Journal Citations Annotated Bib More To Come

1. David Freestone, The World Bank, Edited by Richard B. Bilder, The Implementation and Effectiveness of International Environmental Commitments: Theory and Practice. Edited by David G. Victor, Kal Raustiala and Eugene B. Skolnikoff, The American Journal International Law, July, 1999, 93 A.J.I.L. 749, Cambridge MA, London: The MIT Press, 1998. Pp. xviii, 707.
   Owen Greene's study of implementation review in the Baltic Sea Regime provides a comparison with the more sophisticated Montreal Protocol regime, where similar factors were at work. ... The nonbinding regime of Prior Informed Consent (PIC) in the Chemical and Pesticides Trade is the last of the SIR studies, again by David Victor. ... Since there was no treaty regime, there was by definition no compliance regime, but informal information feedback systems allowed the PIC system to "learn by doing." Victor argues that a formal (and, he argues, inflexible) treaty regime could not have accommodated this learning process. It is interesting to note that a PIC treaty, building on this informal regime, has recently been negotiated. ... These studies look at Russian implementation of the London Convention in relation to nuclear dumping in the Arctic oceans (Stokke), the implementation and effectiveness of the acid rain regime in Russia (Kotov and Nikitina), transboundary air pollution and Nirislk Nickel (Kotov and Nikitina), and the domestic implementation of Baltic Sea pollution commitments in Russia and the Baltic States (Roginko).
2. Jonathan L. Hafetz, Fostering Protection of the Marine Environment and Economic
   Development: Article 121(3) of the Third Law of the Sea Convention, Washington College of Law, American University International Law Review 2000, 15 Am. U. Int'l L. Rev. 583
   Law Clerk to the Honorable Jed S. Rakoff, Southern District of New York.
   A coastal State is considering whether to adopt a proposal to establish a marine preserve around one of its small islands located outside the State's twelve-mile territorial sea, twenty-five miles from its shore. ... While Article 193 acknowledges the "sovereign right [of States] to exploit their natural resources pursuant to their environmental policies," it subjects this right to States' "duty to protect and preserve the marine environment." ... Ironically, other parts of the Convention in which the primary focus is not the protection of the marine environment further underscore the link between environmental protection and economic development. ... While the Convention recognizes a coastal State's authority over the exploitation of living resources in its EEZ, it limits these EEZ rights, requiring that State to "act in a manner compatible with the provisions of this Convention" (i.e., to protect and to preserve the marine environment). ... Each State could argue that its "rock" should be treated as an island because of the marine preserve, and thus claim the entire area between its coast and the other State's territorial sea. ... There is perhaps no better way to protect the marine environment than to reward those States that prove that environmental protection makes sense from the standpoint of economic development. ...
3. W. BRADNEE CHAMBERS Towards an Improved Understanding of Legal Effectiveness of International Environmental Treaties, Georgetown International Environmental Law Review Spring, 2004, 16 Geo. Int'l Envtl. L. Rev. 501
   W. Bradnee Chambers is the Senior Program Officer of the United Nations University Institute of Advanced Studies.
   Given that the international community has negotiated countless treaties over the last several decades, one would imagine that it would have a clear conception of what constitutes effective international law. ... If States are in compliance with international laws, then international law is changing State behavior and hence international law indeed matters, and can be considered effective. ... Therefore, compliance is similar to effectiveness but it is not exactly the same: parties can be in compliance with treaty obligations, even though the treaty fails to meet its objective. ... According to Victor, Raustiala, and Skolnikoff, implementation is directly linked to treaty effectiveness, for it is the key variable that determines whether changes will occur in the behavior of the target group. ... The distinction between a treaty and a regime is an important one for understanding the legal effectiveness of treaties, and one that generally falls along disciplinary lines. ... Taking change in behavior as the starting point for defining and measuring treaty effectiveness, however, is perhaps an infeasible approach and views treaties as instruments that can affect change rather than instruments that reflect and codify change between States. ...
4. Kerry Turner, Jeroen C.J.M. van den Bergh, Tore So¨ derqvist , Aat Barendregt, Jan van der Straaten, Edward Maltby, Ekko C. van Ierland, Ecological Economics 35 (2000) 7–23 SPECIAL ISSUE THE VALUES OF WETLANDS: LANDSCAPE AND INSTITUTIONALPERSPECTIVES-Ecological-economic analysis of wetlands: scientific integration for management and policy http://mk.geog.uu.nl/homepages/aat/plaatjes-pdf/ecolcon.pdf Wetlands all over the world have been lost or are threatened in spite of various international agreements and national policies. This is caused by: (1) the public nature of many wetlands products and services; (2) user externalities imposed on other stakeholders; and (3) policy intervention failures that are due to a lack of consistency among government policies in different areas (economics, environment, nature protection, physical planning, etc.). All three causes are related to information failures which in turn can be linked to the complexity and ‘invisibility’ of spatial relationships among groundwater, surface water and wetland vegetation. Integrated wetland research combining social and natural sciences can help in part to solve the information failure to achieve the required consistency across various government policies. An integrated wetland research framework suggests that a combination of economicvaluation, integrated modelling, stakeholder analysis, and multi-criteria evaluation can provide complementary insights into sustainable and welfare-optimising wetland management and policy. Subsequently, each of the various www.elsevier.com:locate:ecolecon Corresponding author. Tel.: 46-8-6739540; fax: 46-8-152464. E-mail address : tore@beijer.kva.se (T. So¨ derqvist). 0921-8009:00:$ - see front matter © 2000 Elsevier Science B.V. All rights reserved. PII: S0921-8009(00)00164-6 R.K. Turner et al. :Ecological Economics 35 (2000) 7–23 8 components of such integrated wetland research is reviewed and related to wetland management policy. © 2000 Elsevier Science B.V.
5. CHARLOTTE DE FONTAUBERT, DAVID R. DOWNES & TUNDI S. AGARDY, Biodiversity in the Seas: Implementing the Convention on Biological Diversity in Marine and Coastal Habitats 1998 Georgetown International Environmental Law Review, Spring, 1998,10 Geo. Int'l Envtl. L. Rev. 753.
   Marine and coastal biological diversity (biodiversity) encompasses the enormous variety of marine and coastal species and their genetic variety, the global ocean's cornucopia of living resources, myriad coastal and open sea habitats and ecosystems, and the wealth of ecological processes that support all of these. (1) Institute integrated coastal area management (ICAM), including community-based coastal resource management and the prevention and reduction of pollution from land-based sources; (2) Establish and maintain marine protected areas for conservation and sustainable use; (3) Use fisheries and other marine living resources sustainably; (4) Ensure that mariculture operations are sustainable; (5) Prevent introduction of, and control or eradicate, harmful alien species; (6) Identify priority components of biodiversity and monitor their status and threats to them; (7) Build capacity to use and share the benefits from marine genetic resources; and(8) Take responsibility for transboundary harm and global threats to marine biodiversity. ... The recommendations will do the following: (1) identify options for applying an ecosystem approach to conservation of marine and coastal biodiversity; (2) identify gaps in knowledge about marine and coastal biodiversity; (3) develop analyses of the Biodiversity Convention's implications for other international agreements affecting marine and coastal biodiversity; (4) include assessment of Parties' needs for scientific, technical and technological capacity building and technology transfer; and (5) incorporate local and indigenous communities' knowledge as well as community and user-based approaches to conservation and sustainable use.
6. CHARLES E. DI LEVA, Georgetown International Environmental Law Review, Winter, 1998, Geo. Int'l Envtl. L. Rev. 501, International Environmental Law and Development
   THE CONCEPT OF INTERNATIONAL ENVIRONMENTAL LAW ... One example of this view is that the World Bank serves as the main implementing agency for the Global Environment Facility (GEF), which is the interim financial mechanism for the United Nations Framework Convention on Climate Change, and the Convention on Biological Diversity. Thus, Bank staff should redouble their efforts to apply accepted international treaty principles that seek to protect the environment, and to continue to improve environmental assessment, which promotes the application of these principles. ... In practice, this means that Bank staff should seek to ensure that the environmental assessment has noted and discussed the relevant treaty obligations pertaining to the borrower member and whether those obligations have an impact on the design of the proposed project.
   
   
7. Beth L. Kruchek, Extending Wetlands Protection Under the Ramsar Treaty's Wise Use Obligation, 2003 Arizona Board of Regents, Arizona Journal of International and Comparative Law, Summer, 2003, 20 Ariz. J. Int'l & Comp. Law 409
   The United States has an obligation under the Convention on Wetlands of International Importance Especially as Waterfowl Habitat (Ramsar Convention) to promote the protection of wetland habitats within its borders. ... The second part of this Note explains how the federal definition fails to meet the Ramsar criteria by discussing ecological case studies that have found the definition inadequate to maintain the ecological character of a wetland habitat. Because the U.S. definition of a wetland does not espouse the ecological integrity of the habitat, the United States has failed to meet its wise use obligation under the Ramsar Convention. Consequently, the current wetland definition fails to protect the animals that use the wetland, and, therefore, the legislation does not protect the ecological character of the habitat. As illustrated by the wetland protection successes of Maryland and New Jersey, advancing legislation to create buffer areas around critical wetland habitats exists as a straightforward way to correct the inadequacies of the current federal definition. ... Some suggested priority actions include: (1) identify the specific activities that are unwise uses of the wetland habitat; (2) reduce or terminate these harmful activities in the wetlands and their adjacent upland habitats; (3) determine through ad-hoc scientific analysis the minimum buffers for commercial activity needed to maintain the ecosystem functions; and (4) acquire these buffer habitats through the use of leases and conservation easements.