The Amazon from an International Law Perspective

Author: Beatriz Garcia;  

Publisher: Cambridge University Press‎

Publication year: 2011

E-ISBN: 9781316934098

P-ISBN(Paperback): 9780521769624

P-ISBN(Hardback):  9780521769624

Subject: D90 theory of law (jurisprudence);D91 Legal departments

Keyword: 法律

Language: ENG

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Description

This book examines whether international law has an impact on the protection of the Amazon. This book examines whether international law has an impact on the protection of the Amazon by inquiring into the forms of cooperation that exist among the Amazon countries, and between them and the international community, and to what extent international cooperation can help protect the Amazon. This book examines whether international law has an impact on the protection of the Amazon by inquiring into the forms of cooperation that exist among the Amazon countries, and between them and the international community, and to what extent international cooperation can help protect the Amazon. With a vast river network and rainforests extending over eight South American countries, the Amazon plays a vital role particularly in maintaining biodiversity and terrestrial carbon storage. Due to its ecological characteristics, the Amazon benefits not only those countries but also the international community at large. However, the Amazon forests are being rapidly cleared with a consequent loss of biodiversity and impact on global climate. This book examines whether international law has an impact on the preservation of the Amazon by inquiring into the forms of cooperation that exist among the Amazon countries, and between them and the international community, and to what extent international cooperation can help protect the Amazon. Given the role of this region in maintaining the balance of the global environment, the book examines whether the Amazon should be granted a special legal status and possible implications in terms of international cooperation. 1. Introduction; 2. The characteristics of the Amazon; 3. The origins of regional cooperation in the Amazon; 4. The 1978 Amazon Cooperation Treaty; 5. Regional and subregional organizations; 6. Other legal instruments adopted by the Amazon states inter se; 7. Multilateral treaties and global actors in the Amazon; 8. Positive incentives for protecting the Amazon; 9. The legal status of the Amazon: implications for international cooperation; 10. General conclusions. 'This work's outstanding contribution to the broader literature on the Amazon … is its welcome focus on the changing rights and duties of states over time, a subject that has generally received short shrift in studies essentially concerned with the magnitude of the environmental problem and one that has been confined hitherto mainly to the pages of international law journals.' Philip Chrimes, International Affairs

Chapter

1.4. International Cooperation in the Context of the Present Study

2 The Characteristics of the Amazon Region

2.1. Physical Characteristics

2.1.1. Land Area

2.1.2. Hydrological Characteristics

2.2. Socioeconomic Characteristics

2.2.1. Population

2.2.2. Economic Development and Trade

2.3. Current Threats to the Amazonian Environment

2.3.1. Deforestation in the Amazon

2.3.2. Impacts of Deforestation on the Amazon

3 The Origins of Regional Cooperation in the Amazon

3.1. International Boundaries Delimiting the Amazon Region

3.1.1. The Uti Possidetis as a Principle for Establishing International Boundaries

3.1.2. International Boundaries between Brazil and the Other Amazon States

3.2. Commerce and Navigation

3.3. Early Forms of Cooperation in the Amazon Region

3.3.1. Treaties of Friendship and Cooperation

3.3.2. Environmental Conservation

3.3.3. Toward Regional Cooperation

Conclusions

4 The 1978 Amazon Cooperation Treaty

A. Origins of the 1978 Amazon Cooperation Treaty

4.1. The Rationale of a Regional Cooperation Treaty

4.2. The Negotiation of a Regional Cooperation Treaty

B. An Overview of the 1978 Amazon Cooperation Treaty

4.3. Normative Framework

4.3.1 Spatial Domain of Validity

4.3.2 Principles and Obligations

4.3.3. Implementation Mechanisms

4.3.4. Normative Evolution

4.4. Institutional Framework

4.4.1. Meetings of the Presidents

4.4.2. Meetings of Ministers of Foreign Affairs

4.4.3. Amazon Cooperation Council

4.4.4. Permanent National Commissions

4.4.5. Special Commissions

4.4.6. From Pro Tempore Secretariats to a Permanent Structure

4.4.7. The Functions and Structure of the Permanent Secretariat

4.4.8. The Permanent Secretariat Today

4.4.9. Financial Mechanism

4.5. Assessing the Effectiveness of the 1978 Amazon Cooperation Treaty

Conclusions

5 Regional and Subregional Organizations

5.1. Organization of American States

5.2. Andean Community

5.3. Caribbean Community

5.4. Common Market of the South

5.5. Inter-American Development Bank

5.6. Andean Development Corporation

Conclusions

6 Other Legal Instruments Adopted by the Amazon States Inter Se

A. Cooperation Among the Amazon States inter se

6.1. Freshwater Resources

6.2. Biodiversity

6.2.1. Genetic Resources

6.2.2. Wildlife Species of Fauna and Flora

6.3. Health, Food Safety, and Sanitation

6.4. Forests

6.5. Hazardous Substances and Activities

6.6. Disaster Prevention and Management

6.7. Indigenous Populations

B. Cooperation Among the Amazon States and Other Countries in Latin America and the Caribbean

Conclusions

7 Multilateral Treaties and Global Actors in the Amazon

A. Multilateral Environmental Agreements

B. Global Actors

7.1. International Organizations

7.1.1. The United Nations Food and Agriculture Organization

7.1.2. United Nations Environment Programme

7.1.3. United Nations Development Programme

7.1.4. The World Bank and the Global Environment Facility

7.1.5. The Pilot Program to Conserve the Brazilian Rain Forest

7.2. International Nongovernmental Organizations

C. Synergies and Conflicts Between Norms and Institutions

Conclusions

8 Positive Incentives for Protecting the Amazon

8.1. Carbon Trading

8.1.1. The Compliance Market

8.1.2. The Voluntary Carbon Market

8.2. Reducing Emissions from Deforestation and Forest Degradation

8.2.1. The International Negotiations on REDD

8.2.2. REDD in Practice

8.2.3. REDD: Pros and Cons

8.3. Payments for Environmental Services

8.3.1. Payments for Environmental Services in Practice

8.3.2. PES: Pros and Cons

Conclusions

9 The Legal Status of the Amazon: Implications for International Cooperation

9.1. The Amazon as a Common Heritage of Humankind?

9.2. The Amazon as an Area of Special Protection?

9.3. The Amazon as a Common Concern of Humankind

9.3.1. Consequences of a Common Concern Status

9.3.2. A Right of Surveillance in the Protection of the Amazon

Conclusions

10 General Conclusions

10.1. Cooperation Among the Amazon States inter se

10.2. The Role of the 1978 Amazon Cooperation Treaty

10.3. Cooperation Between the Amazon States and the International Community

10.4. International Legal Status for the Amazon and Possible Implications

Bibliography

I. Official Documents

1. Treaties and Other Instruments (arranged by date)

2. United Nations General Assembly Resolutions

3. Other UN Documents

4. United Nations Economic and Social Council Decisions and Resolutions

5. Resolutions and Decisions of Other Organizations

6. International Law Commission Documents (arranged by date)

7. Declarations and Other Soft Law Instruments (arranged by date)

8. Statements and Speeches

II. Reports and Yearbooks

III. Decisions of International and National Tribunals

1. Judgements and Advisory Opinions of the Permanent International Court of Justice

3. Arbitral Awards

2. Judgements and Advisory Opinions of the International Court of Justice

4. Decisions of the Court of Justice of the Andean Community (CJAC)

5. Caribbean Court of Justice

6. Inter-American Court of Human Rights

7. International Tribunal for the Law of the Sea

8. Brazilian Courts

9. Mercosur Permanent Court of Appeal

IV. Books and Compilations

V. Articles, Courses, Contributions to Collective Works

VI. Main Electronic Documents and Internet Sites

Index

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