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LW452 REGIONAL ENVIRONMENTAL LAW (TOPIC 10: COMMAND AND CONTROL REGIMES …

- - - - A new concept to Western legal systems - very recent
        
        Cultural and ideological reasons why it is a new concept. Most law is based on Judeo-Christian and Greek principles - very anthropocentric. Strong orientation towards 'progress' - often at the expense of the environment. #
        
        Environmental law only emerged in the 70s and 80s
        
        Three pillars of common law are anthropocentrism, individuality and private property rights - but environmental issues tend to be of PUBLIC concern and PUBLIC impact.
        
        If you cannot fully recognise the importance of the communal as opposed to the individual then ideas such as communal rights and communal ownership are hard to appreciate.
        
        were communist countries better at environmental protection? NO - still anthropocentric, but with state at centre rather than individuals.
        
        this is why cultures that have a philosophy of isolated individualism are cultures in which private property rights are of primary importance in the legal system
        
        It is difficult to enforce public rights under common law, which privileges individual rights especially individual property rights over collective interests of the community generally.
        
        NO STANDING: Those who seek to litigate on matters outside their own individual interests are said to have 'no standing' to bring the action - the law of standing -
        "locus standi"
        
        ACF v Commonwealth (Australia) - applicant must prove that they have a "special interest" in the subject matter of the proceedings
        
        law of standing has been gradually relaxed, but still there is often no appropriate course of action available
        
        Case law thus not helpful as a legal tool to promote environmental protection
        
        most environmental law is relatively new - legislation, regulation and international and regional agreements # #
    - - Is customary law a type of environmental law?
        
        Depends how you define environmental law - but in general yes - because it regulates behaviour relating to the environment
      - Grove's 2001 study showed that the first substantial governmental regulation of environmental issues arose in the context of colonial administration of small tropical islands
        
        island environments degraded quickly after the arrival of colonial industry - became microcosms of ecological learning and legal development, with input from indigenous people (customary law).
  - - - Facts vs values: when we define things by reference to values we automatically view things in the way we think they should be viewed, which then influences our impulses in terms of environmental policies and laws (Bell & McGillivray 2006 p6)
      - How we define "environment" is important because it shows what we deem 'worthy of protection' *(Bell & McGillivray 2006 p6). Definition indicates 'the value placed on various aspects of the environment and the perceptions that policy makers have of the environment' (Boer, in Craig, p6)*
      - Definitions matter because they can influence policy direction
    - - 'all, or any, of the following media, namely, the air, water, land, and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground' (EPA 1990)
      - 'Surroundings in which an organisation operates, including air,water, land, natural resources, flora, fauna, humans and their interreltion. Surroundings in this context extend from within the organisation to the global system' (Environmental Management Standard ISO 14001)
      - 'the combination of elements whose complex interrelationships make up the settings, the surroundings and the conditions of life of the individual and of society, as they are or as they are felt' (European Commission definition)
      - 'various things of a physical and biological nature surrounding human beings and created naturally, and man-made objects (Thailand's Enhancement and Conservation of National Environmental Quality Act)
      - 'all aspects of the surroundings of human beings, whether affecting them as individuals or in their social groupings' (Australia's Environmental Protection Act)
    - - Time
      - Different layers/levels of environmental law are legal constructs (international, national, regional, local), which have no relevance to flora, fauna or natural processes.
    - - Anthropocentric: human-centred, the environment as something that surrounds and serves human uses and needs #
        
        WHat are these uses/needs?
        
        recreation
        
        aesthetic enjoyment
        
        education
        
        fear of unknown consequences of irreversible loss
        
        resources base in the gene pool
        
        scientific knowledge
        
        Individualism - traditional cultural values in most Pacific Islands emphasise the communal aspect of human life more strongly than the purely individual aspect. #
        
        Liberalism: elevates individualism to an almost absolute level in which individuality is believed to be the most significant aspect of the human condition
        
        Private property rights
      - Ecocentric: the entire environment is an inter-linked ecosystem and humans are just one of the links.
        
        interdependence - all forms of life are interdependent and must be valued for their interdependence
        
        spiritual harmony - the feeling that individuals have with nature
        
        extensionism - treats environment and ecosystems as persons in the same way as other entities are afforded a legal identity
        
        fictionism - the device by which a status is afforded to the environment or an ecosystem by deeming it to have rights which it would not otherwise have
      - Critiques of Eco-centrism
        
        Guha: "Radical American Environmentalism and 'Wilderness' Preservation: A 3rd World Critique"
        
        'Deep ecology 'is a uniquely American movement, with very different social and political goals to environmentalism in other countries.
        
        There are serious social consequences of putting 'deep ecology' into practice on a worldwide basis.
        
        Characteristics of 'deep ecology'
        
        Demands total shift from anthropocentricm to 'biocentrism' (ecocentricm). Based on idea that there is intrinsic worth of environmental protection beyond the benefits that this will convey to future generations
        
        this dichotomy fails to help understand the dynamics of environmental degradation which is based on (1) overconsumption by the industrialised nations and (2) growing militarisation. The degradation they cause does not serve the interests of human being so it is irrelevant to invoke anthropocentrism
        
        Radical obsession on wilderness preservation and restoration of degraded areas
        
        Emphasis on wilderness preservation can be harmful when applied to developing countries - e.g. tiger reserves in India led to displacement of peasants, reserves in Africa largely benefit rich tourists. Detracts from environmental problems that are more immediate and relevant to the lives of the poor such as pollution, water shortages, soil erosion # #
        
        Claims to be a philosophy of universal significance with roots in Eastern spiritual traditions and the cultures of 'primal people' in non-Western settings.
        
        does not bother to fully understand nor differentiate between religious traditions (Buddhism, Hinduism, Taoism). Dictated by a need to construct an authentic lineage and present it as universalistic philosophy. Uses 'the East' as a vehicle for the projections of the West. Manipulated to highlight either their 'ecological wisdom' for the support of deep ecology, and concurrently their 'pre-scientific and backward nature' for the support of perpetual tutelage by the West in all other things such as science and economics.
        
        They are the 'leading edge'of the environmental movement, the spiritual, philosophical and political vanguard of the American and global environmentalism
        
        best viewed as a radical trend within wilderness preservation movement. Enjoyment of nature is part of a consumer society.
        
        Rose 2006 (phD Thesis 'The Village and the Leviathan
        
        "Can value in any meaningful way exist apart from humans?" (From Fisher) Can humans really see the world in a non-anthropocentric way?
        
        BUT - Environmental law does not regulate the environment - it regulates people. Therefore it is the behaviours and incentives that guide people's actions that should be the focus, not the 'values' that some seek to project onto Nature itself.
        
        YES - "non-human values" can exist, but they should not be used as a basis of human ethics, particularly in intercultural contexts.
        
        Is ecocentrism a way for environmentalists to avoid hard economic and political issues - and therefore will not understand root problems of environmental degradation
      - Functional Perspectives on the Human-Nature relationship (from Fisher)
        
        Humans Dominating Nature - a result of the fundamental principles of Judeo-Christianity (man given dominion over all creatures and things), as well as Greek influences (man's relationship to resources not subject to moral censure)
        
        Humans Cooperating with Nature - humans as stewards - the value of nature is acknowledged but humans retain their position at the centre of these values. 'Stewardship' recognises that the use of nature is as important as its conservation, the important point is the notion of responsibility - this is one of the ethical foundations and emerging mechanisms of environmental law.
        
        Humans Conserving Nature-
    - - 'the administration of human activities as they affect and relate to the the entire range of of living and non-living factors that influence life on earth and their interactions for the purpose of ensuring development that meets the needs of the present without compromising the ability of future generations to meet their own needs' (Boer, in Craig, p6) #
        
        SUSTAINABLE DEVELOPMENT involves application of the concepts of:
        
        intra- and inter-generational equity
        
        the precautionary principle
        
        the maintenance of biological diversity and integrity #
      - Are 'environment' and 'development' fundamentally contradictory elements or conflicting values?
        
        NO: this dialectic viewpoint fails to recognise importance of development to environmental protection. And justifies environmental degradation as an unavoidable aspect of development
  - - - Includes conventions, protocols and 'soft-law' guidelines or codes of conduct. To facilitate their implementation there are agreements, resolutions and declarations.
      - builds and captures consensus between nations on goals for environmental protection and resource conservation and sustainable use
      - Principles of international environmental law include: "common but differentiated responsibilities", "polluter pays", the precautionary principle", "inter-generational equity", and "sustainable development". These principles are supposed to guide environmental policy and law making at the domestic level.
        
        precautionary principle - urges governments to err on the side of environmental protection when the precise impacts of an activity are not fully known #
        
        polluter pays - seeks to make polluting industries economically responsible for the impacts of their commercial activities
        
        sustainable development - requires present developments to allow for the needs of future generations (inter-generational equity)
        
        CAN THESE PRINCIPLES EVENTUALLY ACQUIRE THE SAME JURISPRUDENTIAL FORCE AS FOR EXAMPLE THE PRESUMPTION OF INNOCENCE? - helps if judiciary is sensitised to the importance of environmental issues
      - one of the fastest growing areas of law
        
        in 1972 only three dozen multilateral treaties concerning environment, now over 900
      - Hard/legally-binding: treaties.
        Soft/non-binding: declarations
        
        Soft law can contain principles which then crystallise and can become customary international law - which is binding. eg the Rio Declaration is soft law, but contains principles which have over time become so universally accepted that they are hard law.
      - Norms of international environmental cooperation - deal with relations between states
        
        "no harm" rule - an obligation upon states to ensure that activities within their borders do not have damaging impacts beyond their borders (precedent - 1941 Trail Smelter case - smoke from smelter in Canada causing impacts across the border in Washington, USA)
        
        the principle of state cooperation - requires states to cooperate in good faith with one another in relation to environmental management
        
        the principle of common but differentiated responsibilities (CBDR - Principle 7 of Rio Declaration) - recognises that different countries will have different needs and responsibilities (particularly important in relation to participation by developed and developing states) #
      - Major International Instruments
        
        1992 UNFCCC
        
        2 subsidiary agreements:Kyoto protocol and Paris agreement.
        
        1992 Convention on Biological Diversity
        
        Rio Declaration (soft law)
      - Regional Environmental Agreements
        
        1976 Apia Convention on the Conservation of Nature in the South Pacific (Apia Convention)
        
        1986 Convention on the Protection of Natural Resources and Environment of the South Pacific (SPREP Convention)
        
        1985 South Pacific Nuclear Free Zone Treaty (Treaty of Rarotonga)
        
        1995 Waigani Convention to regulate transboundary movement of hazardous waste
    - - legislation, standards, institutions and administration adopted to control activities damaging to the environment within a state
      - a mechanism for translating environmental and sustainable development policies into action at the national level
      - Types
        
        Framework legislation - a single law which contains a comprehensive system of environmental management (eg Fiji's EMA)
        
        Sectoral legislation - addresses specific aspects of the environment and human activity (eg Fiji's EPS Act)
        
        Incidental legislation - laws not specifically intended to address environmental issues but which do contain some elements that have an impact on environmental issues ( eg ??)
  - - - more severe cyclones, low-lying islands. The activities that contribute to climate change take place in industrialized countries
    - - distinct and isolated populations are threatened. Impacted by invasive species, deforestation, coral bleaching
    - - overall population growth, urbanisation, threat of climate change displacement, strain on ecosystems
    - - challenging to control, given the size of the area. Many nations lack the resources to control over-and illegal-fishing.
    - - marine and air pollution from other sources, contamination from ballast water, air pollution from forest fires, radioactive particles from nuclear testing
- - - - General principles of law recognised at the international level
        
        Principles from domestic law (laid down in states' constitutions) that are so widely recognised they have acquired the status of international law. e.g. sanctity of human life, principle of due process
        These are general propositions underlying the various rules of law. They provide guidance in the interpretation and application of IL. Established by reference to the fact that nearly all states recognise these principles in their municipal law
        
        Pacta sunt servanda: (agreements must be kept) contracting parties are always assumed to be acting honestly and in good faith
        
        Sic utere tuo ut alienum non laedas: (Use your own property in such a way that you do not injure other people's). States must exercise their rights in a manner compatible with their various obligations arising either from treaties or general law.
        
        ,
        Rio Declaration: Principle 2
        States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.
        
        Stockholm Declaration: Principle 21
        States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.
        
        Duty to notify - a state may be obliged to notify other states of a proposed policy change when such changes pertain to those states.
        
        Agenda 21: Principles 18 and 19
        States shall immediately notify other States of any natural disasters or other emergencies that are likely to produce sudden harmful effects on the environment of those States. Every effort shall be made by the international community to help States so afflicted.
        
        States shall provide prior and timely notification and relevant information to potentially affected States on activities that may have a significant adverse transboundary environmental effect and shall consult with those States at an early stage and in good faith.
      - Judicial decisions and academic writings
        (considered a subsidiary source of law - cannot overrule a treaty or a rule of custom) -is only considered if there is not treaty or customary law on that matter. Is used to clarify the precise meaning.
        
        International Court of Justice (ICJ) is the principal judicial organ of the UN - it hears international disputes and can apply IL derived from customary IL, general principles of IL, treaties, or from the writings of eminent judges of domestic courts and eminent academic writings that seek to define and describe commonly accepted principles
        
        decisions of the ICJ contribute directly to IL and may also be a means by which broader writing and opinions can be more formally recognised in IL
        
        there is no supreme source of authority such as a central constitution or a court of unlimited jurisdiction
      - Treaties - "an international agreement concluded between states in written form and governed by international law" (VCLT)
        [some instances where they are between colonising governments and indigenous peoples]
        
        Process
        
        Ratification is a formal process in which a state agrees to the final terms of the instrument and notifies the parties that are administering the process (the depository). State is only bound by the provisions once it ratifies it. Accession means ratification after it has closed for signature
        
        Initiation of the process: usually a UN body mandates a committee to begin drafting a treaty
        
        Small group of countries form the committee and take the lead in draft articles in the text
        
        Negotiation and reaching consensus on text
        
        Adoption - usually at an official confernce
        
        Reservations - states that do not agree with certain articles
        
        Signature - can open for signature immediately or some time after adoption. NOT THE SAME AS RATIFICATION. Not binding upon signature - but doesn't mean it can ignore it ("is obliged to refrain from acts which would defeat the object and purpose of a treaty")
        
        Entry into force
        Treaties are not always binding immediately upon signing. They need broad acceptance in the international community, sometimes a requisite number of parties to ratify. eg Kyoto Protocol and Paris Agreement both require ratification by 55 Parties representing at least 55% of global emissions before it enters into force. If silent on when it enters into force - then only enters into force when ALL signatory states ratify it.
        
        Amendment: Article 40 of the VCLT. Treaty amendments usually happen through COP resolutions. COP is the implementation body - can adopt a reolution to amend a treaty. Can also happen through Protocols (usually additions to or specification of obligations)
        
        Registration: UN Charter Article 102 - registration and publication by the UN - treaty database
        
        Structure
        
        Convention or Framework Convention: this denotes the broad agreement of principles and policy - often then followed by a protocol which sets out specific obligations (eg UNFCCC and the Kyoto Protocol)
        
        The Law of Treaties - customary rules that had developed in relation to treaty making were codified in 1969 Vienna Convention on the Law of Treaties (VCLT)
        
        Articles 31 and 32 deal with rules of interpretation of the law of treaties
        
        how they are entered into, how they are negotiated, what happens when a treaty is in force, how to get out of them, how to amend them
        
        Treaties serve as the foundation for national legislation. Much environmental law has been developed in response to obligations imposed by international and regional treaties. States can also adopt environmental legislation without any international obligation.
        
        international perspective is important because of the transboundary nature of so many environmental problems
        
        Why are they important for small countries: (Aust. DFAT )
        Australia participates in treaty making because it is in the national interest to do so. If the projection of military and economic power were the main means by which national objectives were pursued, Australia would be vulnerable. Our geographic isolation and small population would be seen as a weakness. Nations, particularly States with a relatively small population such as Australia, benefit from a world where interaction between countries takes place within a framework based on fair, agreed and transparent rules as agreed in treaties.
        
        small countries benefit from clear rules based on the principle of equality of states #
        
        Terminology: Hard vs Soft law
        (NB - the term itself is not conclusive as to the legally binding nature of the source eg Agreements can sometimes be soft law, like 'Paris Agreement' is non-binding, 'Earth Charter' is soft law, Copenhagen Accords are soft law. Need to look at the details of the instrument)
        
        Hard:
        ◦ Treaty
        ◦ Convention
        ◦ Agreement
        ◦ Protocol
        ◦ Charter
        ◦ Binding instrument
        ◦ Statute
        ◦ Covenant
        ◦ Accord
        ◦ Customary IL
        
        Soft:
        ◦ Declaration
        ◦ Statement
        ◦ Guidelines
        ◦ Plans of Action and/or Implementation
        ◦ Programme of Action
        ◦ Memorandum of Understanding
        ◦ Accord #
      - Customary International Law
        
        when common principles develop slowly over time they become customary rules. Customary IL is derived from well established practices at the international level. It consists of specific rules formulated for practical purposes. It has wide scope but is slow to develop.
        
        Every rule of customary international law is made up these two elements:
        
        Opinio juris (sive necessitatis): an opinion of law (or necessity). States must act in compliance with the norm not merely out of convenience, habit, coincidence, or political expediency, but rather out of a sense of legal obligation. States must believe that a rule is already legally binding.
        
        Inveterata consuetudo: constant and uniform usage. A single precedent is not enough - there must be a degree of repetition over a period of time. There should not be major inconsistencies (ie practices that go against the rule in question).
        
        There can be considerable debate over whether a practice constitutes a rule of customary law (if a court has not ruled on it). eg whether or not the precautionary principle is a rule of customary international law because the principle of opinio juris has not been established.
        
        Persistent Objector- A state that clearly and consistently manifests its objection to a rule of customary international law since its inception, thereby escaping its universally binding effect.
        
        must be put on the record every single time that it comes up - ie for each treaty that contains that principle
        
        Stockholm 1972 UNCHE
        Rio 1992 UNCED
        Johannesburg 2002 WSSD
        
        definition of the ICJ: "evidence of a general practice accepted as law"
      - Soft law - non-binding, and therefore not technically law
        
        eg declarations, guideline, codes of ethics, are also considered an authoritative source of international law. But can contain principles or concepts which may crystallise into customary law or treaty law or both.
    - - "The application of international law to environmental problems" (Birnie, Boyle & Redgewell) - could include investment/ trade/ human rights law which could be applied to environmental problems
        "International norms whose purpose is to protect the earth's living and non-living elements and ecological processes" (Kiss & Shelton) - more specific, narrower definition - specific body of law customary international law or treaties specifically designed to protect the environment.
      - Issues: Broad or narrow? A discrete field or discipline?
    - - Notable publications and formation of environmental NGOs
        
        1836: Ralph Waldo Emmerson, "Nature" essay - reflected the origin of environmental ethics, and the need for environmental protection.
        1949: Aldo Leopold, "A Sand County Almanac" - collection of essays advocating a 'land ethic', or a responsible relationship existing between people and the land they inhabit
        1962: Rachel Carson, "The SIlent Spring" - documented the detrimental effects on the environment of the indiscriminate use of pesticides
        1968: Garrett Hardin, "The Tragedy of the Commons" -
        #
      - Major international conferences
        
        1949 UNCCUR
        1972 Stockholm UNCHE
        1992 Rio UNCED
        2002 Johannesburg WSSD
      - Treaties - became more numerous once the conferences started happening and the environmental organisations were formed
        
        1972 - 1992
        1980 World Conservation Strategy
        1982 UN World Charter for Nature (ecocentric - "regardless of its worth to man")
        1987 Our Common Future (Bruntland Report) - first introduced concept of Sustainable Development
        1972 WHC, 1973 CITES, 1979 CMS, 1982 UNCLOS, 1985 COL, 1989 Basel
        1992 (Rio) - Rio Declaration, Statement of Forest Principles, CBD, UNFCCC, Agenda 21, GEF
        
        pre 1945 some treaties that dealt primarily with limiting exploitation of natural resources eg fisheries, seals (not so much for protection, but for ensuring future consumption)
        
        1945-1972: Formation of the UN, UNDP, UNEP
        1945 UN Charter
        1948 UNDHR
        1954 Hague Convention (Cultural Property)
        1959 Antarctic Treaty
        1969 Outer Space Treaty
        1971 Ramsar Convention (Wetlands)
        1972 London Convention (Dumping)
        1972 World Heritage Convention
        
        post 1992
        1994 Desertification Treaty
        1997 Kyoto Protocol
        2000 Millennium Declaration, MDGs (not so much focus on environment)
        2000 Earth Charter (UNESCO) - soft law
        2002 Johannesburg Declaration, Plan of Implementation
        2015 SDGs (better on environment, operationalised idea of SD)
        2015 Paris Agreement
      - Formation of environmental groups and international organisations
        
        1892 The Sierra Cub
        1935 The Wilderness Society
        1945 UN
        1948 IUCN
        1951 Nature Conservancy
        1961 WWF
        1965 UNDP
        1971 Greenpeace
        1972 UNEP
    - - Sovereign rights over natural resources. States have sovereign power over their people and their resources.
        Stockholm Declaration Principle 21, Rio Declaration Principle 2)
      - No harm principal. Responsibility to avoid transboundary harm. Limits the principle of sovereign rights.
      - Sustainable Development.
      - Common but
        Differentiated
        Responsibility
        
        Differentiated Standards - developed countries should undertake most of the burden of action - eg Kyoto Protocol obliges emissions reduction on developed countries, not developing ones.
        
        Reference and accounting of the special needs and circumstances of certain countries - eg SIDS
        
        Provision of dedicated financial and technical assistance eg Montreal Protocol Fund, Global Environment Facility
      - Precautionary Principle
      - Polluter Pays Principle
      - Principle of International Cooperation
        (Rio Declaration, Principles 5,7,9,12,13,14,24,27)
  - - - Components of sovereignty
        
        the independence of each state presupposes that of others - each state is required to recognise the independence of other states
        
        each state is therefore equal at law
        
        Absolute power of the state over its citizens, limited only by territorial boundaries
      - critiques of sovereignty: it is outdated, there is a need for global government in some areas (internationalism)
        
        states have in fact given up some sovereign powers in order to find solutions to global problems that require global cooperation.
- - - - 1st wave occurred after first human settlement
      - 2nd wave - colonisation in the 18th and 19th century - new diseases, invasive species, exploitative and extractive land use, anthropocentric views
      - 3rd wave being caused by climate change
      - Key threats:
        high population growth, limited land resources, deforestation and forest degradation (tropical forests being largest source of biodiversity), urbanisation, pollution, invasive species, over-fishing (commercial scale), waste management and pollution (eg ballast pollution), climate change (warmer oceans, ocean acidification - coral bleaching)
    - - Increase demand on scarce resources
      - Economic problems associates with population growth (ie higher health/education costs) - less money for environmental issues (such as marine surveillance)
      - May, on the other hand, generate more money?
    - - from urbanisation, logging, mining other commercial activities
      - need and opportunity for development of renewable energy sources (wind, hydro, tide, solar, biofuel) - reduce pollution, decrease expenditure on importation of fossil fuels, promote a market of carbon credits
      - The technology and IP is not available to developing countries. Some countries such as US continually try to block any IP agreement to make these more accessible to developing countries. (maybe a good thing US is pulling out of Paris?)
      - Pacific Island states have a lot of political will for renewable energy, but so far a piecemeal approach, done with help from development agencies.
    - - PICTs contribute 0.03% of global carbon emissions.
      - but they are the most vulnerable countries in terms of the impact - sea-level rise, cyclones, fragile ecosystems, changing weather patterns, salt water intrusion
        
        low-lying atoll states (Tuvalu, Kiribati, Tokelau, Marshall Is) are particularly at risk
        
        A 1 degree rise has already occurred. Anything over 1.5 degrees will be catastrophic for the Pacific.
      - politics and economics of CC may offer some opportunities to PICTs - eg programs that increase carbon sequestration through forest conservation and re/aff-forestation, and adaptation programmes.
        
        Is the carbon market just a 'licence to pollute' for industrialised nations?
  - - - relevance of a treaty's subject matter to regional problems and priorities (Fiji was the first country in the world to ratify the Paris Agreement)
      - impact of implementation on livelihoods, cultures and economies
      - cost of ratification - monitoring costs, compliance costs, cost of formulating domestic laws
      - costs of implementation - administration, attendance at COP and other meetings, regular reporting (personnel with technical expertise to draft these)
      - local ownership - how much have they already invested in the negotiation, does it reflect their priorities?
      - external 'marketing' / pressure from NGOs/UN - eg Tonga's ratification of CEDAW (may be counter-effective)
    - - 1995 Barbados Plan of Action
        2005 Mauritius Declaration
      - act as a region, despite being geographically disparate - due to overlap in issues and priorities
      - often in alliance with LDCs (eg Kiribati, Tuvalu, Solomons, Vanuatu). Vanuatu was due to be upgraded but Pam destroyed 67% of GDP, so it remains an LDC. Tuvalu wary of potential upgrade - may lose access to LDC funds.
  - - - very high ratification for UNFCCC and CBD (strongly premised on CBDR principles, with funding and capacity-building mechanisms),
      - but very low for Apia Convention (considered a failure - only ratified by Fiji, Cooks, Samoa, Australia and France). Suspended in 2006. CBD more effective and has funding
      - Ratification higher for treaties that established regional organisations such as SPFF (1979) and SPREP (1993)
      - Universal ratification by PICTS for the Pacific Nuclear Free Zone
  - - - easier to negotiate - among a small group of like minded parties. Shared issues and context.
      - Provisions can be made specifically relevant to Pacific issues and context - eg collaboration with customary systems of environmental protection
      - Regional treaties are controlled by Pacific Islands governments (leaves out more economically /militarily powerful countries)
    - - cannot bind or control anything outside of the region (may leave actual problem unaddressed)
      - No access to global funding - SPREP convention funded by Aust & NZ, but CBD has funding from the entire industrialised world (GEF)
      - may duplicate or conflict with international trieaties eg Basel and Waigani - very similar provisions, so more PICTs ratify Waigani
  - - - ban on new coal and fossil fuel mines, prohibit fossil fuel subsidies
      - 1.5 degrees
      - universal access to clean energy
      - Pacific Compensation Fund
      - regional framework for cooperation on climate-induced migration
  - - - 1986 Protocols:
        Prevention of Pollution by Dumping
        Combatting Pollution Emergencies at Sea
    - - important coordination role for the region at international negotiations, essential support for the development and implementaton of environmental law
      - considered the most successful sub-regional environmental agency in the world
  - - - Common problems
        
        statutory law in conflict with customary law, one law in practice another on paper
        
        gaps and omissions (eg Vanuatu - ship owners can dump chemical waste - no domestic laws that prohibit it, although they have ratified numerous treaties)
        
        inadequate institutions to administer, implement and enforce the law (eg Vanuatu - only now setting up a marine regulatory body, Fiji's DoE understaffed and under-resourced)
        
        more insidious problems: corruption, civil unrest, ability of large corporations to exert economic pressure on governments
- - - - how do we incorporate into environmental law ways for the public to become involved?
    - - challenges previous assumptions that the environment has an unlimited capacity to serve human economic aspirations
      - challenges the principle of unlimited state sovereignty (the no harm principle) #
      - identifies the need for global response to global problems - they cannot be resolved by individualism or self-interest
  - - - a key component is the capacity to represent the collective interests of identifiable groups within society. Ensures proper accountability and representation.
      - essentially it refers to non-state actors, and is a means for giving expression to public interest values.
      - "a permanent non-proft-making association if individuals or groups of individuals not established by intergovernmental agreement, the activities of which are determined by the associatie goal and the collective will of its members. Members may be designated by governments if the free foramtion of opinions of individuals or groups of individuals is ensured within the organisation" (Riedinger in Gerdung 2004)
    - - they are legally direct to pursue private (ie commercial) self-interest alone, therefore cannot necessarily act in the public interest. They MUST act in the interests of the shareholders first and foremost.
      - they are powerful economic and political actors in their own right (more so than some countries) - therefore do not need to be empowered to participate
    - - Types of Environmental NGOs
        
        Level of Operation:
        (Big) International NGOs - WWF/WCS
        Regional NGOs - Foundation for the Peoples of the SP
        National NGOs - NatureFiji
        Local NGOs
        NGO networks (PIANGO, PICAN, Ecoforestry Forum)
        
        Type of Activity
        Activist NGOs - Greenpeace
        Policy advocacy NGOs
        Project-orientated NGOs - short/long term with clear aims and objectives
        Legal advocacy NGOs - eg Earth Law Centre
        Information dissemination NGOs - maintain databases to share with the public
    - - 'community' harder to define in western civilisations, since liberalist theory has denied and devalued it as a locus of political activity (compared to the individual and the state).
      - 'community' is more clearly defined in indigenous cultures - particularly where the link between communities and customary land tenure and usage have remained intact
      - Indigenous and Customary Roles in environmental governance
        
        UNDRIP Article 15 - rights of indigenous peoples to the natural resource son their lands and to participate in the use, management, and conservation of these
        
        good environmental governance must recognise and facilitate the contribution of indigenous groups in matters of conservation and SD
        
        generally indigenous rights to land and the use of natural resources have only received small recognition
      - Customary Rights in the Pacific
        
        customary rights over land and land management are generally more secure in the PICs than in westernised states
        
        growing judicial recognition of native title rights in Australia, Canada, USA eg 1992 Mabo v Commonwealth of Australia no. 2 recognised for the first time the ongoing existence of native title rights
        
        these rights generally enshrined in all PICs constitutions
        
        eg Vanuatu: "All land in the republic of Vanuatu belongs to the indigenous custom owners and their descendants"(s73), "the rules of custom shall form the basis of ownership and the use of land..." (s74)
        
        Common law vs Customary law
        
        common law often stands in the way of proper enforcement of customary law. Common law courts generally define the content of these right to be largely subservient to the more familiar common law types of proprietary interest.
        
        Fiji 2004 Narawa v NLTB - only recently that courts recognised custom groups (mataqali) as having standing to challenge NLTB decisions for alleged failure to administer lands in the interest of customary owners (despite consitutional provisions - s186 - recognising customary law and rights)
        
        traditionally common law has resisted recognising public interest advocates as having a proper role in enforcing legal standards #
        
        Statutory recognition of the skills and experience of customary land owners and the need to engage their cooperation
        
        eg Vanuatu 2002 EMCA provides mechanisms for the creation of Community Conservation Areas (custom owners ask Director of Environment to register them as such)
        
        formal recognition of older forms of environmental regulation, no-take zones to maintain local sustainability
  - - - flag non-compliance or gaps in implementation.
    - - participate in treaty negotiations and COP (Observer status)
    - - foreign govt can give money to their own NGO - eg German government to GIZ. Regional or local NGOs can also receive the money to oversee environmental programmes.
    - - similar to above
    - - eg Greenpeace on whaling
    - - eg debt for nature swaps
    - - International Peace movement, animal rights movement, Friends of the Earth
    - - may be hard in cases where there is no national legislation to enforce international treaties.
  - - - locus standii is a very controversial obstacle to public participation in environmental law. ACF v Commonwealth
      - Some examples of gradual relaxation of locus standii
        
        Since ACF v Commonwealth some relaxation by the Australian Federal Court (North Coast Env Council v Minister for Resources)
        
        UK courts allowed Greenpeace to apply for judicial review of a decision to allow a company to re-process nuclear fuel (R v Inspectorate of Pollution, ex parte Greenpeace)
        
        WDM allowed to apply for judicial review of the decision to grant 300million to a Malaysian hydroelectric project (R v Foreign and Commonwealth Secretary, ex parte World Development Movement)
      - Statutory open standing provisions
        
        environmental legislation often provides either open or less restrictive standing provisions than is available under common law
        
        Fiji EMA: s54(1) "any person may institute proceedings in a court to compel the performance of functions under the Act"
- - - - a consequence of the failure of common law to regulate use of these non-owned resources has been that such resources are controlled by governments by statute
      - result is that many communities begin with very little inherent power over their local environments
      - Pacific Islanders have more power due to customary rights, but these can be in conflict with common law
    - - eg Kakula Island Resorts v Govt of Vanuatu: Company sued Director of Environment for defamation - award of damages was substantial. Danger of small governments being subjected to civil litigation
  - - - gives property holders a right of action against anyone who directly infringes their proprietory rights
      - can be used to prevent others entering and damaging your land
      - entry must be 'unauthorised', so unsuited to diffuse pollution
      - to receive financial compensation there must be proof that damage has occurred
      - eg Kololeana case (Solomons): logging licence was declared null and logging company was sued for trespass, and community recovered damages
    - - nuisance is indirect and need not be intentional, eg noise, odor, airborne or waterborne pollution
      - more flexible for environmental impacts
      - predicated upon injury to the plaintiff or interference with their ability to enjoy their property
      - not just presence of pollution - must prove that it actually harmed or interfered with use of the property
      - Van Son v Forestry Commission of NSW: due to sedimentation (from logging activities) her rights to access unpolluted water was interfered with.
      - Limitations:
        
        depends upon plaintiff having property rights infringed
        
        relates only to very obvious and measurable impacts
        
        must show actual specific damage (not just risk of damage)
    - - more difficult to establish but potentially has more utility for environmental objectives
      - affect a specified class of people sufficiently wide to be deemed 'public' in its impact.
      - not necessary to show that everyone will be affected, but must amount to more than a minority interest
      - still undermined by locus standii - plaintiffs must show that they suffer damage over and above that of the rest of the public generally
        
        1991 Ball v Consolidated Rutile: A group of commercial fishing operators took action against the company in public nuisance. However, the court refused the claim on the basis that the watercourse was open to all members of the public to fish and therefore the commercial fishing operators suffered no special loss.
    - - based on the notion of a duty of care to avoid harm to others who may be reasonably seen to be affected if the activity is carrie dout in a negligible way
      - as scientific knowledge evolves, judicial recognition of the foreseeability of harm is also likely to grow
      - may be a fertile area of innovative test cases in relation to environmental harm
      - Examples
        
        Asbestos, tobacco
        
        1994 Alec Finlayson Pty Ltd v Armidale City Council: council was held to be liable in relation to development consent for residential development on land contaminated by waste from a timber processing plant. They owed a duty of care to owners, purcahsers and future purchasers
        
        South Africa: government ordered to conduct a full climate-impact report on proposed coal-powered plant
        
        Massachussets v EPA: EPA was sued by 12 states and several cities for failure to act on climate change
  - - - wanted an interim injunction to halt DSTD (deep sea tailings disposal) until trial.
        
        Interim injunctions can be very useful because trial preparation and evidence collection can take a long time and environmental harm can occur very quickly
        
        Must show that:
        ◦ there is serious question to be tried,
        ◦ that the balance of convenience lies in the issuing of the injunction,
        ◦ there is an absence of excessive delay in bringing the action,
        ◦ there is an undertakings as to damages (to be paid in the event the case is not successful)
        
        Interim injunction was granted (judge invoked the precautionary principle in the ruling). "it is better to take a precautionary approach than to proceed in haste"
      - permanent injunction at trial
      - Declarations that landowners should be consulted on waste disposal, and that DSTD is illegal
        
        equitable remedy - a statement by a court of a person's legal rights or duties.
        
        Court stated that a defene to public or private nuisance s showing that the activity was carried out under a licence granted by statutory authority and that the nuisance is a necessary consequence of the authorised activity
        
        Bates argues that the issuance of a licence does not provide the defence. It needs to be specifically authorised by statute, not just the administrative action of the DoE
      - punitive damages
      - costs
    - - DSTD is not unlawful under the Environment Act 2000
      - approval for and operation of the DSTD are actions that are contrary tot he Constitution
      - Environment Act does not exclude common law actions for nuisance
      - did not grant permanent injunction - if harm does occur, the plaintiffs can bring fresh proceedings
      - punitive damages and costs were refused
      - court ordered that plaintiffs must be consulted and informed on a 3-month basis on disposal issues, for the life of the mine
  - - - eg Tuvalu bringing action against USA before the ICJ
      - can invoke the no-harm rule (see 1941 Trail Smelter case)
      - UNFCCC - has provision for bringing disputes to the ICJ - but requires states to declare that they recognise jurisdiction of the ICJ (so far only done by Solomons and Netherlands)
      - would the ICJ have jurisdiction over the USA? No - they have withdrawn from compulsory jurisdiction
      - International Covenant on Civil and Political Rights
      - anyone can request an advisory opinion from the ICJ - the UN GA would be best to request this opinion (resolution needs to be adopted through a majority vote). possible question to be posed: "what are the duties of states to prevent harm resulting from climate change?"
    - - "The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States"
      - • Filartiga v Pena-Irala (1980), used ACTA as a tool for aliens to seek redress for human rights violations outside of the USA.
      - A successful claim under the ATCA must satisfy three basic elements:-
        • an alien sues;
        • for a tort; and
        • that was committed in violation of the law of nations.
      - Issues/Barriers to using ACTA
        
        State Actor Dilemma (need to prove state involvement ie that US corporate emissions are under the color of state law)
        
        Alien Suit Generally (must be an alien, the claim must be in tort, the tort must be in violation of the law of nations)
        
        Tort Claim (intentional or negligent harm - negligence more likely to succeed)
        
        In Violation of the Law of Nations (Genocide, Environmental Harm, Indigenous peoples)
- - - - Aim is to limit/reduce cumulative impacts of a particular environmental problem
      - hard law approach - always involves a statute - regulates industries or industrial practices by setting standards and imposing enforceable consequences for breaches of those standards
    - - first type of environmental regulation to emerge - with worldwide acceptance of pollution as a problem in the 1960s and 70s.
    - - Another model - set acceptable limits to pollution and then establish a system of licensing to pollute beyond those limits
      - criminal remedies (fines) are imposed to punish offenders.
      - One model - prohibit all pollution, then establish licences to pollute within specified limits
    - - straightforward legislative framework, but administrative arrangements for implementation can be resource-intensive (regulatory burden)
      - require a central environmental agency that is competent to assess realistic acceptable limits and to be able to monitor and enforce those limits
    - - insufficient fines not a deterrent, seen as a cost of doing business (operational cost of business)
      - monitoring of actual pollution levels is difficult or impossible for financial reasons
      - prosecution procedures may be too complex and time-consuming to be effective
      - capture theory - regulatory agencies may over time develop too close a relationship with 'client' industry and business, leading to a loss of independence and a reluctance to impose penalties (licencing may be a major source of revenue for governments/agencies, there may also be actual corruption such as bribes for licences)
    - - will always play a role in environmental regulation, even if it as a background incentive to other forms of regulation
      - Things that improve effectiveness are:
        severe fines
        strict liability (no requirement to prove fault, negligence or intention). The fact that pollution happened in a location is enough to serve liability
        fines/convictions of company directors in their individual capacity
        community 'right to information' laws
        introduction of emission trading schemes as a market-based mechanism for encouraging businesses to reduce pollution
  - - - usually environmental costs are externalised by the market (harm to the environment has not been something that producers pay for when considering the cost of production). Market based mechanisms seek to internalise these costs (reincorporate environmental impacts into the calculus of production costs borne by the producer)
      - mechanisms established by governments that attach economic costs or benefits to particular activities to encourage better environmental practices
    - - tax incentives for research and development that leads to reductions in environmental footprint
      - subsidies for environmentally friendly processes
      - environmental levies eg carbon tax - makes things that contribute to emissions more expensive. (aviation/petrol levy for example)
      - environmental taxes geared to reflect overall harm is a common suggestion (impose cost of all the pollution onto the polluter), but governments are hesitant to impose these more drastic measures.
      - Emissions Trading
        
        one of the most highly developed market-based mechanisms
        
        provides a means for working towards a finite limit on the overall emission of a particular substance
        
        began in the late 1980s as a creative innovation to the command and control regimes that placed overall caps on cumulative pollution output
        
        each business can pollute to a certain level, and if they pollute below that level they can sell the unused portion of their allowance (emissions credits) to other companies
        
        Schemes
        
        Intergovernmental eg -under Kyoto protocol - governments set reduction targets (5% by 2012), each country had its own targets. If a country met its targets - nothing happened. If a country polluted less than its target it could sell its credits to another country.
    - - difficult to establish due to the relative difficulty of assigning economic values to environmental harms and benefits
      - is an effective incentive/disincentive, but it is doubtful that an accurate means of placing a financial value on degradation can be established
      - how to do you quantify the cost of an extinction? does it matter?
  - - - regimes that aim to preserve natural or cultural heritage by setting aside areas in which total or substantial protection of the values is mandated
      - The Anthropocene is a proposed epoch dating from the commencement of significant human impact on the Earth's geology and ecosystems,including, but not limited to, anthropogenic climate change
    - - Cook Is Marae Moana - world's largest MPA
    - - oldest form of environmental protection - practiced in one form or another by every culture
      - in modern times the 'national park' is the mos common example of reservation and is found in some form or other in most countries
    - - CBD
      - WHC
      - Apia Convention
    - - because of the connectivity of natural environments this approach can never stand on its own
      - refuge areas for endangered species are rarely sufficient to maintain wide enough gene pools to prevent species decline
      - the economics of reservation and the presence of competing demands from human populations make it unlikely that sufficient reservation can take place to meet the real requirements of biodiversity conservation generally
  - - - Development control: an approvals process that requires each individual development to be submitted to government decision-makers for approval and imposition of conditions prior to commencement of the activity.
      - Forward planning - governmental processes to develop comprehensive environmental management plans that implement the aims of environmental policy (to determine number of licences/approvals etc that can be given). Forward planning allows for taking a wider view of cumulative processes like urbanisation
      - Environmental Impact Assessment - the proponent is required to identify the likely impacts or proposed activities and measures that could mitigate negative impacts. Why the proponent? pragmatic - do not want to impose these costs on the taxpayer. Problem - possibility of fraudulent downplaying of impacts ? ...
  - - - primarily aimed at regulating the operation and viability of particular sectors, particularly in primary production (one of the oldest forms of regulation through statute). Not aimed primarily at environmental protection - more about sustainability of extraction i.e. anthropocentric perspective
  - - - utilise traditional customary rights and practices in relation to land use in cooperation with government to achieve better protection of key values
    - - a Pacific adaptation of the important role that community involvement and civil society play in successful environmental management
      - a much deeper recognition of the traditional role of custom land management as a form of environmental land management
    - - custom cooperative
        
        customary/traditional/indigenous
        
        collaborative
        
        co-management
    - - most common in relation to specific biodiversity projects relating to specific habitat for species such as sea turtles, coconut crabs, dugongs
      - REDD+ - local groups can benefit from schemes that generate carbon credits on the basis of demonstrable improvement in carbon sequestration through better forest management practices on the local level
- - - - Marae Moana (Cook Islands)
        
        proposed 5 years ago by environmentalist Kevin Iro
        
        commercial fishing or mineral exploitation not banned outright but must be carried out sustainably
        
        core no-fishing zone totally 320,000 square km (extends 50 nautical miles from each islands coastline)
        
        presented as a blueprint for managing oceans worldwide
        
        1.9 million square kms MPA passed by parliament in July 2017
      - establishment of large PAs for conservation is rarely a high priority (perception that it is not compatible with economic growth). Large areas are under customary ownership - offers opportunities if support of local communities is obtained
      - Protected Area Legislation
        
        Fiji:
        Forest Decree 1992
        
        Samoa:
        National Parks and Reserves Act 1974
        Lands, Survey and Environment Act 1989
        
        Solomon Is:
        National Parks and Reserves Act 1974
        
        Tuvalu:
        Conservation Areas Act 1999
        Marine Zones Decalration Act 1983
        Wildlife Conservation Ordinance
        
        Vanuatu:
        EMCA 2002
        Forestry Act 2001
        National Parks Act 1993
        Maritime Zones Act 1981
        
        PNG:
        National Parks Act 1982
        Faun (Protection and Control) Act 1966
    - - Effective Species Management - couples a command and control regime of prohibiting killing with a more forward looking system of management plans for species recovery (eg Fiji programmes for turtle protection)
      - Species Protection Legislation
        
        Fiji:
        EPS Act 2002
        Birds and Game PRotection Act (Cap 170)
        Fisheries Act (Cap 158)
        EMA 2005
        
        Kiribati:
        Wildlife Conservation Ordinance 1975
        Environment Act 1999
        
        Samoa:
        Lands, Survey and Environment Act 1989
        Planning and Urban Management Act
        
        Solomon Is:
        Fisheries Act 1998
        Wild Birds Protection Act 1914
        Wildlife Protection and Management Act 1998
        Environment Act 1998
    - - diversity of species and diversity within species
      - species need to contnue to exist in sufficent numbers to permit a high level of genetic diversity within a species
      - requires understanding the role of ecosystems and habitats and understand the processes that threaten biodiversity
        
        Threatening processes: processes/activities that threaten key species or biodiversity generally because of their adverse effect on important ecosystems
        
        anchoring of boats
        pedestrian damage
        collecting shellfish
        over-fishing
        climate change
        
        fire
        urbanisation
        agricultural expansion
        introduction of exotic pests
        pollution
        climate change
        
        legislation must take threatening processes into account, but effective responses require continuous awareness, monitoring and pressure from CSOs. Legislative reform to establish machinery for integrating biodiversity concerns require political will and resources for proper implementation.
        
        Aim of habitat protection is to ensure that habitat values are taken into account in all planning decisions. Community involvement is a vital component in habitat protection eg protection of breeding sites
      - all forms of life that exist on earth including potentially millions of undescribed species
  - - - establishment and maagement of a range of PAs
      - specific measures to protect and promote the recovery of threatened species
      - protection of habitats
      - identification of processes that threaten biodiversity and development of plans to address these processes
  - - - legislative recognition to secure permanence
      - ongoing resources to develop management plans and see them implemented
      - enforcement authorities equipped to deal with illegal encroachment
      - sufficient level of support and awareness from local communitites
  - - - many conventions and national legislation regimes that protect natural areas also provide for protection of cultural sites and artifacts (e.g. Samoa's PUMA, Fiji's EMA, WHC etc)
    - - CBD Article 8(j)
      - UNDRIP
    - - can cross boundaries between culture and biodiversity
      - exploitation/commercialisation of traditional knowledge about the natural environment - leaves traditional owners uncompensated
      - eg navigation using stars and currents and winds
- - - - civil procedure - standard of proof is the 'balance of probabilities'. More flexible, more able to incorporate a role for public participation, especially if rules of standing are relaxed. Use of proactive remedies such as injunctions. Less severe consequences.
      - criminal sanctions - standard of proof is 'beyond reasonable doubt' - fines, imprisonment
      - administrative remedies - government agencies are given specific statutory powers to make orders which are enforceable in the courts - e.g. stop work orders, cleanup notices, preventative orders, orders in which industry is ordered to pay the costs of remedial activity undertaken by government agencies. These are creations of statute and vary between jurisdictions.
  - - - eg prohibition of fishing, and a system of licencing
    - - prescriptive standards (design standards, detailed technical standards eg fishing gear)
      - performance based standards (functional requirements or goal-base dstandards - volume or amount, eg quantity of discharge of a certain chemical)
      - informational requirements (mandatory reporting, disclosure rules, right-to-know requirements)
  - - - continue into licencing process - allow for appeals and challenges to the issuance of licences
      - enhance rights to take enforcement action (eg bring civil actions to remedy or restrain breaches)
      - should begin at the planning stage - setting overall limits and targets
  - - - Vanuatu already has forestry legislation that recognises carbon sequestration rights as a tradeable commodity (Forestry Rights Registration and Timber Harvest Guarantee Act 2000)
- - - - CBDR - Annex 1 (industrialised) and Annex 2 (developing) countries
        
        Annex 2 countries said it was not fair to cap their emissions based on their relatively low 1990 levels, prevents them following the path to economic success enjoyed by Annex 1 countries that developed earlier
        
        Principle of equity - but untenable to have giants like China and India follow the same high emission pathway.
      - imposed legally binding emission targets for Annex 1 countries (C&C in approach), although the 5% overall reduction target was not ambitious enough. Commitment period ended in 2012. Second commitment period (Dohar Amendment) - still not entered into force because not enough ratified yet - 18% by 2020 (IPCC said they needed 20-25%).
  - - - the common practice is to accept the current level of activity as the baseline, and licence current operators to continue with business as usual - but does not proceed from a scientific assessment that current usage is ecologically sustainable in the first place
      - a proper strategic approach should begin with an objective assessment of the environments real carrying capacity and then the scheme should aim to work within it.
      - baseline for Kyoto protocol was 1990 emission levels
        
        cannot get credits for existing forests unless you show additional sequestration (eg through better forest management) than would have been the case under business as usual
    - - these schemes turn environmental values once considered a public resource into tradeable commodities. Corporations become the owners of valuable rights to utilise these previously public resuorces
  - - - joint implementation - industrial countries get carbon credits for undertaking carbon sink projects in another industrial country
      - clean development mechanism - industrial countries gain carbon credits by sponsoring clean development in developing ocuntries
      - emissions trading - countries can sell surplus credits if they achieve reductions better than their targets
  - - - encourage domestic activities that generate carbon credits (eg reforestation)
      - provide for security of rights attached to investment in carbon sequestration projects
      - facilitate engagement in the carbon trade
      - develop ways to assess and monitor sequestration project (for accrediation)
      - develop ways to ensure stability and security of land uses attached to carbon sequestration projects