Download Implementing the Environmental Protection Regime for the by Davor Vidas (auth.), Davor Vidas (eds.) PDF

By Davor Vidas (auth.), Davor Vidas (eds.)

When the Protocol on Environmental safeguard to the Antarctic Treaty entered into strength on 14 January 1998, a brand new section started for the Antarctic Treaty approach. The events to the Protocol are at the present time confronting concerns concerning the implementation of a fancy overseas environmental safety regime, either in foreign and household contexts. a number of the most important implementation questions have to be solved so one can increase and make attainable the implementation of the Protocol. What may be the effects for the events of a potential failure in resolving the pending implementation matters, on what premises can the recommendations be dependent, and what, then, are the choices to be had? This e-book offers a scientific evaluate of the implementation matters in sections on jurisdiction, keep an eye on and enforcement within the Antarctic (Part I), institutional help to the implementation of the Protocol (Part II), normative help to the implementation of the Protocol: an Antarctic legal responsibility regime (Part III), courting with different foreign tools and preparations (Part IV), and, via a sequence of chosen case-studies, concerns thinking about household implementation of the Protocol (Part V). it is a e-book that may entice Antarctic experts and to all these attracted to environmental legislation and policy.

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See Orrego Vicuila, Chapter 3 in this book. C. Joyner, 'Protection of the Antarctic Environment Against Marine Pollution under the 1991 Protocol', in D. ), Protecting the Polar Marine Environment: Law and Policy for Pollution Prevention (Cambridge University Press, 2000), pp. 117-119. 18 See discussion by Richardson, Chapter 4 in this book; also doc. XVI ATCMlINFO 77, 1991, p. ), Antarctica and International Law (1992-), Binder II, Booklet AT92C, pp. 29-31. 16 17 28 William Bush parliamentary system.

The decision on subsidiary legislation is generally exclusively in the hands of the executive arm of government. The legislation will stand unless it is successfully challenged on administrative legal grounds or any disallowance procedures are instituted. In contrast, the international procedures for adoption within Antarctic forums of subsidiary instruments are only marginally less onerous than those for the adoption of treaty instruments. In Antarctic Treaty forums, unanimity or consensus is required in both cases.

However, the basic problem of the specific regional situation in the Antarctic remains the unresolved question of sovereignty and jurisdiction there, and thus also of control and enforcement when it comes to implementation of legal instruments for environmental protection in the Antarctic. 34 See Richardson, Chapter 4 in this book. 35 See Francioni, Chapter 7 in this book. 36 See Skare, Chapter 9 in this book. Indeed, one should note practical initiatives, such as creation of the Transitional Environmental Working Group at the 1994 Meeting and the introduction at the 1995 Seoul Meeting of three categories of measures under Art.

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