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Chapter 3 - Compliance and Governance Mechanisms

Published online by Cambridge University Press:  14 January 2010

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Summary

This chapter examines compliance and governance mechanisms as they apply to most international environmental issues. Environmental impact assessments are needed, for instance, for most development projects, independent of whether they affect air quality, water, or species diversity. The right to information and participation in decision making applies to a large number of environmental issues.

In addition to general governance mechanisms, many treaties contain requirements for the exchange of information among states or for state reporting to institutions established under a treaty – either about the level of state compliance or regarding the state of the environment. Many environmental instruments include the requirement of notification and consultation with other states, which are especially important in emergency situations. However, before 1990, it was rare for environmental treaties to establish implementation committees or independent inspection panels.

Compliance and governance mechanisms could be instrumental in addressing environment problems, provided that states are willing to comply with their obligations. For instance, prompt notification in case of an environmental emergency can save lives and lead to preventive efforts that would thwart further contamination. States reporting on the severity of their environmental problems and their compliance record could provide information that would help clarify the nature of these problems and indicate measures to address them. The importance of information must not be overlooked in environmental matters, the effective management of which is based on the availability of correct information.

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International Environmental Law
Fairness, Effectiveness, and World Order
, pp. 114 - 140
Publisher: Cambridge University Press
Print publication year: 2006

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