Environmental Engineering Reference
In-Depth Information
United Nations Convention on the Law of the Sea (UNCLOS) may be considered
different from the IMO conventions, as it affirms the basic principles for marine
environmental protection and calls for appropriate law-making at international and
regional levels for the prevention of different sources of marine pollution. The
UNCLOS has, by reference, incorporated the IMO conventions within its purview.
The effectiveness of a global environmental regime is largely dependent on
proper implementation and enforcement, and a high level of compliance by target
actors. Once an international convention is agreed upon, it is transmitted to the
signatory states for ratification and implementation. In a sense, where the
law-making competences of global forums end, the national implementation of
internationally agreed legal framework starts. Broadly speaking,
implementation
'
occurs where the international treaty rule is effectively made a part of the domestic
legal system.
5
By definition, it means “the process by which intent gets transferred
into action”.
6
Similarly, the UNEP inclusively defines
'
as “all
relevant laws, regulations, policies, and other measures and initiatives, that
contracting parties adopt and/or take to meet their obligations under a multilateral
environmental agreement and its amendments, if any”.
7
Although many stake-
holders who participate in the process of implementation are basically non-State
actors, this definition excludes their role.
8
The implementation of international conventions involves some key terms such
implementation
'
'
.
9
As these terms are not used in
the same way among all scholars, it is pertinent to briefly elaborate on their
meanings.
'
as
compliance,
enforcement,
and
effectiveness
'
''
'
'
'
s
meeting its obligations in an international legal instrument, as well as State behav-
iour conforming to the principles of the legal instrument. These obligations may be
substantive, such as setting a discharge standard for ships according to the
MARPOL 73/78 Convention, or procedural, such as reporting to IMO under the
MARPOL 73/78 Convention. Moreover, some jurists extend the ambit of
Compliance
is a wider term than
implementation
. It applies both to a State
'
'
'
'
'
compli-
ance
to include meeting the spirit and intent of the international legal instrument; a
measure largely dependent on empirical analysis.
'
Enforcement
'
is a much
narrower term, and involves the imposition of consequences such as sanctions
and penalties for non-compliance.
10
'
5
Tan (
2006
), p. 230.
6
Victor et al. (
1998
), p. 1.
7
UNEP, Guidelines on Compliance with and Enforcement of Multilateral Environmental Agree-
last
accessed on 11 July 2014.
8
Redgweil (
2007
), p. 924.
9
See generally Crossen (
2004
); Weiss and Jacobson (
1998
); Mitchell (
1994a
,
b
); Victor
et al. (
1998
), p. 462; Bodansky et al. (
2007
), pp. 923-1009.
10
Crossen (
2004
), pp. 477-478.
Search WWH ::
Custom Search