International Environmental Law and Policy
International Environmental Law and Policy
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Date Created: 03/15/14
4 stages in international policy making agenda setting negotiations implementation translating international law into domestic action review compliance and effectiveness decide tostrengthen regime or not 5 actors states IO39s Env groups business actors scienti c communities Implementation definition specific actions states take to make int treaties operative einnational legal systems l Ratification V i 2 Entry into force and national laws and policies Compliance a definition extent to which the behavior of a state conforms to the conditions obligations of a treaty turning treaty obligations into international law step l ratification step 2 f treaty quotentry into forcequot treaty obligations become binding at international level enough ppl ratify to become binding national laws and policies treaty obligations become binding at a domestic level turning treaty laws into national level laws 2 Ex Complying with CITES to date l78 ratifications E for entry into force need lO ratifications noncompliance ex not reporting or inaccurate reporting short fall on target by deadline no clear measure of noncompliance L for CITES compliance is legislative regulatory and administrative measures also annual reports on CITES trade 3 Drivers of compliancenoncompliance from reading on back of handout 4 N oncompliance and enforcement old version of noncompliancezassumed that countries only ratify treaties that they can comply with if dont comply then willful violation punitive approach trade sanctions exclusion from regime benefits financial penalty new version noncompliance is on accident managerial approach capacity building Effectiveness definition whether a treaty that is correctly complied with actually meets its stated objectives l Measuring effectiveness Measure how close pollution with regime is with optimal levels of pollution good or pollution without regime lbad 1 then receive a regime effectiveness grade prettg much impossible to do i 2 Effectiveness more broadly other metrics is there hard law soft law norms nothing is there change in behavior is there a change in effectiveness was the solution cost effective was the solution equitable 3 Grading the effectiveness of environmental regimes most gave a B i Implementation vs Compliance vs Effectiveness Compliance where target is and how far from target effectiveness meeting goal a kgoto have compliance but no where close to effectiveness What do IOs do I Set the agenda for global action ex CSD priority areas 2 Convene negotiations 39 ex Un General Assembly Resolution 452l2 voted to convene climate negotiations 3 Conduct fact finding efforts ex IPCC p ex Millennium Ecosystem Assessment 4 Develop norms and codes of conduct ex l995 FAO code of conduct for sustainable fisheries 5 Influence national development policies C supporting activities on a domestic level ex FAO program on integrated pest mgmt 6 Disburse funds a loan money I ex GEF initiative onplMarket transformation solar panel installation ex World Bank infrastructure loans money for dams 7 Solve problems of cooperation ex UN Security council creates regulate setting for ongoing dialogue and accountability ex climate change problem of who acts first Are Env IOs Effective The UNEP Story Estb l972 Headquarters Nairobi Kenya wanted more developing nations to have a say convinced to kick out india if india didnt step back voted on in the UN general assembly insisted on a public vote C Organizational Structure U Governing Council 58 members elected by UN GA 8 treaties Secretariats C p Mandate Catalyst 82 coordinator of environmental activities Budget 300 million grown over the past few years Rise and Fallof UNEP l972 UN Conference on Env estb UN ED U C l970mid l980s early successes set up the regional seas initiatives ozone mgmt Later l980s Period of Discontent armtwisting tactics of executive director ltoo attached to needs to of developing countries loss of confidence by developing countries lfelt abandoned in water quality pollution poverty issues l99ll993 Rival Orgs lcreated separate orgs to take care of env issues cso and GEF l997 Threat of losing funding l998 Klaus Toepfer 2006 Achim Steiner renewed confidence in the org Has UNEP been effective l Agenda setting and mainstreaming regional seas programme ozone and climate change 2 convening negotiations ozone biodiversity hazardous waste 3 global data collection global env monitoring system tracking the state of the world global resource information database U N Eps grid database 4 Advice to govs capacity building lex training border patrol ppl on endangered species UNEPS Challenges l Contradictory mandate UN paradox Env Protection U N ED v State Sovereignty Member states ex UN ED cant make a state stop polluting 2Challenge of interstate cooperation ex global north v global south not moving forward ex cold war stuck btwn US and Soviets no world action moved forward 3 Problems of Bureaucracy l capture by special interests instead of world interests ex world bank is set up to be captured by US i leadership problems have to be charismatic and diplomatic to be successful p 4 Budget Problems no steady income has diff funds little from UN most from Env fund voluntary general trust fund trust funds are for something specific lex ozone 5 Env Os no match for Financial Os imbalance working for good but financial works against env good The World Bank and Carbon strategic framework fir energy efficiency renewables and sustainable forestry 008 energy spending in 2008 75 billion to energy projects 25 billion to energy saving and renewables 5 billion went to fossil fuels UNED total budget 03 billion 6 Fragmented Approach back of handout A World Environment Organization PICK A SIDE FOR THE EXAM pros better coordination new mechanism for international nancing 82 capacity building comprehensive information gathering rather than duplicate orgs doing the same thing different statistics counter weight to WTO and World Bank Cons limit the agenda what if your issue is small and doesnt make it on the agenda waste money time on building a new bureaucracy open to capture by special interests separates env from development better to have a stake in diff orgs rather than pulled together Where would you put the WEO Genevia already an estb presence Brazil great to have more international institutions in developing countries lots of env resources Berlin fairly advanced in env policy and things seem to be moving forward empower to be a stronger advocate in an international level Beijing or New Delhi already tons of traffic going in wants to up its profile in international profile UMEP ca llO W W BJDQTH HQ memo Z MISSI OM CO DkHE T UJML K CvMEamp The international regimes approachquotmuItiIateraIismquot l The multilateral regimes approach flawed verg few successful treaties success is contingent on a long list of factors Recipe for Success epistemic comm public concern strong O powerful lead state supportive TNC treatg process 82 design I 2 flaws of multilateralism Alternatives to quotmuItiIateraIismquot Operate outside the multilateral system and learned through trial and error l Informal groups operates outside formal constraints reflect changing behavior of world power prework for multilateral negotiations ex 8 Canada FranceGermang ltalg Japan Russia UK USA 2 Regionalism closer to source of problem more familiaritg privilege state sovereigntg ex EU lcreated Union Env laws operate at their level countries must follow ex ASEAN African Union MERCOSUR ex Regional Leaders Germang China Brazil South Africa 3 Nonstate actors Efforts bg industrg exCement industrg 5 of total green house gas emissions decided to regulate themselves through the Sustainabilitg Initiative ENGOindustrg partnership Ex Rise of emissions trading Agenda setters Sources of expertise 4 Individual responsibility lharris 20l3 should be targeting how much individuals are emitting not about US v China break down the world looking at rich v poor then look at below 2 ideas to turn it into a multilateral negotiation l countries should make categories regarding how mang rich ppl gou have countries with rich ppls negotiate 2 is personal carbon trading Most countries are a combination of rich and poor ex brazil belgium and india common but differentiated responsibilitg for individuals not onlg countries rich in developed countries l 4 of global emissions rich in developing countries l 4 of global emissions National role based on the of rich people personal carbon trading each get per capita emission rights to emit a certain amount of carbon rich and poor if need more fhen go bug from someone else Evaluating Pros and Cons pop quiz regime will be on naI rules norms procedures institutions principles in regime project these are the 5 things you should talk about demonstrate rules center of regime or key norms or organizations principles draws on epistemic comm norms is a should rules are always in a treaty Panels left to do intext citations lauthor year or number bibliography and put numbers ll bibliography goes on the back of the poster l Scientificallyinformed description of problem graphs lmaps tables gures scope of problem drivers of problem key negative impacts as much data as you can pack into the panel is great no paragraphs 4 State actors negotiating groups and their interests key actors pushing or dragging negotiations Lead Veto lntermediate Bystander states Negotiating Groups ex timber exporters vs timber importers Analysis of interests table formatting 5Key sources of conflict maybe disagreements on money n v s who should take on enforcement 6 N onState actors who are they and how they contributed to the regime lOs Scientists Environmental N GOs Business actors Business Power amp Its Limits some ppl believe envs are not going to change the world be they do not have the economic power others believe economists are going to take over and pollution is going to go wild Leading Corporations on back of handout different bc China is the first 2 list determined by looking at most profitable was Exxon last year l Profits how much money making oil companies are incredibly profitable 2 Salestotal coming into the company top company Walmart 3 Assets what company owns 4 Regions and sectors number of shares x how many shares around the world value 5 Market Value top company Apple Sources of Business Power l Macroeconomic Impact structural power measured by GDP control employment tax based want to get companies to locate factories in your country bc it will contribute to income and employment in your country 2 Industries affected Organizational power small number of major corporations in every industry easier to organize quotdivided we standquot strategy creates a block gridlock cant agree 3 Availability and cost of substitutes technological power availability of substitutes investment which tech get invested in R 82 D 4 Influencing country negotiating positions instrumental elite power lobbying and donations to political campaign business gov revolving door going from key position in NGO to gov position and back to NGO business associations 5 Ability to shape debates discursive power way in which business gets to shape the debate advertising funding research funding quotexpertsquot expert opinion Limits to Business Power business interest are not uniform towards a certain issue l Business Conflict a Diff kinds of businesses b leaders vs laggards within an industry 0 uneven global playing field d producers vs retailers 39 2 Losing the discursive battle 3 International Bureaueracies Limits to Business Power 3 1 Business Conflict business is not a monolithic interest group Types of Conflict a Diff kinds of businesses lex noble energy oil businesses b Leaders vs laggards within an industry lex Dupont was a leader in the chemical industry Exon is a lagger in climate change c Uneven global playing field should the US gov support an international ozone treaty good for international producers competing against European and Japanese CFC manufacturers indiff domestic users no gain from an international agreement d producers vs retailers lex retailers in europe chose not to sell GlVlOs in store Conflict undermines influence ex global climate coalition lGCC 50 US trade orgs powerful group be represented 40 of the US economy politicians do not want to challenge a group that represents this much height of power was right before the kyoto protocol funny thing happened companies became no longer agreed with its extreme lobbying tactics 82 politics of the coalition and started leaving 996ZOOO Du Dont 199 Ford Motor Company group does not exist anymore 2 Losing the discursive battles loose the battle of words framing and how we think about the issue ex when GMOs were discovered they were promoted in addressing global food crisis and hunger did not work Frosted Fakes won ex Europe94 of EU citizens want the right to choose what food they eat 7l do not want GMO foods ex CA only one region has passed an antiGMO resolution 3 Challenge of international bureaucracy insulated from structural power appointed negotiators easier to lobby home gov than an international org ex state delegates to UN Climate Negotiations most from environment look at table scientists environmentalists economics trade and or energy Ilow do business participate in international negotiations through industry associations laka business and industry N GOs Big BINGOS International Chamber of Commerce ICC Ex ICC Commission on Environmental and Energy has sub groups that work in diff topic areas World Business Council for Sustainable Development lWBCSD membership is mainly multinationals powerful bc work it does is done by business execs Organizing Businesses BNGOs lCC WBCSD Sector lssue NGOs work together through the climate action network voice of the entire env comm looked at oil side had various business N G0s claiming to speak What BIN G0s do l Access Function EX exon can only go as a member of a NGO 2 Consensus Function llG0s came together and decided what they want to be in the treaty text more powerful if they speak for more BlllG0s get all llG0s on the same page what to push for what to watch out for make sure agree on the basic issues sometimes corps do not agree lBl393 and Shell v Exon 3 Antipolitics Function big corps dont go directly but dont want to there to observe and see whats happening no acknowledgment that had an interest or attempt at influencing outcomes business sees role as observing and not influencing keep hands clean so that BlllG0s get hands dirty with lobbying protects the imagine of the businesses How this led to business conflict Back to GCC breakup Bl and Shell were uncomfortable with Am lobbying tactics not how its done in Europe dont want to be associated with dirty politics created their own BlllG0s to represent their goals Comparing ENGO and Industry In uence l 2000 Cartagena protocol on Biosafety to C80 treaty distinguishes btwn 2 kinds of LMOs release into the env for food feed or processing lLll0FFD sets up trade rules advanced informed agreement llllll got language about the precautionary principle in treaty liability mechanism if seed gets imported and then becomes an invasive species and then reduces biodiversity Biosafety clearing house knowledge about GlVl0s risk env and human health outbreaks spills etc are in the same database 2 EN G0 vs industry attendance in the negotiations increase over time in both but more dramatic increase in EllGOs in the end had more than industrg 3 EN G0 vs industrg in uence in outcomes there was moderate influence for both find countries delegations whose interest aline with their own where industrg did not have an influence EllGOs did and vice versa Improving Business Participation should business be given expanded rights allowed to go as a business not under a BINGO should additional restrictions be placed on business should theg need to demonstrate env criteria BlllGOs have limited funding might be more lobbging it businesses go themselves Comparing and contrasting 3 models explaining states roles essay question on tinal quotquot l interest based model self interest focused objective criteria not about politics 2 domestic politics model government interests government bureaucracies domestic env mvmts leaders in an international scale politics based on interest based model 3 international norms model cultural feeds to 2 global common interest politics 3 models tit together really well sequential International Organizations IO aka intergovernmental organizations UGO aka International Financial Institutions llFl A statecentric approach to regimes can only talk about hard and soft law when talking about states can look beyond states though such as env organizations and scientists de nition international orgs that possesses ottices personnel equipment and budgets is a formal legal entity and has countries as members Types of 10s Global multiple purpose UN united nations Global specialized FAO food and agricultural organization WHO world health organization Multilateral tinancial lOs World Bank Regional development banks Other lOs OECD IO for all the rich countries EU leuropean countries OPEC lorg of petroleum exporting countries OAS lorg of am states 10s are membership orgs l0 members are states UN l92 countries WHO l94 countries includes territories Key Environmental IOs UN bc a lot has to dowith env UnEP p GEF global env Facility primary role is the funding mechanism Commission on Sustainable Development 090 soft law in the 2l century AntiEnv IOs 0 World Bank IMF WTO world trade org How IOs Operate l year founded 2 secretariats headquarters i 3 Purpose 4 Governance Structures how decisions are made who gets to be a member how communicate to make decisions decision rules 5 Budgets based on member state donations sometimes to be a member you have to pay other times voluntary donation Ex UN is in 3 Secretary General is Ban Ki Moon stati of 40000 Budget shows how powerful an organization is 7 090 set up to coordinate not spend anything Governance differs btwn l0s power structure applied Ex UN has a general assembly l92 countries l country l vote ldevelopingcountries can set the tone security council l5 countries 5 permanent l0 rotatingone country one vote specialized agencies 0 Ex UN ED governing council58 countries elected by UN Gen Assembly for 4year terms regional representationone country one vote l Ex World Bank I87 countries votes based onnumber of shares contrib to world bank Us l64 o of votes Japan has 8 industrialized countries set tone 24 executive directors 5 permanent l9 The quothovvquot of international env law and policiycase study climate change Climate Change Negotiations When s i First time countries got together to talk about climate change l99l INC international negotiating committee was in Virginia Then COP conference of the parties follows Last for 2 weeks preparatory segment workout by less important ppl ministerial people higher level of ppl come real bargaining happens heads of state Dresession works sometimes btwn countries onquot narrow topics lntersessional meetings less imp that happen btwn each of major meetings technical experts who are 5 working out stuff Where all over bc not Fair to have the cont in the same place host country has a special responsibility to make sure meeting is a success ex Japan played a leadership role to push forward negotiations i why US hasnt hosted an event not playing a leadership role In a big conference center small room or big room Who 2 major categories of ppl ppl members of country delegations could be as little as 2 to 50 ppl representing a country nonstate delegates nongovernmental orgs cannot negotiate only observe called observers international organizations i c How everyday there is an agenda text based talk and edit text bracketing symbol that shows there was no agreement on a certain part of the text turn sign vertical to signal that you have something to say host pays attention to order in which sign was turned vertical What Starting a negotiation I988l990 tirst decision would there be an international negotiation 3 options l no neg more research 2 should neg but should also talk about the law of the atmosphere 3 neg on a treaty for climate change l990 UN general assembly to start negotiation on climate change UNEP can also vote to have an international negotiation What is negotiated 2 major treaties l Framework Convention broad treaty that sets out general principles 2 Protocol or Amendment Treaty that tries to strengthen framework convention l99ll992 Negotiating the UNFCC Framework Convention on Climate Change Main thing achieved by framework t recognize climate change is a problem and set up an objective p also created a goal stabilizing GHG emissions at l99O levels N onbindinq compromise binding must stabilize vs should stabilize nonbinding divides world into 2 groups annex l countries industrialized and nonannex l developing diff sets of responsibilities set up a process for future generations how are we doing in moving towards nonbinding goal created climate change secretariat and subsidiary bodies 1997 Kyoto Protocol to the UNFCC binded targets 5 reduction for industrialized countries from l99O levels to 20l2 set mandatory reduction for countries Flexibility how countries get to meet the targets quotbasketquotapproach all GHG basket or only CO2 sources or sources and sinks count Forests that absorb and release carbon reduce only at home or buy emissions lffl lliiifflllZlZ39 Z 39 ZlZgh EX Ltloio TPAZGETS took awhile to specify these details for Kyoto Drotoc l Q50 Q since 2006 discussion has been about a second rou d of tar larger discussion for a larger part of the globe last target ended last year and right now in limbo 170 H 200 Climate from 2006 onwards deadline was suppose to be 2009 Cop l5 Copenhagen negotiation 40 bg 2020 and 80 bg 2050 include all countries p find a measurable reportable veri able actionslMRV 2 track negotiation process 39 instead Copenhagen was a disasterll no binding agreement reached gt sucked all energy out of the process other cops did not do angthing either from Cop l6Cop l9 2 Copenhagen Accord Registry p p countries given opportunity to make national level pledges ex Mexico reduction of 30 by 2020 and 50 by 2050 The quothowquot of international env law and policy international env regimes Regime bunch of treaties in the international arena definition in blue notes most important are the rules and norms ex regime around driving traffic and being on the road Rules Seatbelt speed limit right side of the road Norms shouldn39t cut someone off right of way Procedures smog check get license registering vehicle Institutions highway patrol traffic cameras DMV principles beliefs aboutwhat safe driving is careful driving improves safety Rules quotHardquot Law mostly in international env agreements look at language in treaties must vs should t more than 2 countries should be involved in a regime multilateral agreement increasing exponentially most focus on species protection then pollution prevention nuclear habitat protection atmosphere other sources of hard law on blue notes Norms quotSoftquot Law nonbinding statements SHOULDNT agreed upon by states and issued by international orgs lssue Specific ex taking care of worlds forests General Principles of env law in blue notes gets reiterated in major statements Measuring NGO In uence NGO in the UN COD and KP negotiations Framework l Access activities and resources providing written verbal info publishing newsletter ECO summarizes what happened at the negotiations the dag before llGOs have a powerful voice bc theg have thisjob verg biased calling out the states that theg think are trging to block the negotiations and vice versa Create lobbg working groups Direct advice to a state delegation more expert than government delegates 2 Goal attainment outcome and process framing the issue under negotiations shape negotiating agenda ex fromCCdecision made about numbersgave Russia this huge bene t called hot airllGOs pointed at hot air and made public was talked about in the formal negotiations insert text into final agreement Comparing N GO In uence look at table on handout more provision of advice through direct interaction in the UNCCD than C0 neither defined issue UNCCD final agreement was close to what llGOs wanted in 00 not so much shooting for 20 reduction but ended up being 5 reduction Conclusion high in desertification but moderate in 00 Variation in N GO Influence nature of the issue historg of the issue framing of the issue political opportunity Structure NGO profile 0 4 How have NC30s changejE0P K 9 63 VV A stings ll cos WW0 whats the relationship btwn N GOs and states support or challenge Are N GOs reallg representing the public enhance democracy or not N605 and states Supportiiequotinsiderquot activities I policy research and dev 2 Monitoring state commitments ex NGO that keeps track of what countries are doing 3 Negotiations reporting ex ECO Earth Negotiations Bulletin 4 Linking the domestic and international 5 Fire alarms llGOs keep tabs on negotiations for states at home 6 Enhancing domestic signaling laka tracking the big picture way of communicating that negotiation needs to be paid attention to 7 Facilitating rati cation makes its way through political process and then gets rati ed at home Challenge quotoutsiderquotactivities l lmpinge on sovereignty lie a state39s right to do what it wants within its boarders challenge state control impose international standards 2 Usurp state roles national parks health care education etc insider tactics Collaborate cooptation demobilization ex WWF outsider tactics Attack marginalization ex riot v police N605 and the public Do NC30s enhance democracy democracy form of governance where decisions are exercised by a majority of citizens through a Fair voting process Direct democracy decision is made majority rules people vote International Politics longer process decision is made majority rules or most quotsharesquot rule states delegates vote delegates ere appointed gov elected people vote l Direct access to negotiations for public 2 Are N G09 accountable look at where llGOs get their money from 3 Most N GOs aren39t democratic leadership appointed not elected members dont vote on programs influence exerted via nancial contributions US llGOs claim to represent Am ppl lbut reallg onlg a verg small fraction 4 More N GOs means less democracy quotBrolltenhagenquot Too rnang llGOs and people ended up reducing access for llGOs ppl protested peacefullg but still scarg too radical ppl got excluded poor planning merging movements More N GOs more democracy quothopenhagenquot COD 5 as a watershed for civil societg ll2 countries endorsed gt50org presence of so rnang ppl attracted more attention restrictions allovved llGOs to become quotstate delegates3939 with increased access alliance btvvn envjustice groups 82 vulnerable countries llGOs created space for disenfranchised countries to voice their opposition to Copenhagen Accord more direct voice into negotiations Improving NGO participation Should N GOs be given expanded rights should llGOs have a vote should llGOs be allowed to submit text should llGOs manage nancial transfers Should additional restrictions be placed on N GOs onlg grassroots llGOs onlg llGOs that add substance Due ThursdayKey Outcomes sln Key Outcomes also include the organizations that were created NonGovernmental Organizations partl What is an NGO definition on handout created bc there is some goal they wanted to change pursuing a set of values radical groups some have scientists and some dont represents a majority of the population get money from big funders or from members Funders interested in how much of the money that comes how much is used in the field vs in the office ex bowling league protesters church members i Types religious vs secular N GOs nonpolitical vs politically active N GOs politically active secular N GOs ENGOs BIN GOs RNGOs etc lnternational N ational Regional Transnational networks Research Activism examples on handout pg 34 Top 100 NGOs based on status impact effectiveness income etc Ceres responsible practices for business research on businesses and diff kinds of env problems use market to change company behavior Rare values based campaign promote conservation Water for people clean water in the developing world Divisions Among NGOs reform vs radical env vsjustice ex turn park into national park for elephants and move ppl donorfunded vs grass roots money vs true spirit northern vs southern N care about climate change and S cares about air and water pollution Transnational Advocacy Networks ex on pptgt local orgs use oil companies to pressure N GOs When and Why did Env NGO39s Arise most sprung up the last 30 years p over 40000 by 200l lots of issues lenv human rights peace etc Env N G0s have been around for a long time started in the UK in l889 lroyal society for the protection of birds NGOs in the UN attend lots of UN meetings over 2000 N G0s that can attend The number of N G0shas been growing bc p in response to arising problems ppl are feeling under represented by gov more ppl more ppl to represent them no limit to how specific an org can be innovation of new technologies for communication changes in the rights of N G0s in the US system invited in the US system but can be kicked out at any moment I NGO participation in UN meetings 0 mostly states only in prel945 20 years later formal criteria were estb to achieve consultative status CITES estb a mode for N60 observers participants a Montreal Protocol strengthened standard model for N60 observers participants l3 of ratified countries at a negotiation must vote to kick N GO out of negotiations What do NGOS do NGO activities providing scientific and technical expertise attracting media attention to an issue revealing disjunctures btwn rhetoric and practice organizing parallel N GO conferences educating citizens about international agreements monitoring compliance 0 Actors and Types of Power states formal rightsgunsmoney 0s power of bureaucracy states as members Scientists Legitimacy of science p NGOs ability to use info and ideas persuasion socialization leverage Influence on Policy Making 0 graph actors and influence on ppt NGOs play a central role in agenda setting and okay roles in negotiation implement compliance 8 Obstacles and Opportunities Patterns of Success and Failure Success transportation nuclear testing ozone Unclear CITES plastic in the EU energy chartes law of the sea food security whaling nuclear fusion biodiversity fisheries world population Failure env human rights forestry ocean acidification climate change coral reefs Explaining Failure Obstacles to creating strong env regimes Failure at each stage The Three C39s l Agenda SettingConcern What drives concern l indoor air pollution lno regime vs 2 outdoor air pollution lLRTlp regime l smoke from cooking bad ventilation and 22 million deaths year 2 smokestacks car exhaust and 05 million deaths yr a Issue characteristics scientific complexity and uncertainty spatial temporal scale more international v domestic industry at fault instead of ppl unequal costs easy to regulate cars than cooking b Lack of public salience exogenous shocks smokestacks are more visible indoor air pollution has no media coverage compared to acid rain c failures of agency to push issue out there states lOs scientists N GOs 8 business political institutional context no organization than less attention 2 N egotiationsContractural Env a More issue characteristics same as issue characteristics above large of actors hard to agree links to important economic and social interests some politicians are thinking about reelection timehorizon conflicts short term v long term divergent core beliefs bc of so many countries involved b Procedural obstacles slow boat prob take so long that prob has escalated so far that negotiations is the slow boat 82 prob is fast boat lowest common denominator problem all countries want an agreement but bc cant agree they fall back to LCD results in a weak treaty c Design obstacles issues are interlinked 8 have tradeoffs ex solar panels increase waste wind farms kills birds other factors affect regime design what you can get ppl to agree on protection of cultural heritage negotiations btwn countries not experts easier it had scientific experts who hash it out but nope effective regime design is difficult efforts of making policg have weird outcomes 3 mplementation Compliance Capacity poor translation into domestic law poor implementation inabilitg to monitor compliance lack of respect for the rule or law high cost of implementation compliance inadequate assistance from international level poor design makes it harder to implement mang regimes little coordination one woman that coordinates all issues with Fiji 4 Review Sgstemic Obstacles a Anarchic world lie the absence of a WEO anarchg there is no entitg that is higher than countries in the international sgstem means that there is no world gov that can tell gov what todo everg negotiation is a struggle btwn competing countries countries are mostlg out to protect themselves act in their own best interest b Conflict with global economic systems ex plastic is cheap and businesses would rather use them c Mismatch btwn global political 22 ecological systems water indians and pakistani share water but theg butt heads political sgstem is a mismatch with ecological sgstem d Conflict of sovereignty vs env protection countries sag its their responsibilitg to protect env but also get to do whatever theg want btwn boarders Explain your regime back of handout Play an important role in agenda setting and review What is the role of scientists in international env law and policymaking 4ANSWERS SCIENCEPOLICY SPECTRUM l Science as authority 2 Epistemic communities 3 PowerKnowledge networks 4 Science is not relevant to policy 1 Science as Authority Ex Discovering biodiversity loss l970s quotBiodiversity lossquot did not exist scientists created a biodiversity narrative scientists out biodiversity in the international agenda l992 Convention on biological diversity link conservation and development in agenda Scw f gt iaeglw Con CampbS S J l Trend Spotters 2 Theory builders need explanation about cause and effect 3 Theory Testers develop models 4 Science Communicators public speakers 5 Applied Policy Analysts coming up with the solution is up to the politics Environmental Assessments perfect example of science as authority model the primary vehicle by which scientists communicates with the policy process scientists summarize and give to policy makers Assessment process 3 3Z1gt3iQv i gt1CrZC C3OZ3ltl WWM gjgv EN WQOCESS Example is IP00 5th assessment report on back of handout includes 4 volumes synthesis report scientific basis impacts adaptation and vulnerability mitigation summary for policy makers is about 20 pages Where assessments end up quotcircular filequot door stop or on a desk a few end up read or referred to by policy makers and serves as a basis for an international org or regime those that had an impact ozone air pollution climate change persistent organic pollutants POP An Effective Assessment is Saliencez does the assessment address questions relevant to decision makers Credibility is the assessment scientifically supported might have some bias zs to what they choose to include and not include egitimacy Were various stakeholder interests taken into account fairly during the assessment process working with only industry stakeholders hmmm more stakeholders the less scientifically variable it becomes Assessments and their Impact Research participation challenge to get scientists to represent the globe scientists from everywhere research potential how much ozone research there was going on in for example india Issue prominence how important are these issues in for example india ex ozone climate change and biodiversity They t into the rst model into the role of science get scientists to agree then give to policy committee then create policy 2 Epistemic Communities definition knowledge based network of specialists who share belief in cause and effect relation validity test and underlying principled values and pursue common policy goals trust the scientific method shared belief in protecting nature Ex Ozone Regime Timeline of ozone lon handout Example of Key Outcomes on handout if treaty figure out how many countries ratified your treaty Key outcomes due Tues Nov 5 identify the key pieces of hand and or soft law at the core of your regime when did they enter into force how many countries have ratified what are the key obligations imposed quot a what effects have the treaties soft law had What are the key organizations created create implementation organization not more than l2 pages p include chart in key outcomes included in 2 pages current data good data over time that shows change is good In regimes the most powerful state wins analyze the problem purpose a state decision then states do what the scientists suggests SCIENCE AND POLICY SPECTRUM l Science as authority 2 Epistemic community share same beliefs have consensus have connection to key orgs then gov then get a policy consensus graph on back of lecture ll outline 3 Answer knowledge brokers 4 Science can never be of use to policy Answer knowledge brokers Knowledge brokers individuals who quotinterpret knowledgequot and quottranslate sciencequot plausibility lcredible sources loudness make sure their voice gets heard political context highlight one scientist interpretation over another scientist interpretation quot i Discursive practices quot l s a 3939competing knowledge claimsquot different interpretation of knowledge are linked to politicaleconomic institutional factors l p discourse and counter discourse always have a competing context quotFraming sciencequot science is characterized by uncertainty 2 available discourses on ozone wait to see approach precautionary discourse each framed the science in a particular way ozone depletion models 59 decline chlorine loading analysis analysis 85 cutback to stabilize at I986 levels Compare Haas and Lit n Haas model of the influence of science on policy consensus btwn the community of scientists Litfins model of the influence of science on policy contest btwn various happens within different countries but privileges the knowledge brokers interpreters play the bigger role over scientists more media based and framing i Challenging Scienti c Authority l Uncertainty challenge i sources of scientific uncertainty randomness in world limited info about complex systems a beliefs of policy makers and public ex public opposed of killing any whales but science says we can harvest some and still conserve species i 2 Values challenge Science questions become values questions ex precautionary action vs status quo priorities questions i V ex Do we invest in mitigation or adaptation for climate change J39ustice questions ex what is a fair way to distribute environmental harm for toxic waste limits of sciencell L 39 l 3 Democracy challenge Who should make decisions about the environment science implies one voice is valid q democracy implies all voices are valid What kinds of questions should be answered by experts What kinds of questions should be answered by the public i Which model best describes the role of science in the climate regime Power based networks i i From Lecture 2 Procedures Elements of a conventionprotocol l Preamble 2 Objective and principles 3 Obligations lmost imp part 4 Institutions 5 Implementation mechanisms 6 Decisionmaking procedures 7 Final clauses Institution States Part I Roles and Interest STATES Sovereignty states can do what they want with the resources in its borders The Paradox 2 competing norms rights State Sovereignty vs Env Protection Ex US MX border rio grande river flows from US to MX water was diverted to irrigate US by the time reached Mx water was polluted MX said not a good neighbor US argued based on sovereigntg EX Amazon in Brazil lnternational comm wants to save amazon Brazil wants to log amazon and sell as wood also developing area lnt comm tries to contain Brazils ideas based on good neighborliness but Brazil said sovereigntg onlg way is to convince countries to buy into idea of signing a treatg l92 recognized countries in the world divided into 5 regional groups groups of states can work together J USSCA N Z RoIes LeadPusher states moving an agreement forward Veto statesdraggers block or try to weaken a regime Supporting speak in favor of proposals by lead states Swing States demand concessions w o undermining the regime dont really care can go eitherway Intermediate States Caught btwn conflicting pressures Bystander relatively unaffected no involved at all lex whaling nations Explaining state preferences 3 what causes states to become lead vs veto states lnterest based model quotquotquotlook at graph on lectureoutlinequotquotquot depends on a countries ecological vulnerability and abatement costs Ecological Vulnerability Length of coastline of alpine areas of global biodiversity Abatement Costs S S total 302 emission CO2 emissions per capita Coal Oil reserves Enegy per unit of GDP review readings that were discussed in class lkeg arguments some but not all from studg guide plus more will be on the final will not be expected to cite on exam Explaining Success the ozone regime premiere example of success at the international law a policy domain in reading written in l987 did not know regime was going to be a success interesting first major international treaty to deal with an atmospheric problem Timeline of ozone is perfect example of the 4 stage process agenda setting negotiations implementation 82 review starts with scientist making connection lscientist key in agenda phase IO starting negotiation framework vienna convention then cycle starts again bc convention was not successful happens at least 8 times looking at CFC reductionscan tell that regime helped in reducing ozone hole can measure effectiveness and give it an effectiveness grade Key Actors in the ozone regime l States a Explaining state roles l interestbased model lbased on abatement costs and ecological vulnerabilitg good range domestic politics Japan and China were pressured intojoining international norms model other countries are telling countrg to come on board LEAD US Sweden VETO UK France Japan China 2 Os and Scientists a Sciencepolicg spectrum Science as authoritg epistemic comm powerknowledge networks science can never be of use to policg where ozone fits best lOS UNED WMO Scientists USA EDA OES NASA NOAA UK lBritish Antarctic Surveg Farman Watson Scientific disagreements rate of ozone depletion causal mechanism for Antarctic ozone hole how to measure CFC production rates 3 EN GO39s a llGOs and StatesllGOs and Dublics NRDC and Ozone Action Do llGOs sgpgm or challenge and enbai or reduce democracg 4 Business Actors a Business power and its limits macroeconomicindustries affectedavailability and cost of subs country negotiating positions ability to shape debates Chem Manufacturers Assoc Alliance for Responsible CFCl3olicy Dupont lntraindustry conflict focusing on consumption vs production quottoroto groupquot v european comm dupont at capacity and had an alternative product Cl and Atochem were under capacity definition of a regime is the same def for the ozone regime precautionary principle was a norm institutionsorg montreal protocol fund set up under regime to pay developing countries to offset cost of reducing Cl Cs Pathway to success in the ozone regime Benedict I99 what was it that produced this successful outcome 5 elements of success role of science power of knowledge and of public opinion activities of multilateral institutions U N ED indiv nations policies and leadership hegemon private sector orgs industry with substitutions process and how they subdivided the problem designed the treaty as a flexible and dynamic instrument good negotiations process summarize engaged epistemic comm public mobilization around quotozone holequot leadership by UN ED Leadership by US the dominant hegemon Support of Dupont a major TN 0 ozone treaty good negotiations process flexible treaty Comparing to your regime
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