The Private Life of Environmental Treaties

Affolder, Natasha

doi:10.1017/s0002930000019953

Cited by 10 publications

(4 citation statements)

References 3 publications

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“…Potential current impacts to WH sites can be determined through identification of sites already containing oil and gas infrastructure (such as oil wells and pipelines); potential future impacts can be explored by identifying WH sites where infrastructure has been planned, or where sites overlap with leased oil and gas concessions-specific blocks of land designated by national government for hydrocarbon exploration and/or development, which are then leased to state or private energy companies to explore or develop (Finer et al 2008). Some companies are already beginning to map and disclose information about the proximity of their operations to WH sites (Affolder 2009). Such a level of disclosure is yet to become common practice, however, and commitments on behalf of large oil and gas companies to not explore in WH sites generally do not match those of their mining counterparts (Affolder 2009).…”

Section: Introductionmentioning

confidence: 99%

“…Some companies are already beginning to map and disclose information about the proximity of their operations to WH sites (Affolder 2009). Such a level of disclosure is yet to become common practice, however, and commitments on behalf of large oil and gas companies to not explore in WH sites generally do not match those of their mining counterparts (Affolder 2009).…”

Section: Introductionmentioning

confidence: 99%

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Oil and gas development in the World Heritage and wider protected area network in sub-Saharan Africa

et al. 2011

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More than 25% of natural World Heritage (WH) sites worldwide are estimated to be under pressure from existing or future mining and energy activities (IUCN 2008; UNESCO 2009). However, that 'pressure' has yet to be quantitatively defined and assessed for many regions of the world. We conducted a GIS-based analysis of overlap and proximity between natural WH sites and areas allocated to oil and gas concessions as well as pipelines and oil wells for all of sub-Saharan Africa. We found that oil and gas concessions were located within 27% of the WH sites, though no currently active oil wells were operating directly within the WH sites. A proximity-based assessment of oil and gas concessions within 5 km of WH site boundaries included only one additional WH site, suggesting that sites susceptible to indirect impacts from oil and gas development are likely to be those already overlapped by concessions. Our findings indicate that activity from oil and gas development in sub-Saharan WH sites has to date been limited; however, future pressure cannot be ruled out, due to continued presence of concessions within more than one quarter of the network, and projected expansion of oil and gas exploration within the region. Our results may be used to inform the inclusion of new sites into the WH network.

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Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Oil and gas development in the World Heritage and wider protected area network in sub-Saharan Africa

et al. 2011

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“…If anything, such a mixed strategy reaffirms the useless demarcation between state and non-state law. 102 This should, however, be understood as a pragmatic plan, which addresses various relevant audiences (governmental and non-governmental). 103 transnational context are futile, but the inspected transplantation experience offers some lessons that precede those guidelines.…”

Section: 'Product' Of the Treatymentioning

confidence: 99%

Transnational legal transplants and legitimacy: the example of ‘clean’ and ‘green’ development mechanisms

Penca

2016

Legal stud.

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The introduction of the Green Development Mechanism (GDM) as a governance tool for biodiversity conservation is presented as a legal transplant, originating in the Clean Development Mechanism from the climate regime. The case provides an instance of a transplanted legal idea not from one jurisdiction to another but between two transnational regimes. The legal transplantation approach highlights the motives for replication and factors that hinder it. In this context, the discussion reveals that while the GDM was constructed for effectiveness concerns, it was presented as a transplant in order to import to the newly established model legitimacy from the original one. Yet, a uniform acceptance of the transplant was prevented because of divergent evaluations of the original model. The existence of several, not one, ideologies and perceptions explains why transplanting is a highly unpredictable strategy for fostering acceptance of a legal idea in the transnational space, and ultimately for its implementation. Following the recognition that legitimacy cannot be inherited, the initiative employed a mixed strategy to ensure its acceptance, based on the democratic principles and effectiveness that are expected from non-state authorities, as well as the consensus-based, treaty-grounded 'rules of the game' of state actors. The case highlights how the universal endorsement of all states, and the appearance of alignment with international norms and intergovernmental institutions, remain significant goals of transnational initiatives.

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“…For example, international rules on the transboundary movement of hazardous electrical and electronic waste emerged when strict regulations in developed countries merely created export markets in developing countries (Boudier and Bensebaa, 2011). Second, although an ideal solution to the disparity of standards is using international treaties to impose binding obligations on MNEs (Affolder, 2009), such as treaties on civil liability for nuclear damage and oil pollution (Halpern, 2008, pp. 172–173), a binding CSR treaty (Kuschnik, 2008; Zerk, 2006) is unlikely to materialise because of lack of interstate co-ordination.…”

Section: Transnational Inventive Interventionismmentioning

confidence: 99%

Corporate social responsibility, juridification and globalisation: ‘inventive interventionism’ for a ‘paradox’

Osuji¹

2015

International Journal of Law in Context

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This paper proposes ‘inventive interventionism’ as a regulatory approach to incorporate substantive outcomes, stakeholder empowerment, effective disclosure and a global multi-stakeholder and multidimensional view of corporate social responsibility (CSR) and social disclosure. Inventive interventionism also applies new paradigms of regulation that recognise CSR as one of the proximate engineers of efficient public governance and ultimate sources of socio-economic development. The paper adopts a transnational and comparative approach to regulatory CSR and situates the voluntary and prescriptive approaches in the wider regulation debate. It draws on reflexive law, responsive regulation, institutional and other theories to demonstrate that existing CSR regulations in several jurisdictions are not representative of the law's multidimensional and multidirectional nature. Inventive interventionism reflects a functional approach to the law–CSR dialectic relationship and contributes to the development of an analytical framework for CSR and reforming its national and global regulatory environment.

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The Private Life of Environmental Treaties

Cited by 10 publications

References 3 publications

Oil and gas development in the World Heritage and wider protected area network in sub-Saharan Africa

Oil and gas development in the World Heritage and wider protected area network in sub-Saharan Africa

Transnational legal transplants and legitimacy: the example of ‘clean’ and ‘green’ development mechanisms

Corporate social responsibility, juridification and globalisation: ‘inventive interventionism’ for a ‘paradox’

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