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Use of terminology

Use of terminology. Implementation Adoption of domestic measures Ensuring effectiveness of domestic measures Fulfilling procedural requirements of international institutions Compliance Compliance vs. acceptance of obligations

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Use of terminology

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  1. Use of terminology • Implementation • Adoption of domestic measures • Ensuring effectiveness of domestic measures • Fulfilling procedural requirements of international institutions • Compliance • Compliance vs. acceptance of obligations • Compliance with international rules vs. compliance with domestic rules – links between domestic and international rules • Enforcement • The taking of measures to ensure compliance • Dispute settlement

  2. Implementation • Categories of obligations • Customary law obligations • The obligation to prevent harm – ILC’s Draft Articles on Prevention • Treaty obligations • Obligations of result, obligations of conduct, obligations to take measures in a specific form, harmonization • The role of soft law instruments • General environmental principles • Categories of relevant environmental legislation • Integrated pollution prevention and control • Nature protection • Land use • Nature of measures to be taken • Integration of relevant environmental principles • To what do the measures apply • Processes, products, emissions, environmental quality • Nature of measures to be taken • Limits or bans (the use of lists), ”trade measures”, land use regulation

  3. Non-compliance • Reasons for non-compliance • Ability and willingness • Importance for the design of non-compliance procedures • Forms of non-compliance procedures • ”Non-confrontational”, ”non-judicial”, ”consultative” • Who can trigger? • Composition of the non-compliance committee • Procedure of the committee • Powers of the committee • Proliferation of non-compliance procedures

  4. Enforcement • The issue of reciprocity • Countermeasures – Arts 49-54 of the ILC Draft Articles • ”Injured State”? • Arts 42 and 48 of ILC Draft Articles – erga omnes • Damages to areas beyond national jurisdiction – the issue of fisheries • Who can trigger cases under treaties? • Lex specialis • What if it is not regulated? Erga omnes beyond Art. 48 of the Draft Articles? • What kind of enforcement actions are available under treaties? • Which are the legal effects of lack of enforcement actions (such as Chernobyl)? • Transborder damage • Enforcement through domestic courts • The role of treaties on civil liability

  5. Dispute settlement • Multiple methods for settlement of disputes • Art. 33 of the UN Charter • Negotiation, consultation, good offices, mediation, enquiry, conciliation, arbitration, judicial settlement • Which results are ”legally binding”? • Judicial settlement • Great variety of arrangements • Judicial settlement -> negotiation • ”Mandatory” dispute settlement? • ITLOS • A ”World Environment Court”? • ICJ and the Permanent Court of Arbitration

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