Ole Kr. Fauchald 21.04.23 1

Use of terminology Implementation

Adoption of domestic measures Ensuring effectiveness of domestic measures Fulfilling procedural requirements of international

institutions Compliance

Compliance vs. acceptance of obligations Compliance with international rules vs. compliance with

domestic rules – links between domestic and international rules

Enforcement The taking of measures to ensure compliance

Dispute settlement

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Implementation Categories of obligations

Customary law obligations– The obligation to prevent harm – ILC’s Draft Articles on Prevention

Treaty obligations– Obligations of result, obligations of conduct, obligations to take

measures in a specific form, harmonization– The role of soft law instruments

General environmental principles Categories of relevant environmental legislation

Integrated pollution prevention and control Nature protection Land use

Nature of measures to be taken Integration of relevant environmental principles To what do the measures apply

– Processes, products, emissions, environmental quality Nature of measures to be taken

– Limits or bans (the use of lists), ”trade measures”, land use regulation

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Non-compliance Reasons for non-compliance

Ability and willingness Importance for the design of non-compliance

procedures Forms of non-compliance procedures

”Non-confrontational”, ”non-judicial”, ”consultative”

Who can trigger? Composition of the non-compliance committee Procedure of the committee Powers of the committee

Proliferation of non-compliance procedures

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Enforcement The issue of reciprocity

Countermeasures – Arts 49-54 of the ILC Draft Articles ”Injured State”?

Arts 42 and 48 of ILC Draft Articles – erga omnes Damages to areas beyond national jurisdiction – the issue of

fisheries Who can trigger cases under treaties?

Lex specialis What if it is not regulated? Erga omnes beyond Art. 48 of the

Draft Articles? What kind of enforcement actions are available under

treaties? Which are the legal effects of lack of enforcement actions

(such as Chernobyl)? Transborder damage

Enforcement through domestic courts The role of treaties on civil liability

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Dispute settlement Multiple methods for settlement of

disputes Art. 33 of the UN Charter

– Negotiation, consultation, good offices, mediation, enquiry, conciliation, arbitration, judicial settlement

Which results are ”legally binding”? Judicial settlement

Great variety of arrangements Judicial settlement -> negotiation ”Mandatory” dispute settlement?

– ITLOS A ”World Environment Court”?

– ICJ and the Permanent Court of Arbitration