International Environmental Agreements: Politics, Law and Economics

Governing transboundary commons in Africa: the emergence and challenges of the Kavango–Zambezi Treaty Abstract The advent of ‘Peace Parks’ on the African continent is puzzling from the perspective of institutional theory. We focus on the world’s largest transfrontier conservation cooperation that exists to date, the Kavango–Zambezi Treaty, which was ratified by Angola, Botswana, Namibia, Zambia, and Zimbabwe in 2011. The collaboration seeks to foster sustainable governance of resources in the region. The paper asks two questions: What were the main factors facilitating the establishment of the Kavango–Zambezi Treaty? What potential challenges for the treaty remain on the operational level? Analysing interviews with key informants, we contribute by providing insights regarding the emergence and existing challenges of the treaty. Factors reducing coordination problems during the treaty’s establishment included that it did not compete with existing institutions at the international level, the important role played by moral authorities such as Nelson Mandela, and that consensus rather than conflict prevailed between respective political actors as they realized the function of this cooperation. The treaty is challenged by differences in macro-institutional factors amongst participating nations and a variation in the extent to which communities trust in and comply with these institutions. There are significant remaining obstacles with regard to harmonizing policies in the five partner countries.

How are Argentina and Chile facing shared biodiversity loss? Abstract Biodiversity loss remains one of the most pressing issues for global governance. This situation can be seen in Argentina and Chile through the effects of biodiversity loss caused by the introduction and expansion of beavers in Southern Patagonia. This case is interesting because, despite the Beagle conflict (i.e., the border dispute) between these countries some decades ago, nowadays Argentina and Chile are facing shared environmental problems and both are actively seeking solutions. The main question in this paper is, how did Argentina and Chile search for a solution to shared environmental problems caused by the expansion of beavers in Southern Patagonia? This paper tackles this question and presents the results of the conducted qualitative research. The results indicate that, in order to understand what Argentina and Chile are doing to achieve a solution to their shared environmental problems, research cannot be exclusively focus on domestic affairs. Instead, this issue requires taking into account how international dimensions influenced domestic policies. As this paper argues, in Argentina and Chile, international cooperation is a method of influencing biodiversity governance through funds granted by international organizations and international expert recommendations.

The European Union and the establishment of marine protected areas in Antarctica Abstract This paper examines how the EU can best use its powers to establish marine protected areas (MPAs) in Antarctica. It first discusses the EU’s role in Antarctic governance and legal basis for the EU’s actions, with particular focus on the pending Joined Cases C-625/15 and C-659/16 at the Court of Justice of the European Union. Secondly, the paper analyses the negotiation process of the EU’s MPA proposals in the Southern Ocean within the Commission for the Conservation of Antarctic Marine Living Resources. Thirdly, it provides suggestions regarding the EU’s potential actions that might help achieve proposed Antarctic MPAs.

Do deep and comprehensive regional trade agreements help in reducing air pollution? Abstract Environmental concerns are increasingly being incorporated into regional trade agreements (RTAs) to promote environmental quality and ultimately ensure compatibility between trade and environmental policies. This occurs in a context where air pollution and its effects on human health are of major concern. This paper investigates whether the proliferation and depth of environmental provisions (EPs) in RTAs are associated with lower concentration levels of particulate matter. We present an index of EPs in RTAs that measures the breadth and depth of the provisions and use it to estimate the effect of ratifying RTAs with different levels of EPs on changes in PM2.5 concentration levels in a panel of OECD countries over the 1999–2011 period. Using an instrumental variables strategy, we find that countries that have ratified RTAs with EPs show lower levels of PM2.5concentrations when we control for scale, composition and technique effects and for national environmental regulations. Moreover, the PM2.5 concentration levels in the pairs of countries that belong to an RTA with EPs tend to converge for the country sample. The results also hold for a longer period of time (1990–2011) and a broader sample of 173 countries as well as for other pollutants, namely CO2 and NO2.

The geopolitical overlay of the hydropolitics of the Harirud River Basin Abstract This paper explores the geopolitical overlay that is shaping dynamic hydropolitical interactions of the Harirud River Basin, which is a basin that spans Afghanistan, Iran and Turkmenistan. This paper argues that the control and capture of water resources are not solely for economic development but rather for geopolitical reasons that serve the security interests of the actors involved, particularly outside-basin powers like the US and India. The Afghan Government similarly views dams as symbols of nation-building and a way of staying in power. In the absence of a lasting trilateral agreement, the existing nature of the geopolitical dynamics of the basin has led upstream Afghanistan and downstream Iran and Turkmenistan to unilaterally establish their rights to control the “rules of the game”. This paper suggests that sustainable solutions will not be reached unless the geopolitical nature of the basin and outside interventions can center on a normative understanding of the regional interests, identities, and commonalities of all the riparian states.

A critique of the Global Pact for the environment: a stillborn initiative or the foundation for Lex Anthropocenae ? Abstract In May 2018, the process which may ultimately lead to the negotiation of a legally binding Global Pact for the environment formally commenced under the auspices of the United Nations General Assembly. Expectations for the Pact are high, evidenced in particular by its multiple and overlapping objectives: to serve as a generic binding instrument of international environmental law (IEL) principles; to integrate, consolidate, unify and ultimately entrench many of the fragmented principles of IEL; and to constitute the first global environmental human rights instrument. In the wake of the impending intergovernmental process, the paper offers a thorough critique of the draft Pact in its present iteration. We do so with the aim of evaluating the strengths and weaknesses of the present draft Pact by interrogating: (a) its diplomatic and symbolic relevance and possible unique contribution at the policy level to global environmental law and governance, and (b) its potential at the operational level of IEL and global environmental governance, focusing on the extent to which the draft Pact accommodates both existing and more recent rules and principles for environmental protection. As the Pact’s primary ambition is to become a universally binding global treaty, it would be churlish not to recognise its potential for innovation, as well as the considerable opportunity that the negotiation of the Pact will have to generate broad-sweeping and positive impacts. However, our central thesis is that only if the Global Pact were to incorporate ambitious normative provisions to strengthen those public and private global governance efforts that aim to halt the deterioration of Earth system integrity, as well as to maintain and improve integrity, will it be able to offer a firm foundation of the type of Anthropocene Law, termed here as the Lex Anthropocenae, required to confront head-on the deep socio-ecological crisis of the Anthropocene.

Enabling the IPBES conceptual framework to work across knowledge boundaries Abstract The IPBES conceptual framework (CF) serves an instrumental value to translate usable knowledge into policy across spatial scales, alongside a normative function to engage diverse knowledge systems, promoting inclusivity and enhancing legitimacy. It has been argued that the CF operates as a boundary object, a communication and organisation tool for those working across diverse knowledge systems, designed to help them reach shared goals. The paper focuses on this claim, exploring the three core characteristics of a boundary object: interpretive flexibility, material and organisational structure, and the recognition of dissention. We suggest that too much emphasis is placed within the CF upon interpretive flexibility, whilst meeting information needs and the work requirements of all individuals, groups and communities who use the CF are overlooked. By forcing consensus, the IPBES CF ignores the critical dimensions of a boundary object. We argue that embracing the full characteristics of a boundary object will enable the IPBES to support knowledge coproduction and translation across the knowledge systems, better achieving its goal of providing policy advice.

Correction to: The rational design of regional regimes: contrasting Amazonian, Central African and Pan-European Forest Governance Mistakenly, a prior, premature version of this article was published online, which did not reflect revisions made based on a last round of external peer review. The original article has been corrected.

The mismatch between the in-country determinants of technology transfer, and the scope of technology transfer initiatives under the United Nations Framework Convention on Climate Change Abstract Despite decades of international political emphasis, little is known about the in-country determinants of technology transfer for climate change mitigation. We draw upon the conclusions of a series of standardised, official governmental statements of technology priorities, coupled with questionnaire-based data collection, to shed light on the nature of those determinants. We find that there is a disconnect between what developing country governments perceive as the key enablers of, and barriers to, technology transfer, and what bilateral and multilateral technology transfer programmes can offer, given budgetary constraints and the logic of development aid spending. We show that the well-established notion of making climate change mitigation actions an integral part of sound development plans is especially relevant for technology transfer. We offer pointers as to how this might be done in practice, in the context of the ‘technology action plans’ developed as part of the United Nations-sponsored technology needs assessment process.

A proposed methodology for assessing the economic needs of safeguard zones protecting groundwater intended for human consumption within the context of the European Water Framework Directive Abstract This paper describes the gross domestic product and hydrological environment service method for assessing the socio-economic consequences of implementing necessary measures for safeguarding the quality of groundwater for human consumption and eliminating the risk of pollution. This method assesses the positive and negative impacts of designations of protected areas. Economic assets and social goods are the two integrated variables used in analysing the method. The first includes economic impacts on the local gross domestic product of defining protected areas, and the second considers the benefits of this designation in the conservation of water resources, assigning a monetary value to the preserved resources. In addition, tools have been incorporated, such as payment for hydrological services and generation of permissible activities, which reduce negative social impacts through positive economic impacts. These tools can only be used when compliance with conservation requirements for protected areas is demonstrated. The conclusions of this study include an application of the proposed methodology and provide essential and specific assessments that show that this methodology fulfils the requirements of the European Water Framework Directive requirements and that it is an effective tool in the implementation and development of strategies for hydrological planning processes.