Environmental Policy And
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Volume 46 Number 2 April 2016 ISSN 0378-777x ENVIRONMENTAL ENVIRONMENTAL POLICY AND LAW Abstracted/Indexed: Academic Source Complete; Business Source Complete (EBSCO); POLICY AND LAW CAB Abstracts; CSA Illumina; Database WasteInfo; EBSCO Databases; Ecolex; EMBIO; Environment Abstracts; Environment Complete; GEOBASE; Google Scholar; Linkages THE JOURNAL FOR DECISION-MAKERS Update; MasterFILE; Microsoft Academic Search; PAIS International; Scopus; SD-Cite; Vol. 46, No. 2, 2016 Ulrich’s Periodicals Directory; Water Resources Abstracts; Wildlife Review Abstracts CONTENTS Editorial 101 UNITED NATIONS ACTIVITIES REGIONAL AFFAIRS UNEP/UNEA/OECPR-2 UNECE: Aarhus Convention – Setting the Table for UNEA-2 102 – Compliance Committee 160 (Cleo Verkuijl) – Update on 50th and 51st Meetings – UNFCCC (Elsa Tsioumani) – The Paris Agreement: An Insider’s Perspective AEWA/MoP-6 – The Role of Small Island Developing States – 105 – Protecting Migrating Water Birds 162 (Ian Fry) – Climate Change - NATIONAL AFFAIRS Are We Really Confronting this Challenge? 109 (Palitha Kohona) Canada – Canada in the Post-2015 World 165 CITES/SC-66 (Paul Fauteux) – Tackling Challenges in Wildlife Trade 112 (Efstathia Laina) India – Solid Waste Management Legislation 168 ILC – A Review – – Environment in the Report to UN/GA 117 (Prashant Bhave and Karan Sadhwani) (Efstathia Laina) Nigeria ICJ – Sanitation and Waste Management: – Current and Pending Environment-related Cases 120 – Part 1: Overview – 175 WHO/FAO/UNEP (Muhammed Tawfiq Ladan) – Exposure to Lead through AmmunitionAUTHOR 127 QatarCOPY AUTHOR COPY – Need to Revise Strategies – – Animal Welfare: Law and Philosophy 185 (Vernon G. Thomas and Raimon Guitart) (Francis N. Botchway and Dabia Masmalani) OTHER INTERNATIONAL DEVELOPMENTS REFERENCES TO OTHER TOPICS 191 Water Scarcity Comes of Age 132 (Amado S. Tolentino, Jr) Environmental Disputes in Investor-State Arbitration 133 – A Need for Change – (Aditya Vora Viral) Musk Deer Trade and Worldwide Depletion 137 (Mudasir-Ali, Bhat G.A.) Social Rights in International Law 149 – Premises for a (New) Fundamental Approach – (Rodrigo Garcia Schwarz) Cover photo: Mostafa Tolba (1922 - 2016). Serving as Executive Director of the United Nations Environment Programme (UNEP) from 1975 – 1992, Mostafa Tolba was instrumental in forming the institution to be grounded in the principles of international environmental law. Race for Next UN/SG and UNEP/ED Submission of an article for publication implies the mitted to photocopy isolated articles for not-for-profit transfer of the copyright from the author(s) to the classroom or library reserve use without fee. This publisher and entails the author’s irrevocable and consent does not extend to other kinds of copying, exclusive authorization of the publisher to collect any such as for general distribution, resale, advertising, sums or considerations for copying or reproduction and promotion purposes, or for creating new col- payable by third parties (as mentioned in article 17 lective works. Special written permission must be ENVIRONMENTAL paragraph 2 of the Dutch Copyright Act of 1912 and obtained from the publisher for such copying. the Royal Decree of 20 June 1974 (S. 351) pursuant to article 16b of the Dutch Copyright Act of 1912) and Special regulations for authors in the USA – Upon or to act in or out of Court in connection therewith. acceptance of an article by the journal, the author(s) will receive a copyright transfer form. This transfer of POLICY AND LAW Special regulations for readers in the USA – This copyright to the publisher is needed prior to publica- journal has been registered with the Copyright tion and will ensure the widest possible dissemination Clearance Center, Inc. Consent is given for copying of information under the US Copyright Law. This international journal has been created to en- Prof. Nicholas Robinson (USA), Pace University of articles for personal or internal use of specific courage and develop the exchange of information School of Law; former Chairman, IUCN/CEL; clients. This consent is given on the condition that © 2015, IOS Press and experience on all legal, administrative and policy ICEL Governor the copier pays through the Center the per-Copy fee All rights reserved. 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Prof. Alexander Yankov (Bulgaria), Sofia State Not-for-profit educational institutions and instructors Typesetting: layout & more, Germany Environmental Policy and Law is sponsored by the University; Member of the International Tribunal attached thereto, subscribing to this journal, are per- Printed in The Netherlands International Council of Environmental Law (ICEL), for the Law of the Sea a non-profit, public interest organisation. Opinions ICEL Representatives to the United Nations: expressed in this journal are not necessarily those New York: Ann Powers / Seth Kagan of the Editors nor of ICEL. Vienna: Jennifer Kelleher Executive Staff Geneva: Milena Bellini / Adriana Bessa Editor-in-Chief: Wolfgang E. Burhenne (WEB) Nairobi: Donald W. Kaniaru Editor: Tomme R. Young (TRY) Beirut: Samar Malek Assistant Editors: Nadia Edwards (NAE) and Paris: Mireille Jardin Aaron Laur (ATL) Pacific: Ian Fry c/o International Council of Environmental Law Bangkok: Patricia Moore Godesberger Allee 108–112 Santiago: Eduardo Astorga Jorquera 53175 Bonn, Germany Rome: Mohamed Ali Mekouar Tel.: +49 (0) 228 2692 240 Subscriptions Fax: +49 (0) 228 2692 251/252/253 Environmental Policy and Law (ISSN 0378-777X) E-mail: [email protected] is published in one volume of six issues a year. The subscription prices for 2016 (Volume 46) are Advisory Board AUTHOREUR COPY 545 for online-only subscription, EUR 605 for AUTHOR COPY Amb. Bagher Asadi (Iran), former Chairman of G-77 print-only subscription, and EUR 714 (US$972) for a (2001), Senior Expert, International Department, combined print and online subscription). Our p.p.h. Ministry of Foreign Affairs (postage, package and handling) charge includes Dr. Hans Blix (Sweden), President, World Federa- airmail delivery of all issues to countries outside tion of UN Associations; former Director General, Europe. Personal subscription rates are available International Atomic Energy Agency (IAEA) upon request. The Euro price is definitive; the cur- Hon. Arnoldo José Gabaldon (Venezuela), Prof., rency equivalents are for your guidance only. Simon Bolivar University; former Minister for the Claims for missing issues will be honoured free of Environment charge within three months after publication of the Dr. Parvez Hassan (Pakistan), Advocate to the issue. Supreme Court; former Chairman, IUCN/CEL Donald W. Kaniaru (Kenya), former Director and Publisher Senior Legal Adviser, UNEP; ICEL Representative IOS Press to the United Nations, Nairobi Nieuwe Hemweg 6B Marlene Jahnke, former Editor of EPL (MJ) 1013 BG Amsterdam, The Netherlands Prof. Stephen McCaffrey (USA), McGeorge School Tel.: +31 20 688 33 55 of Law, University of the Pacific; former Member Fax: +31 20 620 34 19 of the International Law Commission Subscription Department: [email protected] Prof. Mohamed Ali Mekouar (Morocco), Professor of Law Advertising Department: [email protected] Prof. Charles Odidi Okidi (Kenya), Faculty of Law, Desk editorial Department: [email protected] University of Nairobi www.iospress.nl or www.iospress.com While completing this issue, we were informed that three pioneers in the field of national and international environ- mental policy have passed away: James “Jim” MacNeill left us on 5 March. He developed Canada’s basic environmental positions in the early 1970s, served as Director of Environment for the Organisation for Economic Co-operation and Development, and was Secretary General of the World Commission on Environment and Development (the “Brundtland Commission”). As chief architect and lead author of the world-acclaimed report Our Common Future, Jim was a firm believer that the principles of environmental law and policy should be at the heart of its ground-breaking concepts, ideas and recom- mendations. We lost Mostafa Tolba, the second Executive Director of the United Nations Environment Programme (UNEP), on 28 March. Mostafa led the Egyptian delegation to the Conference on the Human Environment in Stockholm in 1972. For nearly 20 years at UNEP, he took a practical approach toward emphasising science-based decision making, consensus in multilateral environmental agreements, and strong financial support for proper implementation.