Pacta sunt servanda

Environmental Policy and Law

Volumn 26, Issue 2-3, 1996, Pages 78-91

  Koester, Veit ^a  

^a National Forest and Nature Agency   (Denmark)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 6244224379     PISSN: 0378777X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (65)

1. In preparing this article with its main theme "compliance" in general, the following books and articles were used as general material (other sources are referred to in the footnotes below): Birnie, W. Patricia and Boyle, E. Alice: International Law and the Environment (Clarendon Press, Oxford 1994) Chayes, Abram and Chayes, Antonia Handler: "On compliance" in International Organization, 47/2 (Massachusetts Institute of Technology, 1993) p. 75 ff. Dejeant-Pons, Maguelonne: "European Biodiversity: The Bern Convention of 19 September 1979 on the Conservation of European Wildlife and Natural Habitats" p. 211-226 in Essays in Honour of Wang Tieya, ed. R.St.J. Macdonald (Martinas Nijhoff, 1993); de Klemm, Cyrille: Biological Diversity Conservation and the Law (IUCN, 1993); Ebbesson, Jonas: Internationell Miljoraett (Justus Forlag, 1993); Expert Group on Environmental Law of the World Commission on Environment and Development: Environmental Protection and Sustainable Development. Legal Principles and Recommendations (Graham and Trotman/Martinus Nijhoff, 1986) Gulman, Claus et al.: Folkeret (Jurist- og Oekonomforbundets Forlag, 1989) Kiss, Alexandre: Droit International de l'Environment (Pedone, Paris, 1989) Koester, Veit: "From Brundtland to Stockholm" p. 14-19 in Environmental Policy and Law, 1990) Lyster, Simon: International Wildlife Law (Grotius Publications, 1985) Sachariew, Kamen: "Promoting Compliance With International Environmental Standards" in Yearbook of International Environmental Law Vol. 2/1991 (ed. Gunther Handl) p. 31-52 Sand, H. Peler: Lessons Learned in Global Environmental Governance (World Resources Institute, 1990). Young, Oran R.: "The politics of international regime formation: Managing natural resources and the environment", p. 349-375 in International Organization 43/3 (Massachusetts Institute of Technology, 1989). In addition to the above listed literature and other published material, unpublished source-material has also been used, mainly Council of Europe documents. This applies in particular to the following reports regarding the meetings in the Standing Committee of the Bern Conventional meeting in 1982: T-PVS(82)3; 2nd meeting 1983: T-PVS(83)23; 3rd meeting 1984:T-PVS(84)20; 4th meeting 1985: T-PVS(85)26; 5th meeting 1986:T-PVS(86)20; 6th meeting 1987:T-PVS(87)40; 7th meeting 1988: T-PVS(88)45; 8th meeting (June) 1989 (extraordinary meeting): T-PVS(89)Misc.1; 9th meeting (December)1989: T-PVS(89)50; 10th meeting (January) 1991: T-PVS(91)1; 11th meeting (December) 1991:T-PVS(91)81; 12th meeting 1992: T-PVS(92)84 and 13th meeting 1993: T-PVS(93) Misc.1. In the text, references to the above mentioned literature have been made as footnotes, only when considered necessary in respect of citations etc., or when a specific reference is required. Other Council of Europe documents than those mentioned above will be referred to in the text with a year and a number, whenever essential. With a view to publishing this article in English and in connection with its editing of 1 February 1996, the report from the 14th meeting (March 1995) T-PVS Misc 1 and 2 as well as information on the outcome of the 15th meeting (January 1996) has also been used.
2. In preparing this article with its main theme "compliance" in general, the following books and articles were used as general material (other sources are referred to in the footnotes below): Birnie, W. Patricia and Boyle, E. Alice: International Law and the Environment (Clarendon Press, Oxford 1994) Chayes, Abram and Chayes, Antonia Handler: "On compliance" in International Organization, 47/2 (Massachusetts Institute of Technology, 1993) p. 75 ff. Dejeant-Pons, Maguelonne: "European Biodiversity: The Bern Convention of 19 September 1979 on the Conservation of European Wildlife and Natural Habitats" p. 211-226 in Essays in Honour of Wang Tieya, ed. R.St.J. Macdonald (Martinas Nijhoff, 1993); de Klemm, Cyrille: Biological Diversity Conservation and the Law (IUCN, 1993); Ebbesson, Jonas: Internationell Miljoraett (Justus Forlag, 1993); Expert Group on Environmental Law of the World Commission on Environment and Development: Environmental Protection and Sustainable Development. Legal Principles and Recommendations (Graham and Trotman/Martinus Nijhoff, 1986) Gulman, Claus et al.: Folkeret (Jurist- og Oekonomforbundets Forlag, 1989) Kiss, Alexandre: Droit International de l'Environment (Pedone, Paris, 1989) Koester, Veit: "From Brundtland to Stockholm" p. 14-19 in Environmental Policy and Law, 1990) Lyster, Simon: International Wildlife Law (Grotius Publications, 1985) Sachariew, Kamen: "Promoting Compliance With International Environmental Standards" in Yearbook of International Environmental Law Vol. 2/1991 (ed. Gunther Handl) p. 31-52 Sand, H. Peler: Lessons Learned in Global Environmental Governance (World Resources Institute, 1990). Young, Oran R.: "The politics of international regime formation: Managing natural resources and the environment", p. 349-375 in International Organization 43/3 (Massachusetts Institute of Technology, 1989). In addition to the above listed literature and other published material, unpublished source-material has also been used, mainly Council of Europe documents. This applies in particular to the following reports regarding the meetings in the Standing Committee of the Bern Conventional meeting in 1982: T-PVS(82)3; 2nd meeting 1983: T-PVS(83)23; 3rd meeting 1984:T-PVS(84)20; 4th meeting 1985: T-PVS(85)26; 5th meeting 1986:T-PVS(86)20; 6th meeting 1987:T-PVS(87)40; 7th meeting 1988: T-PVS(88)45; 8th meeting (June) 1989 (extraordinary meeting): T-PVS(89)Misc.1; 9th meeting (December)1989: T-PVS(89)50; 10th meeting (January) 1991: T-PVS(91)1; 11th meeting (December) 1991:T-PVS(91)81; 12th meeting 1992: T-PVS(92)84 and 13th meeting 1993: T-PVS(93) Misc.1. In the text, references to the above mentioned literature have been made as footnotes, only when considered necessary in respect of citations etc., or when a specific reference is required. Other Council of Europe documents than those mentioned above will be referred to in the text with a year and a number, whenever essential. With a view to publishing this article in English and in connection with its editing of 1 February 1996, the report from the 14th meeting (March 1995) T-PVS Misc 1 and 2 as well as information on the outcome of the 15th meeting (January 1996) has also been used.
3. In preparing this article with its main theme "compliance" in general, the following books and articles were used as general material (other sources are referred to in the footnotes below): Birnie, W. Patricia and Boyle, E. Alice: International Law and the Environment (Clarendon Press, Oxford 1994) Chayes, Abram and Chayes, Antonia Handler: "On compliance" in International Organization, 47/2 (Massachusetts Institute of Technology, 1993) p. 75 ff. Dejeant-Pons, Maguelonne: "European Biodiversity: The Bern Convention of 19 September 1979 on the Conservation of European Wildlife and Natural Habitats" p. 211-226 in Essays in Honour of Wang Tieya, ed. R.St.J. Macdonald (Martinas Nijhoff, 1993); de Klemm, Cyrille: Biological Diversity Conservation and the Law (IUCN, 1993); Ebbesson, Jonas: Internationell Miljoraett (Justus Forlag, 1993); Expert Group on Environmental Law of the World Commission on Environment and Development: Environmental Protection and Sustainable Development. Legal Principles and Recommendations (Graham and Trotman/Martinus Nijhoff, 1986) Gulman, Claus et al.: Folkeret (Jurist- og Oekonomforbundets Forlag, 1989) Kiss, Alexandre: Droit International de l'Environment (Pedone, Paris, 1989) Koester, Veit: "From Brundtland to Stockholm" p. 14-19 in Environmental Policy and Law, 1990) Lyster, Simon: International Wildlife Law (Grotius Publications, 1985) Sachariew, Kamen: "Promoting Compliance With International Environmental Standards" in Yearbook of International Environmental Law Vol. 2/1991 (ed. Gunther Handl) p. 31-52 Sand, H. Peler: Lessons Learned in Global Environmental Governance (World Resources Institute, 1990). Young, Oran R.: "The politics of international regime formation: Managing natural resources and the environment", p. 349-375 in International Organization 43/3 (Massachusetts Institute of Technology, 1989). In addition to the above listed literature and other published material, unpublished source-material has also been used, mainly Council of Europe documents. This applies in particular to the following reports regarding the meetings in the Standing Committee of the Bern Conventional meeting in 1982: T-PVS(82)3; 2nd meeting 1983: T-PVS(83)23; 3rd meeting 1984:T-PVS(84)20; 4th meeting 1985: T-PVS(85)26; 5th meeting 1986:T-PVS(86)20; 6th meeting 1987:T-PVS(87)40; 7th meeting 1988: T-PVS(88)45; 8th meeting (June) 1989 (extraordinary meeting): T-PVS(89)Misc.1; 9th meeting (December)1989: T-PVS(89)50; 10th meeting (January) 1991: T-PVS(91)1; 11th meeting (December) 1991:T-PVS(91)81; 12th meeting 1992: T-PVS(92)84 and 13th meeting 1993: T-PVS(93) Misc.1. In the text, references to the above mentioned literature have been made as footnotes, only when considered necessary in respect of citations etc., or when a specific reference is required. Other Council of Europe documents than those mentioned above will be referred to in the text with a year and a number, whenever essential. With a view to publishing this article in English and in connection with its editing of 1 February 1996, the report from the 14th meeting (March 1995) T-PVS Misc 1 and 2 as well as information on the outcome of the 15th meeting (January 1996) has also been used.
4. In preparing this article with its main theme "compliance" in general, the following books and articles were used as general material (other sources are referred to in the footnotes below): Birnie, W. Patricia and Boyle, E. Alice: International Law and the Environment (Clarendon Press, Oxford 1994) Chayes, Abram and Chayes, Antonia Handler: "On compliance" in International Organization, 47/2 (Massachusetts Institute of Technology, 1993) p. 75 ff. Dejeant-Pons, Maguelonne: "European Biodiversity: The Bern Convention of 19 September 1979 on the Conservation of European Wildlife and Natural Habitats" p. 211-226 in Essays in Honour of Wang Tieya, ed. R.St.J. Macdonald (Martinas Nijhoff, 1993); de Klemm, Cyrille: Biological Diversity Conservation and the Law (IUCN, 1993); Ebbesson, Jonas: Internationell Miljoraett (Justus Forlag, 1993); Expert Group on Environmental Law of the World Commission on Environment and Development: Environmental Protection and Sustainable Development. Legal Principles and Recommendations (Graham and Trotman/Martinus Nijhoff, 1986) Gulman, Claus et al.: Folkeret (Jurist- og Oekonomforbundets Forlag, 1989) Kiss, Alexandre: Droit International de l'Environment (Pedone, Paris, 1989) Koester, Veit: "From Brundtland to Stockholm" p. 14-19 in Environmental Policy and Law, 1990) Lyster, Simon: International Wildlife Law (Grotius Publications, 1985) Sachariew, Kamen: "Promoting Compliance With International Environmental Standards" in Yearbook of International Environmental Law Vol. 2/1991 (ed. Gunther Handl) p. 31-52 Sand, H. Peler: Lessons Learned in Global Environmental Governance (World Resources Institute, 1990). Young, Oran R.: "The politics of international regime formation: Managing natural resources and the environment", p. 349-375 in International Organization 43/3 (Massachusetts Institute of Technology, 1989). In addition to the above listed literature and other published material, unpublished source-material has also been used, mainly Council of Europe documents. This applies in particular to the following reports regarding the meetings in the Standing Committee of the Bern Conventional meeting in 1982: T-PVS(82)3; 2nd meeting 1983: T-PVS(83)23; 3rd meeting 1984:T-PVS(84)20; 4th meeting 1985: T-PVS(85)26; 5th meeting 1986:T-PVS(86)20; 6th meeting 1987:T-PVS(87)40; 7th meeting 1988: T-PVS(88)45; 8th meeting (June) 1989 (extraordinary meeting): T-PVS(89)Misc.1; 9th meeting (December)1989: T-PVS(89)50; 10th meeting (January) 1991: T-PVS(91)1; 11th meeting (December) 1991:T-PVS(91)81; 12th meeting 1992: T-PVS(92)84 and 13th meeting 1993: T-PVS(93) Misc.1. In the text, references to the above mentioned literature have been made as footnotes, only when considered necessary in respect of citations etc., or when a specific reference is required. Other Council of Europe documents than those mentioned above will be referred to in the text with a year and a number, whenever essential. With a view to publishing this article in English and in connection with its editing of 1 February 1996, the report from the 14th meeting (March 1995) T-PVS Misc 1 and 2 as well as information on the outcome of the 15th meeting (January 1996) has also been used.
5. In preparing this article with its main theme "compliance" in general, the following books and articles were used as general material (other sources are referred to in the footnotes below): Birnie, W. Patricia and Boyle, E. Alice: International Law and the Environment (Clarendon Press, Oxford 1994) Chayes, Abram and Chayes, Antonia Handler: "On compliance" in International Organization, 47/2 (Massachusetts Institute of Technology, 1993) p. 75 ff. Dejeant-Pons, Maguelonne: "European Biodiversity: The Bern Convention of 19 September 1979 on the Conservation of European Wildlife and Natural Habitats" p. 211-226 in Essays in Honour of Wang Tieya, ed. R.St.J. Macdonald (Martinas Nijhoff, 1993); de Klemm, Cyrille: Biological Diversity Conservation and the Law (IUCN, 1993); Ebbesson, Jonas: Internationell Miljoraett (Justus Forlag, 1993); Expert Group on Environmental Law of the World Commission on Environment and Development: Environmental Protection and Sustainable Development. Legal Principles and Recommendations (Graham and Trotman/Martinus Nijhoff, 1986) Gulman, Claus et al.: Folkeret (Jurist- og Oekonomforbundets Forlag, 1989) Kiss, Alexandre: Droit International de l'Environment (Pedone, Paris, 1989) Koester, Veit: "From Brundtland to Stockholm" p. 14-19 in Environmental Policy and Law, 1990) Lyster, Simon: International Wildlife Law (Grotius Publications, 1985) Sachariew, Kamen: "Promoting Compliance With International Environmental Standards" in Yearbook of International Environmental Law Vol. 2/1991 (ed. Gunther Handl) p. 31-52 Sand, H. Peler: Lessons Learned in Global Environmental Governance (World Resources Institute, 1990). Young, Oran R.: "The politics of international regime formation: Managing natural resources and the environment", p. 349-375 in International Organization 43/3 (Massachusetts Institute of Technology, 1989). In addition to the above listed literature and other published material, unpublished source-material has also been used, mainly Council of Europe documents. This applies in particular to the following reports regarding the meetings in the Standing Committee of the Bern Conventional meeting in 1982: T-PVS(82)3; 2nd meeting 1983: T-PVS(83)23; 3rd meeting 1984:T-PVS(84)20; 4th meeting 1985: T-PVS(85)26; 5th meeting 1986:T-PVS(86)20; 6th meeting 1987:T-PVS(87)40; 7th meeting 1988: T-PVS(88)45; 8th meeting (June) 1989 (extraordinary meeting): T-PVS(89)Misc.1; 9th meeting (December)1989: T-PVS(89)50; 10th meeting (January) 1991: T-PVS(91)1; 11th meeting (December) 1991:T-PVS(91)81; 12th meeting 1992: T-PVS(92)84 and 13th meeting 1993: T-PVS(93) Misc.1. In the text, references to the above mentioned literature have been made as footnotes, only when considered necessary in respect of citations etc., or when a specific reference is required. Other Council of Europe documents than those mentioned above will be referred to in the text with a year and a number, whenever essential. With a view to publishing this article in English and in connection with its editing of 1 February 1996, the report from the 14th meeting (March 1995) T-PVS Misc 1 and 2 as well as information on the outcome of the 15th meeting (January 1996) has also been used.
6. In preparing this article with its main theme "compliance" in general, the following books and articles were used as general material (other sources are referred to in the footnotes below): Birnie, W. Patricia and Boyle, E. Alice: International Law and the Environment (Clarendon Press, Oxford 1994) Chayes, Abram and Chayes, Antonia Handler: "On compliance" in International Organization, 47/2 (Massachusetts Institute of Technology, 1993) p. 75 ff. Dejeant-Pons, Maguelonne: "European Biodiversity: The Bern Convention of 19 September 1979 on the Conservation of European Wildlife and Natural Habitats" p. 211-226 in Essays in Honour of Wang Tieya, ed. R.St.J. Macdonald (Martinas Nijhoff, 1993); de Klemm, Cyrille: Biological Diversity Conservation and the Law (IUCN, 1993); Ebbesson, Jonas: Internationell Miljoraett (Justus Forlag, 1993); Expert Group on Environmental Law of the World Commission on Environment and Development: Environmental Protection and Sustainable Development. Legal Principles and Recommendations (Graham and Trotman/Martinus Nijhoff, 1986) Gulman, Claus et al.: Folkeret (Jurist- og Oekonomforbundets Forlag, 1989) Kiss, Alexandre: Droit International de l'Environment (Pedone, Paris, 1989) Koester, Veit: "From Brundtland to Stockholm" p. 14-19 in Environmental Policy and Law, 1990) Lyster, Simon: International Wildlife Law (Grotius Publications, 1985) Sachariew, Kamen: "Promoting Compliance With International Environmental Standards" in Yearbook of International Environmental Law Vol. 2/1991 (ed. Gunther Handl) p. 31-52 Sand, H. Peler: Lessons Learned in Global Environmental Governance (World Resources Institute, 1990). Young, Oran R.: "The politics of international regime formation: Managing natural resources and the environment", p. 349-375 in International Organization 43/3 (Massachusetts Institute of Technology, 1989). In addition to the above listed literature and other published material, unpublished source-material has also been used, mainly Council of Europe documents. This applies in particular to the following reports regarding the meetings in the Standing Committee of the Bern Conventional meeting in 1982: T-PVS(82)3; 2nd meeting 1983: T-PVS(83)23; 3rd meeting 1984:T-PVS(84)20; 4th meeting 1985: T-PVS(85)26; 5th meeting 1986:T-PVS(86)20; 6th meeting 1987:T-PVS(87)40; 7th meeting 1988: T-PVS(88)45; 8th meeting (June) 1989 (extraordinary meeting): T-PVS(89)Misc.1; 9th meeting (December)1989: T-PVS(89)50; 10th meeting (January) 1991: T-PVS(91)1; 11th meeting (December) 1991:T-PVS(91)81; 12th meeting 1992: T-PVS(92)84 and 13th meeting 1993: T-PVS(93) Misc.1. In the text, references to the above mentioned literature have been made as footnotes, only when considered necessary in respect of citations etc., or when a specific reference is required. Other Council of Europe documents than those mentioned above will be referred to in the text with a year and a number, whenever essential. With a view to publishing this article in English and in connection with its editing of 1 February 1996, the report from the 14th meeting (March 1995) T-PVS Misc 1 and 2 as well as information on the outcome of the 15th meeting (January 1996) has also been used.
7. In preparing this article with its main theme "compliance" in general, the following books and articles were used as general material (other sources are referred to in the footnotes below): Birnie, W. Patricia and Boyle, E. Alice: International Law and the Environment (Clarendon Press, Oxford 1994) Chayes, Abram and Chayes, Antonia Handler: "On compliance" in International Organization, 47/2 (Massachusetts Institute of Technology, 1993) p. 75 ff. Dejeant-Pons, Maguelonne: "European Biodiversity: The Bern Convention of 19 September 1979 on the Conservation of European Wildlife and Natural Habitats" p. 211-226 in Essays in Honour of Wang Tieya, ed. R.St.J. Macdonald (Martinas Nijhoff, 1993); de Klemm, Cyrille: Biological Diversity Conservation and the Law (IUCN, 1993); Ebbesson, Jonas: Internationell Miljoraett (Justus Forlag, 1993); Expert Group on Environmental Law of the World Commission on Environment and Development: Environmental Protection and Sustainable Development. Legal Principles and Recommendations (Graham and Trotman/Martinus Nijhoff, 1986) Gulman, Claus et al.: Folkeret (Jurist- og Oekonomforbundets Forlag, 1989) Kiss, Alexandre: Droit International de l'Environment (Pedone, Paris, 1989) Koester, Veit: "From Brundtland to Stockholm" p. 14-19 in Environmental Policy and Law, 1990) Lyster, Simon: International Wildlife Law (Grotius Publications, 1985) Sachariew, Kamen: "Promoting Compliance With International Environmental Standards" in Yearbook of International Environmental Law Vol. 2/1991 (ed. Gunther Handl) p. 31-52 Sand, H. Peler: Lessons Learned in Global Environmental Governance (World Resources Institute, 1990). Young, Oran R.: "The politics of international regime formation: Managing natural resources and the environment", p. 349-375 in International Organization 43/3 (Massachusetts Institute of Technology, 1989). In addition to the above listed literature and other published material, unpublished source-material has also been used, mainly Council of Europe documents. This applies in particular to the following reports regarding the meetings in the Standing Committee of the Bern Conventional meeting in 1982: T-PVS(82)3; 2nd meeting 1983: T-PVS(83)23; 3rd meeting 1984:T-PVS(84)20; 4th meeting 1985: T-PVS(85)26; 5th meeting 1986:T-PVS(86)20; 6th meeting 1987:T-PVS(87)40; 7th meeting 1988: T-PVS(88)45; 8th meeting (June) 1989 (extraordinary meeting): T-PVS(89)Misc.1; 9th meeting (December)1989: T-PVS(89)50; 10th meeting (January) 1991: T-PVS(91)1; 11th meeting (December) 1991:T-PVS(91)81; 12th meeting 1992: T-PVS(92)84 and 13th meeting 1993: T-PVS(93) Misc.1. In the text, references to the above mentioned literature have been made as footnotes, only when considered necessary in respect of citations etc., or when a specific reference is required. Other Council of Europe documents than those mentioned above will be referred to in the text with a year and a number, whenever essential. With a view to publishing this article in English and in connection with its editing of 1 February 1996, the report from the 14th meeting (March 1995) T-PVS Misc 1 and 2 as well as information on the outcome of the 15th meeting (January 1996) has also been used.
8. In preparing this article with its main theme "compliance" in general, the following books and articles were used as general material (other sources are referred to in the footnotes below): Birnie, W. Patricia and Boyle, E. Alice: International Law and the Environment (Clarendon Press, Oxford 1994) Chayes, Abram and Chayes, Antonia Handler: "On compliance" in International Organization, 47/2 (Massachusetts Institute of Technology, 1993) p. 75 ff. Dejeant-Pons, Maguelonne: "European Biodiversity: The Bern Convention of 19 September 1979 on the Conservation of European Wildlife and Natural Habitats" p. 211-226 in Essays in Honour of Wang Tieya, ed. R.St.J. Macdonald (Martinas Nijhoff, 1993); de Klemm, Cyrille: Biological Diversity Conservation and the Law (IUCN, 1993); Ebbesson, Jonas: Internationell Miljoraett (Justus Forlag, 1993); Expert Group on Environmental Law of the World Commission on Environment and Development: Environmental Protection and Sustainable Development. Legal Principles and Recommendations (Graham and Trotman/Martinus Nijhoff, 1986) Gulman, Claus et al.: Folkeret (Jurist- og Oekonomforbundets Forlag, 1989) Kiss, Alexandre: Droit International de l'Environment (Pedone, Paris, 1989) Koester, Veit: "From Brundtland to Stockholm" p. 14-19 in Environmental Policy and Law, 1990) Lyster, Simon: International Wildlife Law (Grotius Publications, 1985) Sachariew, Kamen: "Promoting Compliance With International Environmental Standards" in Yearbook of International Environmental Law Vol. 2/1991 (ed. Gunther Handl) p. 31-52 Sand, H. Peler: Lessons Learned in Global Environmental Governance (World Resources Institute, 1990). Young, Oran R.: "The politics of international regime formation: Managing natural resources and the environment", p. 349-375 in International Organization 43/3 (Massachusetts Institute of Technology, 1989). In addition to the above listed literature and other published material, unpublished source-material has also been used, mainly Council of Europe documents. This applies in particular to the following reports regarding the meetings in the Standing Committee of the Bern Conventional meeting in 1982: T-PVS(82)3; 2nd meeting 1983: T-PVS(83)23; 3rd meeting 1984:T-PVS(84)20; 4th meeting 1985: T-PVS(85)26; 5th meeting 1986:T-PVS(86)20; 6th meeting 1987:T-PVS(87)40; 7th meeting 1988: T-PVS(88)45; 8th meeting (June) 1989 (extraordinary meeting): T-PVS(89)Misc.1; 9th meeting (December)1989: T-PVS(89)50; 10th meeting (January) 1991: T-PVS(91)1; 11th meeting (December) 1991:T-PVS(91)81; 12th meeting 1992: T-PVS(92)84 and 13th meeting 1993: T-PVS(93) Misc.1. In the text, references to the above mentioned literature have been made as footnotes, only when considered necessary in respect of citations etc., or when a specific reference is required. Other Council of Europe documents than those mentioned above will be referred to in the text with a year and a number, whenever essential. With a view to publishing this article in English and in connection with its editing of 1 February 1996, the report from the 14th meeting (March 1995) T-PVS Misc 1 and 2 as well as information on the outcome of the 15th meeting (January 1996) has also been used.
9. In preparing this article with its main theme "compliance" in general, the following books and articles were used as general material (other sources are referred to in the footnotes below): Birnie, W. Patricia and Boyle, E. Alice: International Law and the Environment (Clarendon Press, Oxford 1994) Chayes, Abram and Chayes, Antonia Handler: "On compliance" in International Organization, 47/2 (Massachusetts Institute of Technology, 1993) p. 75 ff. Dejeant-Pons, Maguelonne: "European Biodiversity: The Bern Convention of 19 September 1979 on the Conservation of European Wildlife and Natural Habitats" p. 211-226 in Essays in Honour of Wang Tieya, ed. R.St.J. Macdonald (Martinas Nijhoff, 1993); de Klemm, Cyrille: Biological Diversity Conservation and the Law (IUCN, 1993); Ebbesson, Jonas: Internationell Miljoraett (Justus Forlag, 1993); Expert Group on Environmental Law of the World Commission on Environment and Development: Environmental Protection and Sustainable Development. Legal Principles and Recommendations (Graham and Trotman/Martinus Nijhoff, 1986) Gulman, Claus et al.: Folkeret (Jurist- og Oekonomforbundets Forlag, 1989) Kiss, Alexandre: Droit International de l'Environment (Pedone, Paris, 1989) Koester, Veit: "From Brundtland to Stockholm" p. 14-19 in Environmental Policy and Law, 1990) Lyster, Simon: International Wildlife Law (Grotius Publications, 1985) Sachariew, Kamen: "Promoting Compliance With International Environmental Standards" in Yearbook of International Environmental Law Vol. 2/1991 (ed. Gunther Handl) p. 31-52 Sand, H. Peler: Lessons Learned in Global Environmental Governance (World Resources Institute, 1990). Young, Oran R.: "The politics of international regime formation: Managing natural resources and the environment", p. 349-375 in International Organization 43/3 (Massachusetts Institute of Technology, 1989). In addition to the above listed literature and other published material, unpublished source-material has also been used, mainly Council of Europe documents. This applies in particular to the following reports regarding the meetings in the Standing Committee of the Bern Conventional meeting in 1982: T-PVS(82)3; 2nd meeting 1983: T-PVS(83)23; 3rd meeting 1984:T-PVS(84)20; 4th meeting 1985: T-PVS(85)26; 5th meeting 1986:T-PVS(86)20; 6th meeting 1987:T-PVS(87)40; 7th meeting 1988: T-PVS(88)45; 8th meeting (June) 1989 (extraordinary meeting): T-PVS(89)Misc.1; 9th meeting (December)1989: T-PVS(89)50; 10th meeting (January) 1991: T-PVS(91)1; 11th meeting (December) 1991:T-PVS(91)81; 12th meeting 1992: T-PVS(92)84 and 13th meeting 1993: T-PVS(93) Misc.1. In the text, references to the above mentioned literature have been made as footnotes, only when considered necessary in respect of citations etc., or when a specific reference is required. Other Council of Europe documents than those mentioned above will be referred to in the text with a year and a number, whenever essential. With a view to publishing this article in English and in connection with its editing of 1 February 1996, the report from the 14th meeting (March 1995) T-PVS Misc 1 and 2 as well as information on the outcome of the 15th meeting (January 1996) has also been used.
10. In preparing this article with its main theme "compliance" in general, the following books and articles were used as general material (other sources are referred to in the footnotes below): Birnie, W. Patricia and Boyle, E. Alice: International Law and the Environment (Clarendon Press, Oxford 1994) Chayes, Abram and Chayes, Antonia Handler: "On compliance" in International Organization, 47/2 (Massachusetts Institute of Technology, 1993) p. 75 ff. Dejeant-Pons, Maguelonne: "European Biodiversity: The Bern Convention of 19 September 1979 on the Conservation of European Wildlife and Natural Habitats" p. 211-226 in Essays in Honour of Wang Tieya, ed. R.St.J. Macdonald (Martinas Nijhoff, 1993); de Klemm, Cyrille: Biological Diversity Conservation and the Law (IUCN, 1993); Ebbesson, Jonas: Internationell Miljoraett (Justus Forlag, 1993); Expert Group on Environmental Law of the World Commission on Environment and Development: Environmental Protection and Sustainable Development. Legal Principles and Recommendations (Graham and Trotman/Martinus Nijhoff, 1986) Gulman, Claus et al.: Folkeret (Jurist- og Oekonomforbundets Forlag, 1989) Kiss, Alexandre: Droit International de l'Environment (Pedone, Paris, 1989) Koester, Veit: "From Brundtland to Stockholm" p. 14-19 in Environmental Policy and Law, 1990) Lyster, Simon: International Wildlife Law (Grotius Publications, 1985) Sachariew, Kamen: "Promoting Compliance With International Environmental Standards" in Yearbook of International Environmental Law Vol. 2/1991 (ed. Gunther Handl) p. 31-52 Sand, H. Peler: Lessons Learned in Global Environmental Governance (World Resources Institute, 1990). Young, Oran R.: "The politics of international regime formation: Managing natural resources and the environment", p. 349-375 in International Organization 43/3 (Massachusetts Institute of Technology, 1989). In addition to the above listed literature and other published material, unpublished source-material has also been used, mainly Council of Europe documents. This applies in particular to the following reports regarding the meetings in the Standing Committee of the Bern Conventional meeting in 1982: T-PVS(82)3; 2nd meeting 1983: T-PVS(83)23; 3rd meeting 1984:T-PVS(84)20; 4th meeting 1985: T-PVS(85)26; 5th meeting 1986:T-PVS(86)20; 6th meeting 1987:T-PVS(87)40; 7th meeting 1988: T-PVS(88)45; 8th meeting (June) 1989 (extraordinary meeting): T-PVS(89)Misc.1; 9th meeting (December)1989: T-PVS(89)50; 10th meeting (January) 1991: T-PVS(91)1; 11th meeting (December) 1991:T-PVS(91)81; 12th meeting 1992: T-PVS(92)84 and 13th meeting 1993: T-PVS(93) Misc.1. In the text, references to the above mentioned literature have been made as footnotes, only when considered necessary in respect of citations etc., or when a specific reference is required. Other Council of Europe documents than those mentioned above will be referred to in the text with a year and a number, whenever essential. With a view to publishing this article in English and in connection with its editing of 1 February 1996, the report from the 14th meeting (March 1995) T-PVS Misc 1 and 2 as well as information on the outcome of the 15th meeting (January 1996) has also been used.
11. In preparing this article with its main theme "compliance" in general, the following books and articles were used as general material (other sources are referred to in the footnotes below): Birnie, W. Patricia and Boyle, E. Alice: International Law and the Environment (Clarendon Press, Oxford 1994) Chayes, Abram and Chayes, Antonia Handler: "On compliance" in International Organization, 47/2 (Massachusetts Institute of Technology, 1993) p. 75 ff. Dejeant-Pons, Maguelonne: "European Biodiversity: The Bern Convention of 19 September 1979 on the Conservation of European Wildlife and Natural Habitats" p. 211-226 in Essays in Honour of Wang Tieya, ed. R.St.J. Macdonald (Martinas Nijhoff, 1993); de Klemm, Cyrille: Biological Diversity Conservation and the Law (IUCN, 1993); Ebbesson, Jonas: Internationell Miljoraett (Justus Forlag, 1993); Expert Group on Environmental Law of the World Commission on Environment and Development: Environmental Protection and Sustainable Development. Legal Principles and Recommendations (Graham and Trotman/Martinus Nijhoff, 1986) Gulman, Claus et al.: Folkeret (Jurist- og Oekonomforbundets Forlag, 1989) Kiss, Alexandre: Droit International de l'Environment (Pedone, Paris, 1989) Koester, Veit: "From Brundtland to Stockholm" p. 14-19 in Environmental Policy and Law, 1990) Lyster, Simon: International Wildlife Law (Grotius Publications, 1985) Sachariew, Kamen: "Promoting Compliance With International Environmental Standards" in Yearbook of International Environmental Law Vol. 2/1991 (ed. Gunther Handl) p. 31-52 Sand, H. Peler: Lessons Learned in Global Environmental Governance (World Resources Institute, 1990). Young, Oran R.: "The politics of international regime formation: Managing natural resources and the environment", p. 349-375 in International Organization 43/3 (Massachusetts Institute of Technology, 1989). In addition to the above listed literature and other published material, unpublished source-material has also been used, mainly Council of Europe documents. This applies in particular to the following reports regarding the meetings in the Standing Committee of the Bern Conventional meeting in 1982: T-PVS(82)3; 2nd meeting 1983: T-PVS(83)23; 3rd meeting 1984:T-PVS(84)20; 4th meeting 1985: T-PVS(85)26; 5th meeting 1986:T-PVS(86)20; 6th meeting 1987:T-PVS(87)40; 7th meeting 1988: T-PVS(88)45; 8th meeting (June) 1989 (extraordinary meeting): T-PVS(89)Misc.1; 9th meeting (December)1989: T-PVS(89)50; 10th meeting (January) 1991: T-PVS(91)1; 11th meeting (December) 1991:T-PVS(91)81; 12th meeting 1992: T-PVS(92)84 and 13th meeting 1993: T-PVS(93) Misc.1. In the text, references to the above mentioned literature have been made as footnotes, only when considered necessary in respect of citations etc., or when a specific reference is required. Other Council of Europe documents than those mentioned above will be referred to in the text with a year and a number, whenever essential. With a view to publishing this article in English and in connection with its editing of 1 February 1996, the report from the 14th meeting (March 1995) T-PVS Misc 1 and 2 as well as information on the outcome of the 15th meeting (January 1996) has also been used.
12. In preparing this article with its main theme "compliance" in general, the following books and articles were used as general material (other sources are referred to in the footnotes below): Birnie, W. Patricia and Boyle, E. Alice: International Law and the Environment (Clarendon Press, Oxford 1994) Chayes, Abram and Chayes, Antonia Handler: "On compliance" in International Organization, 47/2 (Massachusetts Institute of Technology, 1993) p. 75 ff. Dejeant-Pons, Maguelonne: "European Biodiversity: The Bern Convention of 19 September 1979 on the Conservation of European Wildlife and Natural Habitats" p. 211-226 in Essays in Honour of Wang Tieya, ed. R.St.J. Macdonald (Martinas Nijhoff, 1993); de Klemm, Cyrille: Biological Diversity Conservation and the Law (IUCN, 1993); Ebbesson, Jonas: Internationell Miljoraett (Justus Forlag, 1993); Expert Group on Environmental Law of the World Commission on Environment and Development: Environmental Protection and Sustainable Development. Legal Principles and Recommendations (Graham and Trotman/Martinus Nijhoff, 1986) Gulman, Claus et al.: Folkeret (Jurist- og Oekonomforbundets Forlag, 1989) Kiss, Alexandre: Droit International de l'Environment (Pedone, Paris, 1989) Koester, Veit: "From Brundtland to Stockholm" p. 14-19 in Environmental Policy and Law, 1990) Lyster, Simon: International Wildlife Law (Grotius Publications, 1985) Sachariew, Kamen: "Promoting Compliance With International Environmental Standards" in Yearbook of International Environmental Law Vol. 2/1991 (ed. Gunther Handl) p. 31-52 Sand, H. Peler: Lessons Learned in Global Environmental Governance (World Resources Institute, 1990). Young, Oran R.: "The politics of international regime formation: Managing natural resources and the environment", p. 349-375 in International Organization 43/3 (Massachusetts Institute of Technology, 1989). In addition to the above listed literature and other published material, unpublished source-material has also been used, mainly Council of Europe documents. This applies in particular to the following reports regarding the meetings in the Standing Committee of the Bern Conventional meeting in 1982: T-PVS(82)3; 2nd meeting 1983: T-PVS(83)23; 3rd meeting 1984:T-PVS(84)20; 4th meeting 1985: T-PVS(85)26; 5th meeting 1986:T-PVS(86)20; 6th meeting 1987:T-PVS(87)40; 7th meeting 1988: T-PVS(88)45; 8th meeting (June) 1989 (extraordinary meeting): T-PVS(89)Misc.1; 9th meeting (December)1989: T-PVS(89)50; 10th meeting (January) 1991: T-PVS(91)1; 11th meeting (December) 1991:T-PVS(91)81; 12th meeting 1992: T-PVS(92)84 and 13th meeting 1993: T-PVS(93) Misc.1. In the text, references to the above mentioned literature have been made as footnotes, only when considered necessary in respect of citations etc., or when a specific reference is required. Other Council of Europe documents than those mentioned above will be referred to in the text with a year and a number, whenever essential. With a view to publishing this article in English and in connection with its editing of 1 February 1996, the report from the 14th meeting (March 1995) T-PVS Misc 1 and 2 as well as information on the outcome of the 15th meeting (January 1996) has also been used.
13. In preparing this article with its main theme "compliance" in general, the following books and articles were used as general material (other sources are referred to in the footnotes below): Birnie, W. Patricia and Boyle, E. Alice: International Law and the Environment (Clarendon Press, Oxford 1994) Chayes, Abram and Chayes, Antonia Handler: "On compliance" in International Organization, 47/2 (Massachusetts Institute of Technology, 1993) p. 75 ff. Dejeant-Pons, Maguelonne: "European Biodiversity: The Bern Convention of 19 September 1979 on the Conservation of European Wildlife and Natural Habitats" p. 211-226 in Essays in Honour of Wang Tieya, ed. R.St.J. Macdonald (Martinas Nijhoff, 1993); de Klemm, Cyrille: Biological Diversity Conservation and the Law (IUCN, 1993); Ebbesson, Jonas: Internationell Miljoraett (Justus Forlag, 1993); Expert Group on Environmental Law of the World Commission on Environment and Development: Environmental Protection and Sustainable Development. Legal Principles and Recommendations (Graham and Trotman/Martinus Nijhoff, 1986) Gulman, Claus et al.: Folkeret (Jurist- og Oekonomforbundets Forlag, 1989) Kiss, Alexandre: Droit International de l'Environment (Pedone, Paris, 1989) Koester, Veit: "From Brundtland to Stockholm" p. 14-19 in Environmental Policy and Law, 1990) Lyster, Simon: International Wildlife Law (Grotius Publications, 1985) Sachariew, Kamen: "Promoting Compliance With International Environmental Standards" in Yearbook of International Environmental Law Vol. 2/1991 (ed. Gunther Handl) p. 31-52 Sand, H. Peler: Lessons Learned in Global Environmental Governance (World Resources Institute, 1990). Young, Oran R.: "The politics of international regime formation: Managing natural resources and the environment", p. 349-375 in International Organization 43/3 (Massachusetts Institute of Technology, 1989). In addition to the above listed literature and other published material, unpublished source-material has also been used, mainly Council of Europe documents. This applies in particular to the following reports regarding the meetings in the Standing Committee of the Bern Conventional meeting in 1982: T-PVS(82)3; 2nd meeting 1983: T-PVS(83)23; 3rd meeting 1984:T-PVS(84)20; 4th meeting 1985: T-PVS(85)26; 5th meeting 1986:T-PVS(86)20; 6th meeting 1987:T-PVS(87)40; 7th meeting 1988: T-PVS(88)45; 8th meeting (June) 1989 (extraordinary meeting): T-PVS(89)Misc.1; 9th meeting (December)1989: T-PVS(89)50; 10th meeting (January) 1991: T-PVS(91)1; 11th meeting (December) 1991:T-PVS(91)81; 12th meeting 1992: T-PVS(92)84 and 13th meeting 1993: T-PVS(93) Misc.1. In the text, references to the above mentioned literature have been made as footnotes, only when considered necessary in respect of citations etc., or when a specific reference is required. Other Council of Europe documents than those mentioned above will be referred to in the text with a year and a number, whenever essential. With a view to publishing this article in English and in connection with its editing of 1 February 1996, the report from the 14th meeting (March 1995) T-PVS Misc 1 and 2 as well as information on the outcome of the 15th meeting (January 1996) has also been used.
14. See also Article 26 in the Convention of 1969 on the Right of Treaties (Government notice from The Ministry of Foreign Affairs no. 34 of 29 April 1980) see Abram Chayes and Antonia Handler Chayes (footnote 1) p. 85 ff.
15. In the UNCED context "the status of 100 international agreements constituting the core of contemporary Environmental Law at the interstate level" was examined, see the UNCED Proceedings (footnote 8) Vol. 1 p. CXXIX.
16. Government notice from The Ministry of Foreign Affairs no. 83 of 15 September 1986 and no. 89 of 13 September 1990, published jointly under the title: "The Bern Convention" by the National Forest and Nature Agency, Denmark, 1990
17. In the Washington Convention on Trade in Threatened Wild Animals and Plants (Government Notice from The Ministry of Foreign Affairs nr.91 of 13 October 1977) the Secretariat conducts a sort of "book-keeping" on violations of the Convention and submit a summary of the most serious violations at the Conference of Parties every 2 years. In some cases the violations have entailed a trade prohibition (see UNCED Proceedings (footnote 8) Vol.2 p.1127, Res 5.2 and 6.4 concerning Bolivia, as well as Article XII (2,d and g), see Wijnstekers, Willen: The Evolution of CITES (Third Edition, 1992) (p. 110 ff). The source of information for the Secretariat is often the NGOs (see UNCED Proceedings Vol 2, p. 756), and hardly ever the reports from the Parties except in case of "cross revision" to which their reports to a certain degree may be submitted. See Kamen Sachariew (footnote 1) p. 39 ff with footnote 47.
18. In the Washington Convention on Trade in Threatened Wild Animals and Plants (Government Notice from The Ministry of Foreign Affairs nr.91 of 13 October 1977) the Secretariat conducts a sort of "book-keeping" on violations of the Convention and submit a summary of the most serious violations at the Conference of Parties every 2 years. In some cases the violations have entailed a trade prohibition (see UNCED Proceedings (footnote 8) Vol.2 p.1127, Res 5.2 and 6.4 concerning Bolivia, as well as Article XII (2,d and g), see Wijnstekers, Willen: The Evolution of CITES (Third Edition, 1992) (p. 110 ff). The source of information for the Secretariat is often the NGOs (see UNCED Proceedings Vol 2, p. 756), and hardly ever the reports from the Parties except in case of "cross revision" to which their reports to a certain degree may be submitted. See Kamen Sachariew (footnote 1) p. 39 ff with footnote 47.
19. In the Washington Convention on Trade in Threatened Wild Animals and Plants (Government Notice from The Ministry of Foreign Affairs nr.91 of 13 October 1977) the Secretariat conducts a sort of "book-keeping" on violations of the Convention and submit a summary of the most serious violations at the Conference of Parties every 2 years. In some cases the violations have entailed a trade prohibition (see UNCED Proceedings (footnote 8) Vol.2 p.1127, Res 5.2 and 6.4 concerning Bolivia, as well as Article XII (2,d and g), see Wijnstekers, Willen: The Evolution of CITES (Third Edition, 1992) (p. 110 ff). The source of information for the Secretariat is often the NGOs (see UNCED Proceedings Vol 2, p. 756), and hardly ever the reports from the Parties except in case of "cross revision" to which their reports to a certain degree may be submitted. See Kamen Sachariew (footnote 1) p. 39 ff with footnote 47.
20. In the Washington Convention on Trade in Threatened Wild Animals and Plants (Government Notice from The Ministry of Foreign Affairs nr.91 of 13 October 1977) the Secretariat conducts a sort of "book-keeping" on violations of the Convention and submit a summary of the most serious violations at the Conference of Parties every 2 years. In some cases the violations have entailed a trade prohibition (see UNCED Proceedings (footnote 8) Vol.2 p.1127, Res 5.2 and 6.4 concerning Bolivia, as well as Article XII (2,d and g), see Wijnstekers, Willen: The Evolution of CITES (Third Edition, 1992) (p. 110 ff). The source of information for the Secretariat is often the NGOs (see UNCED Proceedings Vol 2, p. 756), and hardly ever the reports from the Parties except in case of "cross revision" to which their reports to a certain degree may be submitted. See Kamen Sachariew (footnote 1) p. 39 ff with footnote 47.
21. "Vor faelles fremtid" (FN-forbundet and Mellemfolkeligt Samvirke, 1987)p.311f and p. 325 and Hilary F. French: "Making Environmental Treaties Work" p. 64 in Scientific American, December 1994.
22. "Vor faelles fremtid" (FN-forbundet and Mellemfolkeligt Samvirke, 1987)p.311f and p. 325 and Hilary F. French: "Making Environmental Treaties Work" p. 64 in Scientific American, December 1994.
23. See Expert Group (footnote 1) p. 127ff
24. The preparatory work and the results of UNCED are published in "Agenda 21 of the UNCED proceedings", Volume 1-6, ed. Nicolas A. Robinson, Parvez Hassan and Françoise Burhenne-Guilmin, (Oceana Publications, Inc., 1993), in the following called The UNCED Proceedings. All material discussed and referred to in the UNCED context has been reprinted in this publication. Additionally,
25. "Agenda 21: Earth's Action Plan. Annotated" ed. Nicolas A. Robinson, (Oceana Publications, 1993) has been published in a separate volume- in the following shortened to The Action Plan
26. The UNCED Proceedings (footnote 8), Vol. 3, p. 760
27. The UNCED Proceedings (footnote 8), Vol. 3, p. 156
28. The conference document A/CONF. 151/4(Part III) of 24 April 1992, Chapter 39.7.
29. Action Plan (footnote 8) p.622 ff with the footnotes 2 and 5-8.
30. See in general Sand, Peter H.: "International Environmental Law After Rio" in the European Journal of International Law (EJIL), 1993, p. 377-389 and also in respect of the Rio Declaration, Principles 10, 11 and 26, Philippe Sands:" Enforcing Environmental Security" p. 388 in Journal of International Affairs 1993/46.
31. See in general Sand, Peter H.: "International Environmental Law After Rio" in the European Journal of International Law (EJIL), 1993, p. 377-389 and also in respect of the Rio Declaration, Principles 10, 11 and 26, Philippe Sands:" Enforcing Environmental Security" p. 388 in Journal of International Affairs 1993/46.
32. See Chapter 3(h) in Res. 47/191 "Institutional Arrangements to follow up the United Nations Conference on Environment and Development", reproduced in "Environmental Policy and Law" 23/1 (1993) p.41. Regarding the role of CSD in this connection, see Beyerlin, Ulrich: Rio-Konferenz 1992: "Beginn einer neuen globalen Umweltrechtsordnung?" in Zeitschrift für ausländisches Recht und Völkerrecht 54/1 (1994) p. 124-149 (143ff) and even more broad, see Khor, Martin: "The Commission on Sustainable Development: Paper Tiger or Agency to Save the Earth?" in the Green Globe Yearbook 1994 (Fridtjof Nansen Institute) p. 103-113.
33. See Chapter 3(h) in Res. 47/191 "Institutional Arrangements to follow up the United Nations Conference on Environment and Development", reproduced in "Environmental Policy and Law" 23/1 (1993) p.41. Regarding the role of CSD in this connection, see Beyerlin, Ulrich: Rio-Konferenz 1992: "Beginn einer neuen globalen Umweltrechtsordnung?" in Zeitschrift für ausländisches Recht und Völkerrecht 54/1 (1994) p. 124-149 (143ff) and even more broad, see Khor, Martin: "The Commission on Sustainable Development: Paper Tiger or Agency to Save the Earth?" in the Green Globe Yearbook 1994 (Fridtjof Nansen Institute) p. 103-113.
34. See Chapter 3(h) in Res. 47/191 "Institutional Arrangements to follow up the United Nations Conference on Environment and Development", reproduced in "Environmental Policy and Law" 23/1 (1993) p.41. Regarding the role of CSD in this connection, see Beyerlin, Ulrich: Rio-Konferenz 1992: "Beginn einer neuen globalen Umweltrechtsordnung?" in Zeitschrift für ausländisches Recht und Völkerrecht 54/1 (1994) p. 124-149 (143ff) and even more broad, see Khor, Martin: "The Commission on Sustainable Development: Paper Tiger or Agency to Save the Earth?" in the Green Globe Yearbook 1994 (Fridtjof Nansen Institute) p. 103-113.
35. Action plan (footnote 8) p. 122ff.
36. See regarding the Council of Europe Documents footnote 1. See also the decision taken by the Deputy Ministers Committee of the Council of Europe at its 515th meeting in June 1994 (item 2.4) on the preparation of a "summary of existing provisions and procedures for monitoring compliance with commitments accepted by member States under the Statutes, the European Convention on Human Rights...and any other relevant instruments" as well as Rec. 1241 (1994) from the Parliamentary Assembly of the Council of Europe, inter alia, to "give priority to improving the application of the Council of Europe conventions". Among other things, the response from the Deputy Ministers Committee of the Council of Europe (13 September 1994/Doc. 7145) to the latter recommendation, referred to the compliance procedure described in the chapter on "Compliance in practice" described in this article.
37. The number of Parties are as of 15 January 1996, 33 (EEC included) with Tunesia as the newest member.
38. Exactly how the wording should be interpreted is arguable. In a report to the 6th European Conference on the Environment, the task and mandate mentioned in Article 14 is listed under the designations "supervision of application" and "supervision machinery" (MEN(90)3 p.3). Contrary to this, it appears from the report of the Standing Committee from meeting 5/1986 that the Head of the Secretariat for the European Council for the Convention stated that Article 14 in the Convention "did not give the Standing Committee any power to supervise national legislation" (T-PVS(86)20 p. 11). Compare footnote 25.
39. Dejeant-Pons, Maguelonne: Contribution à l'acces à la justice pour la protection de la biodiversité. Unpublished contribution to a conference in Lisbon 26-28 April 1993 on Acesso a Justice in environmental cases. According to Andresen, Steinar (in "Implementing Environmental Conventions: What, Why and How2, p.29 in Implementing Environmental Conventions, (Scandinavian Seminar College) 1995) "most research seems to point in the direction that more openness equals more implementation. Many have for example pointed to the positive effect of the role of environmental NGOs in the process of implementation at the domestic level. In most cases it is obviously also important to include the main target groups (where this can be defined) in the process, in order to increase legitimacy and likelihood of subsequent necessary behavioural change. Thus, open societies, allowing for influences from media and the public, will tend to be better implementors than more closed societies". See furthermore Kanten Sachariew (footnote 1) p.48ff.
40. Dejeant-Pons, Maguelonne: Contribution à l'acces à la justice pour la protection de la biodiversité. Unpublished contribution to a conference in Lisbon 26-28 April 1993 on Acesso a Justice in environmental cases. According to Andresen, Steinar (in "Implementing Environmental Conventions: What, Why and How2, p.29 in Implementing Environmental Conventions, (Scandinavian Seminar College) 1995) "most research seems to point in the direction that more openness equals more implementation. Many have for example pointed to the positive effect of the role of environmental NGOs in the process of implementation at the domestic level. In most cases it is obviously also important to include the main target groups (where this can be defined) in the process, in order to increase legitimacy and likelihood of subsequent necessary behavioural change. Thus, open societies, allowing for influences from media and the public, will tend to be better implementors than more closed societies". See furthermore Kanten Sachariew (footnote 1) p.48ff.
41. Dejeant-Pons, Maguelonne: Contribution à l'acces à la justice pour la protection de la biodiversité. Unpublished contribution to a conference in Lisbon 26-28 April 1993 on Acesso a Justice in environmental cases. According to Andresen, Steinar (in "Implementing Environmental Conventions: What, Why and How2, p.29 in Implementing Environmental Conventions, (Scandinavian Seminar College) 1995) "most research seems to point in the direction that more openness equals more implementation. Many have for example pointed to the positive effect of the role of environmental NGOs in the process of implementation at the domestic level. In most cases it is obviously also important to include the main target groups (where this can be defined) in the process, in order to increase legitimacy and likelihood of subsequent necessary behavioural change. Thus, open societies, allowing for influences from media and the public, will tend to be better implementors than more closed societies". See furthermore Kanten Sachariew (footnote 1) p.48ff.
42. The UNCED proceedings (footnote 8), Vol.2, p.1148.
43. As to the meaning of the term "explanatory notes" in the context of the Danish legislation procedure, see Veit Koester: The Ramsar Convention on the Conservation of Wetlands (Ramsar Convention Bureau and IUCN, 1989) p. 61, footnote 38a.
44. See Government Notice from The Ministry of Foreign Affairs no. 21 of 5 March 1980 (UNESCO) and no. 26 of 4 April 1978 (Ramsar) as well as Directive 79/409 adopted on 2 April 1979 on the Conservation of Wild Birds. In the Ramsar Convention, the Secretariat submits, at the Conference of the Parties every three years, an analysis based on the reports from the Parties, containing an evaluation of protective measures undertaken in areas which have been notified and adopted and therefore are on the list of wetlands of international importance. Furthermore, a particular list is kept on areas with specific problems, the so-called "Montreux Record". For further background information and the rules in general, see Matthews, G.V.T.: The Ramsar Convention on Wetlands: Its History and Development (Ramsar Convention Bureau, 1993) p. 69 ff and Davis, T.J. (ed): The Ramsar Convention Manual (Ramsar Convention Bureau, 1994), in particular p. 20f and 53f.
45. See Government Notice from The Ministry of Foreign Affairs no. 21 of 5 March 1980 (UNESCO) and no. 26 of 4 April 1978 (Ramsar) as well as Directive 79/409 adopted on 2 April 1979 on the Conservation of Wild Birds. In the Ramsar Convention, the Secretariat submits, at the Conference of the Parties every three years, an analysis based on the reports from the Parties, containing an evaluation of protective measures undertaken in areas which have been notified and adopted and therefore are on the list of wetlands of international importance. Furthermore, a particular list is kept on areas with specific problems, the so-called "Montreux Record". For further background information and the rules in general, see Matthews, G.V.T.: The Ramsar Convention on Wetlands: Its History and Development (Ramsar Convention Bureau, 1993) p. 69 ff and Davis, T.J. (ed): The Ramsar Convention Manual (Ramsar Convention Bureau, 1994), in particular p. 20f and 53f.
46. See Simon Lyster (footnote 1)p. 136 ff, which, in addition to describing the work of the Standing Committee during the first 2-3 years, contains a broad analysis of Article 4.
47. Considering the circumstances that the Parties to the Convention had accepted that the analysis should be a part of the official documents for the meeting, that it had been placed on the agenda as a separate item and that it was presented and discussed, clearly shows an open attitude by the Committee which, most certainly is not common in the aegis of international cooperation. Very often, the NGOs and other observers are obliged to present their analyses and proposals at a table outside the meeting room and subsequently trust that the delegations will, first of all, provide themselves with a copy, secondly read it and thirdly get inspired by the content and, perhaps even use it or refer to it. The above mentioned informal, liberal attitude has, however, always been a special feature describing the work performed under the Bern Convention. Thus, it has contributed to advancing the importance of the NGOs and therefore, ultimately, the observance of the provisions of the Convention.
48. It appears, however, from the debate that the Chairman at the Committee voiced that it was obvious that the Parties should comply with the obligations in the Convention and that the revised analysis of the IUCN would be a starting point for the 2 year reports of the Parties, since the parties were obliged to consider the facts contained in the analysis. This statement was, however, not entirely welcomed since, this was followed by a statement from the Head of the Secretariat to the effect that the Committee had "a lack of power to supervise national legislation". This is discussed in footnote 18.
49. See Simon Lyster (footnote 1) p. 150, who considers it positive that, already at the first meeting in 1982, two specific recommendations were adopted.
50. Nor was any final decision made at the 14th meeting, since the case was postponed due to an inquiry into the legal consequences in "Cases likely to affect Member States of the EU, which were Parties to the Convention" (T-PVS(95) Misc. 1, p.5). The decision reflects some of the problems mentioned in the discussion of the provisions on arbitration in the Convention (Article 18) in the Chapter "Examples of concrete cases". The situation remains unchanged after the 15th meeting in January 1996, where the outcome of the analyses containing different options (T-PVS (95)49, 30 November 1995) was discussed by the Standing Committee but no result achieved.
51. Steinar Andresen (footnote 19).
52. An outline of adopted recommendations etc. can be found in Maguelonne Dejeant-Pont (footnote 1) p. 225 f.
53. Compare with Article VIII(1,a) in the Washington Convention, and with Willem Wijnstekers (footnote 5) p. 109ff.
54. It appears from an unpublished survey by the Secretariat from 1994, that approximately half a dozen cases are pending, some of which still have not been submitted to the Committee. Furthermore, the survey shows that after certain Eastern European countries had become members of the Council of Europe, complaints were lodged in respect of their countries in spite of the fact that they had not ratified the Bern Convention (e.g. Slovakia in respect of the damming of Donau). This corresponds to some degree with the fact that during the first year of the Con-vention complaints were lodged against Western European countries which had not yet ratified the Convention. In such cases, however, a case was not formally opened unless the country in question was a signatory and gave its consent.
55. The case on Zakynthos was again discussed at the 14th meeting of the Standing Committee in 1995. At that meeting, a declaration was adopted containing 4 requests for Greece, inter alia, on the demolition of 13 illegal buildings, the implementation of the recommendation from 1987 (Rec. 9/1987) and the establishment of a maritime sanctuary in Laganas Bay within 3 years. The Declaration concludes the following (T-PVS (95) Misc.2 p.24-25): "Declares that failure of Greece to comply with these four conditions will be understood by the Committee as a grave and repeated breach of its obligations under the Convention and as an encouragement to Parties to proceed according to Art. 18, paragraph 2 to 5 of the Convention". This must be considered as an extremely clear statement. At the 15th meeting (January 1996) the European Commission announced that it had started leagl proceedings against Greece for non-compliance with the EC Habitat Directive. The Standing Committee stated that Greece had achieved only limited progress and decided to finance an analysis of the legal situation in Greece relevant 10 the matter.
56. Compare with the provision in Article 18(3) on mandatory arbitration in cases where one party is a member of the European Union. In such cases, it must be decided by the European Union whether it is the Member State alone, the Union alone or the Member State and the Union who will be parties in the legal dispute.
57. See footnote 27)
58. Patricia W. Birnie and Alice E. Boyle (footnote 1) p. 460.
59. It appears from a newspaper article (Politiken 13/101994) that in an action against the former Greek Government by a number of NGOs, it was established by the Greek Supreme Court that the project concerning Missolonghi would entail serious, permanent damage to the environment and therefore was contrary to the Greek constitution.
60. Maguelonne Dejeant-Pons (Footnote 19) p.8
61. In a small article on Community Law in Naturopa (Council of Europe) No 77/1995, p. 8, L. Krämer (European Commission) mentions that the Bern Convention "is enshrined in the Council's decision of 3 December 1981 (82/72 EEC), meaning that the Bern Convention's provisions are now an integral part of Community law." In the same article L. Krämer mentions that the two directives (on bird protection and habitats) and the Bern Convention "function like communicating vessels."
62. The Convention on Biological Diversity (1992) contains in its Article 20(4) the following provision: "The extent to which developing country Parties will effectively implement their commitments under this Convention will depend on the effective implementation by developed country Parties of their commitments under this Convention related to financial resources and transfer of technology and will take fully into account the fact that economic and social development and eradication of poverty are the first and overriding priorities of the developing country Parties". In many ways this is an odd provision, although to a certain degree it seems to reflect the viewpoints expressed in the article. First of all, the "provision" is more characterized by being a biased declaration from the developing countries' point of view ("will implement") than being a legal provision. Secondly, it is based on the assumption that obligations can be complied with at several levels ("effectively implement") and thirdly, it shows a certain overall reservation in respect of considerations which at any time are considered more important than the obligations contained in the Convention ("first and overriding priorities"). Further examples could be given illustrating the extent to which the provisions, put mildly, are unclear. Seen from a political point of view, Article 20(4) which might be considered to be merely a statement of fact undoubtedly understandable, but technically, due to its unclear formulation, it hardly contains any useful solution to the compliance problem. This subject will, however, not be further discussed at this stage (see Kathleen Rogers and James A. Moore: "Revitalising the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere" in Harvard International Law Journal, Vol. 36/2 1995p. 49-1, footnote 182). In respect of compliance with and implementation of the Biodiversity Convention, see Veit Koesler: "Implementation of the Convention on Biological Diversity" p. 105 in Implementing Environmental Conventions (Scandinavian Seminar College, 1995), in "The Biodiversity Negotiation Process - and some comments on the outcome" (CESAM, Aarhus University, forthcoming) and in "Implementing the Biodiversity Convention - general observations and some critical issues" (FIELD and Royal Geographical Society, London, forthcoming).
63. The Convention on Biological Diversity (1992) contains in its Article 20(4) the following provision: "The extent to which developing country Parties will effectively implement their commitments under this Convention will depend on the effective implementation by developed country Parties of their commitments under this Convention related to financial resources and transfer of technology and will take fully into account the fact that economic and social development and eradication of poverty are the first and overriding priorities of the developing country Parties". In many ways this is an odd provision, although to a certain degree it seems to reflect the viewpoints expressed in the article. First of all, the "provision" is more characterized by being a biased declaration from the developing countries' point of view ("will implement") than being a legal provision. Secondly, it is based on the assumption that obligations can be complied with at several levels ("effectively implement") and thirdly, it shows a certain overall reservation in respect of considerations which at any time are considered more important than the obligations contained in the Convention ("first and overriding priorities"). Further examples could be given illustrating the extent to which the provisions, put mildly, are unclear. Seen from a political point of view, Article 20(4) which might be considered to be merely a statement of fact undoubtedly understandable, but technically, due to its unclear formulation, it hardly contains any useful solution to the compliance problem. This subject will, however, not be further discussed at this stage (see Kathleen Rogers and James A. Moore: "Revitalising the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere" in Harvard International Law Journal, Vol. 36/2 1995p. 49-1, footnote 182). In respect of compliance with and implementation of the Biodiversity Convention, see Veit Koesler: "Implementation of the Convention on Biological Diversity" p. 105 in Implementing Environmental Conventions (Scandinavian Seminar College, 1995), in "The Biodiversity Negotiation Process - and some comments on the outcome" (CESAM, Aarhus University, forthcoming) and in "Implementing the Biodiversity Convention - general observations and some critical issues" (FIELD and Royal Geographical Society, London, forthcoming).
64. The Convention on Biological Diversity (1992) contains in its Article 20(4) the following provision: "The extent to which developing country Parties will effectively implement their commitments under this Convention will depend on the effective implementation by developed country Parties of their commitments under this Convention related to financial resources and transfer of technology and will take fully into account the fact that economic and social development and eradication of poverty are the first and overriding priorities of the developing country Parties". In many ways this is an odd provision, although to a certain degree it seems to reflect the viewpoints expressed in the article. First of all, the "provision" is more characterized by being a biased declaration from the developing countries' point of view ("will implement") than being a legal provision. Secondly, it is based on the assumption that obligations can be complied with at several levels ("effectively implement") and thirdly, it shows a certain overall reservation in respect of considerations which at any time are considered more important than the obligations contained in the Convention ("first and overriding priorities"). Further examples could be given illustrating the extent to which the provisions, put mildly, are unclear. Seen from a political point of view, Article 20(4) which might be considered to be merely a statement of fact undoubtedly understandable, but technically, due to its unclear formulation, it hardly contains any useful solution to the compliance problem. This subject will, however, not be further discussed at this stage (see Kathleen Rogers and James A. Moore: "Revitalising the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere" in Harvard International Law Journal, Vol. 36/2 1995p. 49-1, footnote 182). In respect of compliance with and implementation of the Biodiversity Convention, see Veit Koesler: "Implementation of the Convention on Biological Diversity" p. 105 in Implementing Environmental Conventions (Scandinavian Seminar College, 1995), in "The Biodiversity Negotiation Process - and some comments on the outcome" (CESAM, Aarhus University, forthcoming) and in "Implementing the Biodiversity Convention - general observations and some critical issues" (FIELD and Royal Geographical Society, London, forthcoming).
65. The Convention on Biological Diversity (1992) contains in its Article 20(4) the following provision: "The extent to which developing country Parties will effectively implement their commitments under this Convention will depend on the effective implementation by developed country Parties of their commitments under this Convention related to financial resources and transfer of technology and will take fully into account the fact that economic and social development and eradication of poverty are the first and overriding priorities of the developing country Parties". In many ways this is an odd provision, although to a certain degree it seems to reflect the viewpoints expressed in the article. First of all, the "provision" is more characterized by being a biased declaration from the developing countries' point of view ("will implement") than being a legal provision. Secondly, it is based on the assumption that obligations can be complied with at several levels ("effectively implement") and thirdly, it shows a certain overall reservation in respect of considerations which at any time are considered more important than the obligations contained in the Convention ("first and overriding priorities"). Further examples could be given illustrating the extent to which the provisions, put mildly, are unclear. Seen from a political point of view, Article 20(4) which might be considered to be merely a statement of fact undoubtedly understandable, but technically, due to its unclear formulation, it hardly contains any useful solution to the compliance problem. This subject will, however, not be further discussed at this stage (see Kathleen Rogers and James A. Moore: "Revitalising the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere" in Harvard International Law Journal, Vol. 36/2 1995p. 49-1, footnote 182). In respect of compliance with and implementation of the Biodiversity Convention, see Veit Koesler: "Implementation of the Convention on Biological Diversity" p. 105 in Implementing Environmental Conventions (Scandinavian Seminar College, 1995), in "The Biodiversity Negotiation Process - and some comments on the outcome" (CESAM, Aarhus University, forthcoming) and in "Implementing the Biodiversity Convention - general observations and some critical issues" (FIELD and Royal Geographical Society, London, forthcoming).