1. Ole Kr. Fauchald23.12.20151 Use of terminology n Implementation ä Adoption of domestic measures ä Ensuring effectiveness of domestic measures ä Fulfilling procedural requirements of international institutions n Compliance ä Compliance vs. acceptance of obligations ä Compliance with international rules vs. compliance with domestic rules – links between domestic and international rules n Enforcement ä The taking of measures to ensure compliance n Dispute settlement

2. Ole Kr. Fauchald23.12.20152 Implementation n Categories of obligations ä Customary law obligations –The obligation to prevent harm – ILC’s Draft Articles on Prevention ä Treaty obligations –Obligations of result, obligations of conduct, obligations to take measures in a specific form, harmonization –The role of soft law instruments ä General environmental principles n Categories of relevant environmental legislation ä Integrated pollution prevention and control ä Nature protection ä Land use n Nature of measures to be taken ä Integration of relevant environmental principles ä To what do the measures apply – Processes, products, emissions, environmental quality ä Nature of measures to be taken –Limits or bans (the use of lists), ”trade measures”, land use regulation

3. Ole Kr. Fauchald23.12.20153 Non-compliance n Reasons for non-compliance ä Ability and willingness ä Importance for the design of non-compliance procedures n Forms of non-compliance procedures ä ”Non-confrontational”, ”non-judicial”, ”consultative” ä Who can trigger? ä Composition of the non-compliance committee ä Procedure of the committee ä Powers of the committee n Proliferation of non-compliance procedures

4. Ole Kr. Fauchald23.12.20154 Enforcement n The issue of reciprocity ä Countermeasures – Arts 49-54 of the ILC Draft Articles n ”Injured State”? ä Arts 42 and 48 of ILC Draft Articles – erga omnes ä Damages to areas beyond national jurisdiction – the issue of fisheries n Who can trigger cases under treaties? ä Lex specialis ä What if it is not regulated? Erga omnes beyond Art. 48 of the Draft Articles? n What kind of enforcement actions are available under treaties? n Which are the legal effects of lack of enforcement actions (such as Chernobyl)? n Transborder damage ä Enforcement through domestic courts ä The role of treaties on civil liability

5. Ole Kr. Fauchald23.12.20155 Dispute settlement n Multiple methods for settlement of disputes ä Art. 33 of the UN Charter –Negotiation, consultation, good offices, mediation, enquiry, conciliation, arbitration, judicial settlement ä Which results are ”legally binding”? n Judicial settlement ä Great variety of arrangements ä Judicial settlement -> negotiation ä ”Mandatory” dispute settlement? –ITLOS ä A ”World Environment Court”? –ICJ and the Permanent Court of Arbitration