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(1996)
Decisions VII/15-19 (1995) and VIII/22-25
(1993)
The Search for Flexibility on Financial Issues at UNCED: An Analysis of Preference Adjustment
John Setear (1997)
Responses to Breach of a Treaty and Rationalist International Relations Theory: The Rules of Release and Remediation in the Law of Treaties and the Law of State ResponsibilityVirginia Law Review, 83
(1993)
, " A Short Guide to the Rio Declaration "
D. Magraw (1989)
Existing Legal Treatment of Developing Countries: Differential, Contextual, and Absolute Norms
(1997)
See the Resolution on Periodic Reporting adopted by the 29th General Conference of UNESCO, as transmitted to the World Heritage Committee at its 21st Session
(1993)
Chronicle of a Negotiation : The Financial Chapter of Agenda 21 at the Earth Summit "
M. Koskenniemi (1993)
Breach of Treaty or Non-Compliance? Reflections on the Enforcement of the Montreal ProtocolYearbook of International Environmental Law, 3
D. König (1996)
New Approaches to Achieve Sustainable Management of Tropical Timber
G. Downs, David Rocke, Peter Barsoom (1996)
Is the good news about compliance good news about cooperation?International Organization, 50
(1997)
On the need also to keep the "stick" of general international legal sanctions for breach of a treaty, see M. Koskenniemi
Downs, see note 89, 332 et seq., (342) (sequentially increased "depth of cooperation")
Article 20 para.4 of the Biodiversity Convention is almost identical (see note 24), as both are based on similar language in article 5 para.5 of the Montreal Protocol as amended in 1990 (see note 19)
(1995)
Is the Protection of the Environment a Challenge to the International Trading System?
International Trade and the Montreal Protocol, 1996, 99 et seq.; and see note 120
(1970)
Reflections on Article 60 of the Vienna Convention on the Law of Treaties and Its Background in General International Law
K. Sachariew (1988)
State Responsibility for Multilateral Treaty Violations: Identifying the ‘Injured State‘ and its Legal StatusNetherlands International Law Review, 35
(1996)
696 et seq.; and J. Werksman, Responding to Non-Compliance under the Climate Change Regime
(1980)
), see note 20, 39 et seq., (80), using a term introduced in international regime analysis by A. Underdal, The Politics of International Fisheries Management: The Case of the North-East Atlantic
(1991)
529 (Doc. 24, para.5). Even so, the US delegation at Rio reserved its position on this and other principles of the Declaration, see Doc
Ulrich Beyerlin, T. Marauhn, Julia Sommer, Max-Planck-Institut Völkerrecht (1997)
Law-making and law-enforcement in international environmental law after the 1992 Rio Conference
(1996)
Compliance and Transition: Russia's Non-Compliance Tests the Ozone Regime
Katharina Kummer (1994)
Providing Incentives to Comply with Multilateral Environmental Agreements: An Alternative to Sanctions?European Energy and Environmental Law Review
(1990)
International Environmental Protection and Developing Countries' Interests: The Role of International Law
(1998)
Means of Ensuring Compliance With and Enforcement of International Environmental Law
R. Falkner (1998)
The Multilateral Ozone Fund of the Montreal ProtocolGlobal Environmental Change-human and Policy Dimensions, 8
(1992)
Enforcing the New International Law of the Environment
See note 45
D. Victor (1996)
The early operation and effectiveness of the montreal protocol's non-compliance procedure
Environmental law has been described as "a cutting-edge laboratory of international law"1 - a metaphor which somehow casts environmental lawyers in the unenviable role of the alchemist who is impatiently ex- pected to find cheap ways of making gold. International environmental law has indeed become a favourite testing ground for innovative policy instruments, including economic incentives (for "positive measures") and financial mechanisms in particular.2 Some of the experiments on- going have drawn fire, from the defenders of more traditional ways of making international law as well as from the defenders of more tradi- tional ways of spending money. I shall begin, therefore, by placing those instruments in the general context of international development assis- tance, then focus on the major new financial "carrots" of global envi- ronmental agreements, and on some of the international legal problems they raise. I. The Limits of Green Aid True, the environment has begun to play a prominent part in overseas development assistance. Most bilateral and multilateral aid projects are now subject to well-established criteria and procedures for the prior as- sessment of their environmental impacts;3 and a standard portion of on- going (bilateral and multilateral) development funding is regularly ear- marked for
Max Planck Yearbook of United Nations Law Online – Brill
Published: Jan 1, 1999
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