY FREE to do what they want. Informal rules of behavior probably existed among them, enforced, for example, by social pressure, and supported by local custom. C - THERE ARE ALTERNATIVES TO SOCIALISM AND PRIVATIZATION that can help manage "communal property" in a sustainable fashion. Limitations on usage and access can rest on communal management rules and institutions, often rooted in traditions, social mores, social pressure. Examples: - the Cree, Native Americans from Quebec, and their management of communal fishing and hunting rights; - communal tenure of meadows and forests in Switzerland and Japan; - communal irrigation system management in Spain and Portugal.

The three key assumptions behind the Tragedy of the Commons

A - Humans are selfish and short-sighted (i.e., they focus primarily on short-term goals): - Humans seek to maximize their own, short term benefits - They tend to be less sensitive to costs that are o longer term, i.e., materialize only in the future, o uncertain, and o spread over many people (e.g., all the herders). B - The "commons" in the parable is completely unregulated: access and use are completely free. In his story, Hardin assumed that every herdsman was completely free to do as he wished and that the herdsmen did not exercise any influence on each other, did they coordinate their actions or cooperate in any way. C - According to Hardin, the only two possible solutions to the problem are: privatization socialism

The issue of the "doubling time" of global population:

The doubling time has shortened considerably: - it is estimated that it took 1650 years to go from 270 million people in the year 0 to 540 million in the year 1650. - It took only 37 years to go from 2.5 billion people in 1950 to 5 billion in 1987.

What do we mean by carbon footprint (explain both primary and secondary carbon footprint).

CARBON FOOTPRINT: A term which refers to the amount of greenhouse gas produced by an individual, organization or industry. The emissions produced, in this term, are in reference to the direct or indirect daily activities of the subject. PRIMARY FOOTPRINT: The primary carbon footprint refers to the activities we partake in those burn fossil fuels in a direct fashion. As a result of this characteristic, the primary carbon footprint displaces an immediate effect on the natural resources of the planet. Examples of a primary carbon footprint include, driving a car, flying an airplane, heating our homes, using water or plugging in an electronic device. SECONDARY FOOTPRINT: The secondary carbon footprint includes all activities that yield a footprint from the products we purchase, such as clothing and food or products for our homes. The process that goes into creating or manufacturing these items, such as transporting the products to retail stores goes into our carbon footprint. In addition to transport externalities, our secondary carbon footprint takes into account what happens after we have finished using the products, including the amount of time it takes the materials to break down and degrade the purchased items. The world's global carbon footprint is ten times larger now than it was in 1960

The impact of the environment on national security and the risk of conflict:

Climate change, resource depletion and environmental degradation raise security risks by exacerbating already existing national, ethnic or social rivalries, political instability, social unrest. Here are a few examples of how climate change and other environmental developments may affect national and international security: - In the Darfur conflict, longer and more frequent droughts (related to climate change) and deteriorating soils have reduced the amount of fertile land available to the farmers who therefore attempted to exclude the herders from grazing on it. Farmers and herders tend to belong to different ethnic/religious groups. The conflict over shrinking farming and grazing lands exacerbated the already existing ethnic conflict; - The collapse of fisheries in North Western Mexico fueled the transition of many unemployed fishermen into the drug trafficking business; - Overfishing off the coast of Somalia depressed the fishing industry to the point that many members of fishing communities joined local pirate groups that severely disrupted shipping off the eastern coast of Africa; - Criminal organizations engaged in illegal logging contributed to Haiti's massive deforestation problems. This resulted in soil erosion, excessive runoff and declining water quality. In addition, maritime pollution destroyed the coastal fishing industry. These two developments fueled large migration from the farmlands and fishing villages to the city and the growth of unsanitary slums. This exacerbated the effects of the 2010 earthquake which caused 300,000 deaths and 1 million refugees. - Climate change triggers a number of calamities that have national security implications: o droughts which cause famine and large migration flows; o water scarcity and food scarcity which result in migration which can lead to conflict; o the flooding of coastal areas which fuel refugee flows, which can in turn cause social conflict and political instability; o the spread of communicable diseases. Africa and the Middle east are two regions whose security and stability may be particularly affected by climate change and environmental degradation: - Africa: very reliant on rain-fed agriculture. Climate change harms the agriculture thus exacerbating ethnic and religious rivalries and conflicts over natural resources; - The Middle East: very sensitive to water scarcity, and already prey to various local ethnic, religious and political conflicts. In the United States and elsewhere, national security experts and military staff are aware of the "environmental connection" and have been focusing for some time on the national security risks involved and ways to mitigate them.

Which international relations paradigm focuses, in particular, on ideas, knowledge and norms?

Constructivism

FUKUSHIMA nuclear disaster in Japan, in March 2011

The earthquake and tsunami severely damaged the Japanese nuclear facilities in Fukushima causing the evacuation of 100,000 people. example of "booster shot"

Constructivism:

Constructivism emphasizes the role of the following three factors in shaping international actors' priorities, their interests and ultimately their behavior and willingness to cooperate: - Ideas - Knowledge: especially scientific knowledge in the case of environmental politics - Norms: i.e., shared conceptions about what constitutes acceptable behavior Nation states are NOT the only important actors. Non-state actors (individuals, civil society, scientists, businesses, etc.) play a critical role in creating and shaping ideas, knowledge and values. the international relations paradigm and aspects of global cooperation on environmental matters: o IDEAS AND NORMS, especially when shared by the public, are key drivers of state behavior in environmental matters; o KNOWLEDGE, whether it be scientific discoveries or the exposure of new connections between environmental issues and other fields (economy, trade, security, etc.), they all contribute to mobilizing the public and inducing the governments to take cooperative initiatives.

Critics of Neo-Malthusianism

Critics point to the implicit racist assumptions behind certain neo-Malthusian arguments. Critics say the problem is not population growth but POVERTY. At the 1972 UNCHE (UN Conference on the Human Environment) in Stockholm, the participants agreed to start shifting the focus (at least in part) from population growth to poverty and underdevelopment. The developing countries pressured the wealthier ones to view poverty and underdevelopment and the key factors that harm the environment and need to be addressed: At the 1972 UNCHE, INDIRA GANDHI, THE PRIME MINISTER OF INDIA, declared: - "Are not poverty and need the greatest polluters?" ... "The environment cannot be improved in conditions of poverty."

Do wealthier/more economically developed countries care more about the environment?

Different surveys have produced different findings. On the one hand, it is clear that if a country's economy is severely underdeveloped, its government and citizens are going to tend to assign the highest priority to economic development, industrialization, energy production, food production, and will consider environmental issues as less immediately vital. Wealthy countries have a greater opportunity to devote more of their attention and resources to environmental protection. Rich countries also have the technological capabilities, financial resources and administrative capacity necessary to adopt greener policies. On the other hand, not all publics in developing and developed countries are clearly aligned with the preferences that these observations would suggest. - There are different elements of the environment which have different impacts on the survival/livelihood of developing countries. So, even without having achieved higher socioeconomic status, some countries can be very supportive of environmentally friendly policies at least with respect to some environmental assets. - In some developing countries, environmental conditions can significant affect selected communities. The latter would tend to show very strong support for environmentally protective policies. Two examples: o Small island states are fully exposed to sea level rise triggered by global warming. They risk being wiped out by the rise of sea levels and the intensification of hurricanes. AOSIS is an alliance of small island states which is very vocal in demanding more aggressive policies to fight climate change. o The livelihood of fishing communities can be severely impacted by climate change, the warming of the oceans, water pollution, etc. o Rice producing communities are impacted by the disruption of the water cycle caused by excessive deforestation.

The designation of April 22 as EARTH DAY

Earth Day has become a worldwide celebration initially sponsored in the US by Senator Nelson of Wisconsin: Earth Day 1970 achieved a rare political alignment, enlisting support from Republicans and Democrats, rich and poor, city slickers and farmers, tycoons and labor leaders. By the end of that year, the first Earth Day had led to the creation of the United States Environmental Protection Agency and the passage of the Clean Air, Clean Water, and Endangered Species Acts. "It was a gamble," Gaylord recalled, "but it worked. example of a POSITIVE "booster shot": POSITIVE EVENT that helped sensitize the public

Global consumption grows faster than global population

Global population has grown steadily. In addition, per capita consumption of natural resources has risen significantly over the past decades. Therefore global consumption has risen faster than population. This is fueled by an acceleration in the growth of private consumption expenditures. This is viewed as a positive thing (rising standard of living) but it also exacerbates the macrotrends described above. - Consumption expansion is substantially driven by the growth of the global "middle class", especially in BRICS countries (Brazil, Russia, India, China and South Africa). - The growth of middle class consumers, translates into a steep rise in demand for energy (especially fossil fuels), water, and material goods. - This rise in individual and global consumption, creates an unmanageable flow of waste. - The rise in resource consumption and waste production could be slowed by a more efficient use of resources and a more effective effort at recycling.

Globalization

Globalization is a term used to describe the increasing economic, social, political, cultural interconnectedness and interdependence of the world. The globalization process is based on and supported by: - Free trade in goods and services; - the free movement of capital and people; - Unfettered access by consumers everywhere to foreign goods and services, and access by producers and distributors to foreign markets

The rise of "SUSTAINABLE DEVELOPMENT" as the new paradigm:

In 1983, the UN Secretary General establishes a commission, led by former prime minister of Norway Gro Harlem Brundtland, to study the relationship between development and the environment. In 1987, The Brundtland Report is issued by the so-called Brundtland Commission: - "Our Common Future," is the official title of the 1987 study commonly known as the Brundtland Report. It is prepared by the so-called "Brundtland Commission" (its official title: The World Commission on Environment and Development). The report stated that: "Poverty is a major cause and effect of global environmental problems ... a world in which poverty is endemic will always be prone to ecological and other catastrophes."

THE FOUR PRINCIPAL SOURCES OF INTERNATIONAL LAW

In public international law, when asked what is international, where can we find rules that qualify as international law, we typically refer to a list of "sources of international law" contained in a very important international treaty, the Statute of the International Court of Justice (ICJ). This Statute (the word is used here as a synonym of Treaty) creates the ICJ and sets out the rules under which the ICJ operates. The ICJ (aka World Court) recognizes the existence of the following FOUR principal sources of international law: 1. Treaties ("Conventions" is another synonym for treaty); 2. Customary international law; 3. General principles of law shared by nations; 4. Prior court decisions ("precedents") and writings of famous jurists.

per capita emissions

In terms of PER CAPITA emissions of CO2, the US and other advanced countries rank much higher than large, developing countries such as China and India. Here are the 2014 rankings in terms of per capita emission of CO2: - Qatar (1st) - Kuwait (3rd) - Bahrain (4th) - Saudi Arabia (7th) - US (9th) - Australia (12th) - Canada (13th) - Russia (18th) - South Korea (19th) - Holland (21st) - Japan (22nd), - China (36th) - India (116th)

Treaty signing

Once the draft text of the treaty has been fully negotiated and is substantially agreed among all parties, the top-level officials for each state meet to iron out the last small details and sign the treaty on behalf of their country. The signing is usually done by top-level Executive Branch officials for each government (often the ambassador of a country, or the Foreign Minister, sometimes even the President, or the Prime Minister).

Which country has a higher per capita emission of CO2: Saudi Arabia or China?

Saudi Arabia

Two examples of how globalization may produce more harm than good:

Seasonal fruits and vegetables are now available all year round. This has an impact on local, traditional farmer communities who are forced to shift from subsistence agriculture to intensive cash cropping. It also affects the water use and soil degradation from fertilizers and pesticides, as well as natural habitat destruction. extended commodity chain of a cotton T-shirt and its environmental, social and economic consequences (see, e.g., Chasek, on RESERVE, Box 1.5, page 41 - "The Commodity Chain")

"MONOTONOUS GROWTH:"

Some have observed that there is a linear relationship between economic growth/development and environmental degradation/pollution. They just keep growing together. This seems to be the case with CO2 emission, urban waste and biodiversity loss.

There is a significant INCONGRUITY between environmental problems and policy responses. EXPLAIN

The environmental problems: - Are very "big," severe and far-reaching; - Carry an imminent risk of irreversible harm On the other hand, the policy responses: - tend to be inadequate - sometimes minimal - compared to the magnitude of the problem; and - often require many years to materialize: decision making and implementation at the global level are very SLOW

What is the N-Curve? (draw the graph and explain)

Some have shown that pollution increases with economic development, then declines once a certain level is reached and then restarts climbing when technological innovation cannot keep up with the growing demand for products and services. Technologically advanced and wealthy countries, under this scenario, eventually engage in overproduction, overconsumption and waste accumulation that causes an increase in environmental degradation. - An "N"-shaped curve shows the relationship between economic development and pollution effects. The measure of pollution is emissions of SO2 per capita (sulfur dioxide) and the measure of wealth is GNP/capita. - As wealth increases, so does environmental pollution (at first); - Once socio-economic development reaches a certain point, pollution decreases - BUT it then increases again as consurmerism and commercialism increase in the society and people start buying and polluting more

Neo-Malthusianism of the 1960s

Some, in the environmental movement of the 1960s, espoused a Malthusian approach to the problem of environmental degradation and resource depletion. Two neo/Malthusian books are published in the late 1960s and early 1970s: - In 1968, The Population Bomb by Paul and Anna Ehrlich - In 1972, The Limits to Growth by the Club of Rome (a group of experts in economic, social science, scientists, etc.)

The FREE TRADE Debate:

Supporters of free trade used the Kuznets Curve to demonstrate that - in long run - free trade and economic growth were not harmful to the environment, quite the opposite. After the initial phase of economic development, continued economic growth actually fuels environmental improvement. The supporters of the free trade agreement and believers in the Kuznets Curve hypothesis pointed out that: - As economic development progresses, newer and cleaner technologies become available - As citizens become wealthier and more educated they turn their attention to the environment and pressure their government to promote environmentally-friendly policies

The shifting of production and pollution to poorer countries

The "Illusion of Sustainability": One other problem is the fact that developed countries may be achieving better environmental performances on the back of poorer countries who: - have taken on most MANUFACTURING AND PRODUCTIVE ACTIVITIES (the outsourcing of the production resource intensive goods) which are highly polluting, and - agree to be paid to MANAGE/DISPOSE OF THE WASTE produced by richer countries.

What is the Kuznets Curve? (draw the graph and explain)

The "Kuznets Curve" was originally developed to show the relationship between development and income inequality. It has also been used to show the relationship between socio-economic development and environmental degradation: - An inverted "U"-shaped curve shows the relationship between economic development and pollution effects. The measure of pollution is emissions of SO2 per capita (sulfur dioxide) and the measure of wealth is GNP/capita. - As wealth increases, so does environmental pollution (at first); - Once socio-economic development reaches a certain point, pollution decreases

Is population control the answer? women view and developing countries view

The UN created a UN Population Fund, the UNPF, with the support, among others, of the US government, to promote birth control in developing countries. - Women's view: o Women welcomed the effort to allow them access to birth control. They saw this as one of the steps necessary to advance women's empowerment, together with socio economic development, education, health and social services, freedom from violence. o Women movements in developing countries have also promoted the slogan "Development is the best contraceptive." It has inspired some of the IGOs and NGOs behind these programs to expand (or shift) their focus from mere population control to efforts to support women reproductive freedoms in general, socio-economic justice and human rights. - Developing countries' view: o population growth in developing countries is not the cause of environmental problems, the cause is socioeconomic deprivation/poverty/underdevelopment. Development is the best solution to environmental degradation.

"Booster shots" of environmental sensitivity

The public's attitude towards the environment has in several occasion been deeply affected by environmentally significant events. The media reported extensively on these events and the reports themselves became vehicles for environmental education. By sensitizing the public, these events have facilitated the passage of environmental laws and encouraged policymakers to take a more proactive stance on environmental issues. EX: In the US: Cuyahoga River catching fire in 1969 AND Santa Barbara Oil Spill of 1969, on global scale: CHERNOBYL disaster of 1986, AND 1984 CHEMICAL DISASTER IN BHOPAL, AND EXXON VALDEZ Oil Spill 1989, AND FUKUSHIMA nuclear disaster in Japan, in March 2011

What is the name of the English Cleric and scientist who wrote "An Essay on the principle of Population" in 1798?

Thomas Robert Malthus (dont necessarily have to know middle name)

The Environment: we all agree about one thing:

WE ALL AGREE WE MUST PRESERVE/SAVE THE PLANET

How does conflict contribute to environmental degradation? Illustrate with examples.

Wars and internal conflicts usually cause environmental problems. Here are some examples of how conflict can harm the environment: - Military spending subtracts resources from environmental programs; - Military operations consume a large amount of financial and material resources and occupy a lot of manpower which could be used for environmental protection; - Wars produce habitat destruction and widespread soil, air and water contamination: o Both exploded and unspent ammunition disperse in the environment a variety of highly toxic substances; many remain in the environment for long periods of time; o Civil wars in Africa, Asia and Latin America have caused widespread deforestation and destroyed wetlands. They also have disrupted the cycle of sowing and harvesting. The unattended land has deteriorated significantly, sometimes irreversibly. o Some environmental destruction is intentional and particularly intense. It is used as a tool of war. Examples include the use of herbicides and defoliants in the Vietnam War (Operation ranch hand) and the burning of the oil wells by Iraqi dictator Saddam Hussein as his armies retreated from Kuwait in 1991. - Conflict, actual or threatened, makes it impossible to enforce laws and regulations relating to the protection of the environment, including wildlife and natural resource preservation and the prevention of water and soil pollution. Poaching and illegal mining thrive in war zones.

Population growth

We add 83 million each year which means a current global growth rate of about 1.12% per year. There are very different growth rates for different regions/countries (2017 figures): - Africa: 2.6% population annual growth rate, with a fertility rate of 4.7 births per woman. - Europe's current annual growth rate is close to 0. - The future growth (up to 2100) is expected to come mostly from Africa and Asia (92% of the forecasted global population growth).

publication of Rachel Carson's book, "SILENT SPRING", in 1962.

a composite of examples drawn from many real communities where the use of DDT had caused damage to wildlife, birds, bees, agricultural animals, domestic pets, and even humans. Carson used it as an introduction to a very scientifically complicated and already controversial subject. example of a POSITIVE "booster shot": POSITIVE EVENT that helped sensitize the public

1984 CHEMICAL DISASTER IN BHOPAL, India

a massive release of toxic gases (mostly methylisocyanate): "December 2, 1984, an accident at the Union Carbide pesticide plant in Bhopal, India, released at least 30 tons of a highly toxic gas called methyl isocyanate, as well as a number of other poisonous gases. The pesticide plant was surrounded by shanty towns, leading to more than 600,000 people being exposed to the deadly gas cloud that night. The gases stayed low to the ground, causing victims throats and eyes to burn, inducing nausea, and many deaths. Estimates of the death toll vary from as few as 3,800 to as many as 16,000, but government figures now refer to an estimate of 15,000 killed over the years. Toxic material remains, and 30 years later, many of those who were exposed to the gas have given birth to physically and mentally disabled children." - The US Congress passed the 1986 EPCRA Emergency Planning and Community Right to Know Act, imposing obligations on industry, state and local authorities concerning (i) the reporting on hazardous and toxic chemicals (storage and handling), (ii) the preparation of emergency plans, (iii) the reporting of leaks (releases into the environment), the (iv) the maintenance of a Toxic Release Inventory (TRI). example of "booster shot"

THE PRECAUTIONARY PRINCIPLE

a principle based on the belief that action should be taken against a plausible environmental hazard The traditional approach to environmental regulation many decades ago was to wait for scientific certainty about a particular environmental risk before enacting a protective regulation. For example, the link between asbestos and some form of human health risk was established a long time ago. But no action was taken because it was deemed that there wasn't sufficient scientific certainty about the health effects of asbestos. Decades were spent researching the risk of cancer from asbestos before any definitive anti-asbestos laws were passed. Hundreds of thousands developed asbestosis in the mean time, many of which died from mesothelioma. SOOOO they came up with the precautionary principle

NGOs (civil societies)

civil society is: non-governmental organizations (sometimes called NGOs), social movements and community groups, and concerned individuals Three possible roles of NGOs: - Witnesses: raising environmental issues, monitoring and documenting environmental problems< monitoring international progress and/or violations; - Architects: proposing new laws and regulations, contributing to launching of Global Conferences, advising and influencing the negotiation of treaties, advocating certain interpretation of international rules and environmental standards; - Detractors: criticizing environmental policies they view as dangerous or inadequate, identifying free riders and violators, "naming and shaming" countries and businesses.

Critics of globalization

claim that, if left completely unrestrained, globalization causes various harms: - It undermines the sovereignty of national governments and their right to regulate and control their own economies. Free trade rules may prevent them from adopting the domestic economic and social policies they view as necessary to the welfare of their people. - It fuels an unfettered increase in production, overconsumption of natural resources and resource depletion; - It generates more and more waste; - It can cause the disruption of traditional local communities and local ecosystems, overwhelmed by the demands of globalization; - It increases the distance/separation between the sources/causes of environmental problems and their impact (this distance makes people less sensitive to the environmental damage they cause); - Increases the environmental impact caused by the packaging and transportation of resources and products over long distances; the latter results in more energy consumption, pollution and carbon emissions; - Greater risk of localized pollution due to increases in production in countries with lax environmental regulations; - Greater risk of major environmental accidents in manufacturing countries; - Tends to fuel social and economic inequality among groups within the same country; - Tends to fuel social and economic inequality among rich and poor countries.

overall message of "the tragedy of the commons"

described how, under certain conditions, humans are unable to preserve a common good because, moved by short term and selfish interests, they tend to over exploit and destroy it. This, Hardin warned, is what humans are doing to their most precious common good, the environment. He illustrated this concept with a parable of sort, in which selfish and short-sighted herdsmen overexploit an open rangeland until they cause their own ruin. He imagined a field (the "commons") where herders can freely bring their cows to pasture. The field has the capacity to support a limited number of animals. However, each herdsman has an interest to add more cows (increase his herd). With each additional cow, the common good (the "commons") is being depleted. Eventually the commons will degrade to the point that there will be no more pasture left for any of the herdsmen

TOGETHER the Santa Barbara spill and the Cuyahoga River fires

encouraged people to support the many important environmental initiatives of the late sixties and early 1970s, by the Administration of US President Richard Nixon. Here are some key examples of environmental protection initiatives taken by the US government in those years ("the golden age of environmentalism") - NEPA (National Environmental Policy Act) was passed in 1969 - the creation of the Environmental Protection Agency (EPA) in 1970, - the Clean Air Act of 1970 (CAA), - the Clean Water Act of 1972 (CWA), - the Federal Environmental Pesticide Control Act (FEPCA) of 1972, - The Endangered Species Act of 1973 (and the signing, in Washington DC, of the CITES, the Convention on the International Trade of Endangered Species in the same year). - The Love Canal disaster in Niagara Falls, NY (massive hazardous waste dump discovered in 1976-1978).

Enclosures Acts of the 18th and 19th century

land, the land set aside by the Crown for public use by herders and others (the "commons"), was enclosed and parceled out to private landowners who could regulate access and use

The devastating Santa Barbara Oil Spill of 1969

largest oil spill in US waters by that time and acted as a "booster shot"; encouraged people to support the many important environmental initiatives of the late sixties and early 1970s example of "booster shot"

"the golden age of environmentalism"

late 60s and 70s many envi protection things were passed - NEPA (National Environmental Policy Act) was passed in 1969 - the creation of the Environmental Protection Agency (EPA) in 1970, - the Clean Air Act of 1970 (CAA), - the Clean Water Act of 1972 (CWA), - the Federal Environmental Pesticide Control Act (FEPCA) of 1972, - The Endangered Species Act of 1973 (and the signing, in Washington DC, of the CITES, the Convention on the International Trade of Endangered Species in the same year). - The Love Canal disaster in Niagara Falls, NY (massive hazardous waste dump discovered in 1976-1978).

COMMON GOODS

non-excludable rivalrous Fisheries, biodiversity, clean water, open grazing land like the "commons" in Garret Hardin's essay

Antarctica as a global commons

there is an international arrangement that regulates access to and use of Antarctica: - The 1959 Antarctic Treaty: o bans any additional national claims on Antarctic territory and does not recognize nor reject already existing claims; o grants access to all states for the purpose of open and transparent research; - The Environmental Protocol of 1991 banned oil exploration and extraction for 50 years. "It designates Antarctica as a "natural reserve, devoted to peace and science" (Art. 2). Article 3 of the Environment Protocol sets forth basic principles applicable to human activities in Antarctica and Article 7 prohibits all activities relating to Antarctic mineral resources, except for scientific research."

treaty

two or more countries commit themselves to do or not do certain things. These commitments are LEGALLY BINDING, but only for those states that sign and ratify the relevant treaty (with very minor exceptions). This is consistent with the principle of "state consent."

The "sovereign equality of states":

under international law, all states are sovereign and equal (in legal terms). No foreign state has the (legal) right to interfere within the jurisdiction of another state, or to compel another state to do something within its jurisdiction or with regards to its citizens.

Treaty negotiation

usually by diplomats, special representatives and specialists for each government