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4451. Making Markets Work: A Review of CDM Performance and the Need for Reform

Author:
Charlotte Streck and Jolene Lin
Publication Date:
04-2008
Content Type:
Journal Article
Abstract:
The Kyoto Protocol's Clean Development Mechanism (CDM) is the first global market mechanism in international environmental law. It has been much lauded for its success. However, doubts whether the CDM governance structure is robust enough to meet the challenges of regulating an international market mechanism in the long term are emerging. The Executive Board (EB)'s decision-making practice is often not predictable and many of its decisions have come as a surprise to project participants and technical project experts. Members of the EB often have multiple responsibilities which result in a complicated situation of conflicting interests. Finally, private sector participants in the CDM who have been aversely affected by EB decisions have no right of recourse and essentially little if any due process rights. This article argues that incorporating mechanisms to promote procedural fairness and creating an appeals process for aggrieved CDM participants will promote transparency and accountability in the CDM decision-making processes. This is essential for the sound operation of the CDM regulatory regime which will have a direct positive effect on the international carbon market. After conducting a comparative analysis of other regimes in which international bodies take decisions that directly affect individuals, most notably the system of targeted sanctions of the UN Security Council and the Anti-Doping Regime, as well as examining the World Bank Inspection Panel and the European Ombudsman as models of international review mechanisms, the authors set out proposals for reform of the CDM, including professionalizing the EB and the panels, securing better and more consistent funding, the elimination of political interference, and the introduction of administrative law-like processes.
Topic:
Security, Governance, and Reform
Political Geography:
Europe

4452. European Exceptionalism in International Law

Author:
Magdalena Ličková
Publication Date:
06-2008
Content Type:
Journal Article
Abstract:
For Member States of the European Union, participation in this supranational organization has increased the number of difficulties in the international arena. Occasionally, the expanding legislative activity of the European institutions reaches out beyond the borders of the European legal system and incidentally affects the EU Member States' autonomous relations with third parties. Consequently the EU and its members, often with success, seek third parties' consent to exceptional treatment. Because of their number and significance, such derogations have inspired this article to inquire into their expansion and legal status under international law. Even though the EU-related exceptions have not created an international customary rule, the article observes that European integration shapes international rules in diverse fields and adjusts them to its needs. Since European integration is designed to administer and regulate an increasing number of issues, the autonomous international obligations of the EU Member States may become an obstacle. Because the European Union is likely to continue using special treatment in the future, it is important to assess how far the supranational exception can go in order to accommodate all interests at stake.
Political Geography:
Europe

4453. Attribution of Conduct in Peace Operations: The 'Ultimate Authority and Control' Test

Author:
Kjetil Mujezinovic Larsen
Publication Date:
06-2008
Content Type:
Journal Article
Abstract:
The article addresses the issue of whether conduct in international peace operations is attributable to the troop contributing states or to the United Nations, taking the European Court of Human Rights' admissibility decision in the Behrami and Saramati cases as a point of reference. The Court concluded that conduct by UNMIK and KFOR troops in Kosovo is attributable to the United Nations. The article examines the content of the 'ultimate authority and control' test that is applied by the Court, and argues that the Court should have taken a different approach. The Court's test is in the author's view difficult to reconcile with the International Law Commission's work on the responsibility of international organizations, with United Nations practice on responsibility for unlawful conduct in peace operations, and with the Court's own jurisprudence concerning attribution of conduct to the state. The author argues further that the Court's arguments are incomplete even if the Court's approach were to be considered correct. The article concludes by expressing concern that the Court's decision, when seen in connection with previous case law, in practice renders the European Convention on Human Rights irrelevant in international peace operations.
Topic:
Human Rights, International Organization, and United Nations
Political Geography:
Europe

4454. Human Rights, International Economic Law and 'Constitutional Justice'

Author:
Ernst-Ulrich Petersmann
Publication Date:
09-2008
Content Type:
Journal Article
Abstract:
According to J. Rawls, 'in a constitutional regime with judicial review, public reason is the reason of its supreme court'; it is of constitutional importance for the 'overlapping, constitutional consensus' necessary for a stable and just society among free, equal, and rational citizens who tend to be deeply divided by conflicting moral, religious, and philosophical doctrines. The European Court of Justice (ECJ), the European Court of Human Rights (ECtHR), and the European Free Trade Area (EFTA) Court successfully transformed the intergovernmental European Community (EC) treaties and the European Convention on Human Rights (ECHR) into constitutional orders founded on respect for human rights. Their 'judicial constitutionalization' of intergovernmental treaty regimes was accepted by citizens, national courts, parliaments, and governments because the judicial 'European public reason' protected more effectively individual rights and European 'public goods' (like the EC's common market). The 'Solange method' of cooperation among European courts 'as long as' constitutional rights are adequately protected reflects an 'overlapping constitutional consensus' on the need for 'constitutional justice' in European law. The power-oriented rationality of governments interested in limiting their judicial accountability is increasingly challenged also in worldwide dispute settlement practices. Judicial interpretation of intergovernmental rules as protecting also individual rights may be justifiable notably in citizen-driven areas of international economic law protecting mutually beneficial cooperation among citizens and individual rights (e.g. of access to courts). Multilevel economic, environmental, and human rights governance can become more reasonable and more effective if national and international courts cooperate in protecting the rule of international law for the benefit of citizens (as 'democratic principals' of governments) with due regard for human rights and their constitutional concretization in national and international legal systems.
Topic:
Government
Political Geography:
Europe

4455. Gender Equality Jurisprudence of the European Court of Human Rights

Author:
Ivana Radacic
Publication Date:
09-2008
Content Type:
Journal Article
Abstract:
The European Court of Human Rights has recently proclaimed gender equality as one of the key underlying principles of the Convention. However, the Court's jurisprudence has been largely impotent in challenging gender discrimination in the member states. This article explores the reasons why this is so by analysing Article 14 sex discrimination jurisprudence and the application of the principle of gender equality in the 'Islamic headscarf' cases. The author argues that reasons lie in the Court's formalistic conceptualization of discrimination, and simplistic and paternalistic understanding of gender equality, which is insensitive to intersectionality of discrimination. The author proposes an understanding of gender equality as challenging (multiple and intersectional) forms of disadvantage. Under this approach, the question in equality jurisprudence would not be whether there was unjustified differential treatment, but rather whether the law or practice at issue perpetuated or produced subordination of women (as defined by other identity characteristics) and unequal gender (and other) relations.
Political Geography:
Europe

4456. Preventing the Tragedy of the CO2 Commons: Exploring China's Growth and the International Climate Framework

Author:
Peter J. Wilcoxen, Warwick J. McKibbin, and Wing Thye Woo
Publication Date:
07-2008
Content Type:
Working Paper
Institution:
The Brookings Institution
Abstract:
Under reasonable assumptions, China could achieve parity in living standard with Western Europe by 2100, and India by 2150. Climate change, however, may be a key obstacle preventing such a convergence. The business-as-usual (BAU) growth path of the world economy might increase concentrations of atmospheric greenhouse gases to unsafe levels and cause significant negative environmental feedback before China achieves parity in living standards with the OECD countries. We use a dynamic multi-country general equilibrium model (the G-Cubed Model) to project a realistic BAU trajectory of carbon dioxide (CO2) emissions, and we find it to be even above the CO2 emissions from the high-growth scenario estimated by the Energy Information Agency in 2007. This outcome is a reminder that it has been usual so far to underestimate the growth in China energy consumption.
Topic:
Climate Change, Environment, and Markets
Political Geography:
China, Europe, India, and Asia

4457. The Russian World—Changing Meanings and Strategies

Author:
Valery Tishkov
Publication Date:
08-2008
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Gorbachev's liberalization brought the opening of Russia to the outside world and with it interest in and contact with the Russian 1 diaspora. After the dis- solution of the Union of Soviet Socialist Republics (USSR), the problem of the diaspora evolved quickly, when it was transformed into a political and even a humanitarian challenge.
Topic:
Civil Society and Government
Political Geography:
Russia, Europe, and Asia

4458. The Trade and Climate Change, Joint Agenda

Author:
Thomas L Brewer
Publication Date:
06-2008
Content Type:
Working Paper
Institution:
Centre for European Policy Studies
Abstract:
Climate change, international trade, investment and technology transfer are all issues that have intersected in diverse institutional contexts and at several levels of governmental activity to form a new joint agenda. The purpose of this paper is to advance understanding of this joint agenda by identifying the specific issues that have emerged, the policies that have been adopted, especially in the EU and US, and the options that are available for further policy-making.
Topic:
Climate Change, International Cooperation, International Political Economy, and International Trade and Finance
Political Geography:
United States and Europe

4459. The Evolution of Flexible Integration in European Defence Policy: Is permanent structured cooperation a leap forward for the Common Security and Defence Policy?

Author:
Willem F. van Eekelen and Sebastian Kurpas
Publication Date:
06-2008
Content Type:
Working Paper
Institution:
Centre for European Policy Studies
Abstract:
The Treaty of Lisbon contains several options for creating some degree of flexibility in the defence domain under the assumption that it will be difficult, and not always necessary, to do everything at 27: constructive abstention, the possibility of mandating a smaller group or for the most demanding missions 'permanent structured cooperation in defence' (PSCD). It is not yet clear, however, how the possession of larger military capabilities and how the will to enter into more binding commitments will be elaborated. This paper traces the debate on flexibility in the area of security and defence and addresses, in particular , PSCD and its potential application.
Topic:
Defense Policy
Political Geography:
Europe and Lisbon

4460. Financial Impacts of Climate Change: Implications for the EU Budget

Author:
Christian Egenhofer, Arno Behrens, and Jorge Núñez Ferrer
Publication Date:
08-2008
Content Type:
Working Paper
Institution:
Centre for European Policy Studies
Abstract:
This study focuses on the financial resources needed to fight global climate change and the implications for the EU budget. The authors apply four different methodologies to estimate global financing requirements and attempt to determine the resources that will be needed at the EU level to meet the EU's climate change objectives. The study analyses current climate change spending of the EU budget, identifies shortcomings and indicates possibilities for correcting them. It also assesses the potential of the EU emissions trading scheme (EU ETS) to raise additional resources to finance coordinated actions at the EU level aimed at fighting climate change. Finally, it provides three case studies of national public expenditure related to climate change in Germany, the United Kingdom and the United States.
Topic:
Climate Change
Political Geography:
United States, United Kingdom, Europe, and Germany