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Questions and Answers

What was the main reason the Soviet Union insisted on a base year of 1990 during the Montreal negotiations?

  • It was the year when the global environmental crisis peaked.
  • It coincided with the end of their five-year planning cycle. (correct)
  • It aligned with their desired timeline for production cuts.
  • It was the year agreed upon by the majority of negotiators.

What caused the deadlock in the Montreal negotiations regarding the base year for CFC reductions?

  • A lack of communication among the negotiating parties.
  • Conflicting national interests between the United States and Soviet Union. (correct)
  • Uncertainty about the impact of production cuts on future economies.
  • Disagreements over the scientific data concerning CFC usage.

How was the deadlock in the Montreal negotiations eventually resolved?

  • By convening a new panel of experts to reevaluate the issue.
  • By adjusting the treaty text to include a qualification. (correct)
  • By introducing an entirely new base year.
  • Through the use of an interpreter to facilitate communication.

What unexpected event contributed to breaking the negotiation deadlock?

<p>The Soviet negotiator overheard a critical conversation in German. (B)</p> Signup and view all the answers

What negative consequence was anticipated if the Soviet Union's preferred base year of 1990 was adopted?

<p>Countries might increase their CFC production before the cut-off date. (A)</p> Signup and view all the answers

What was one of the deterrents for entry into the polar bear products trade?

<p>Changes in custom, particularly the 200-mile EEZ (B)</p> Signup and view all the answers

Which countries were excluded from the negotiations leading to the Nile Waters Agreement in 1959?

<p>All countries bordering the Nile (A)</p> Signup and view all the answers

Which treaty restricts trade in polar bear products, as mentioned in the content?

<p>CITES Agreement (C)</p> Signup and view all the answers

What was the main issue regarding participation restrictions in the Antarctic Treaty?

<p>It excluded all nations regardless of their interest (A)</p> Signup and view all the answers

What implication does the exclusion of other Nile riparians have on the legitimacy of the Nile Waters Agreement?

<p>It casts a cloud over the regime's legitimacy (A)</p> Signup and view all the answers

What does a signature on a treaty usually indicate for a country?

<p>Intent to comply and seek ratification (A)</p> Signup and view all the answers

What is required for a treaty to legally enter into force?

<p>Ratification by participating countries (A)</p> Signup and view all the answers

What can happen if a negotiator strikes a bargain that the executive does not like?

<p>The agreement may still be ratified (B)</p> Signup and view all the answers

What action carries the same legal weight as ratification?

<p>Accession to the treaty (D)</p> Signup and view all the answers

What duty is imposed on a country that has signed a treaty?

<p>To refrain from undermining the treaty's objectives (A)</p> Signup and view all the answers

What is typically the first act a country takes regarding a treaty before ratification?

<p>Signing the treaty (D)</p> Signup and view all the answers

Why was President Bill Clinton's signing of the Kyoto Protocol significant?

<p>It imposed a duty on the U.S. not to interfere with other countries' ratifications (A)</p> Signup and view all the answers

How are bilateral and multilateral agreements treated differently regarding signature obligations?

<p>Multilateral signatures generally indicate intent but don't impose legal obligations (C)</p> Signup and view all the answers

What is a reason parties might prefer to protect more of a resource in the near term?

<p>The expectation of irreversible damage from development. (B)</p> Signup and view all the answers

What may countries negotiate based on uncertainty about the future environment?

<p>An initial treaty that retains flexibility for future options. (D)</p> Signup and view all the answers

How can a treaty be renegotiated?

<p>By making binding adjustments based on the agreement. (B)</p> Signup and view all the answers

What distinguishes an amendment from an adjustment of a treaty?

<p>Only amendments allow a state to remain a signatory to the original agreement. (D)</p> Signup and view all the answers

What requirement must be met for a state that accedes to a treaty after amendments take effect?

<p>They must become a party to the amended agreement. (C)</p> Signup and view all the answers

What is a characteristic of the Montreal Protocol?

<p>It provides a flexible framework for obligations. (C)</p> Signup and view all the answers

Why might parties withdraw from a treaty?

<p>To avoid compliance with necessary amendments. (A)</p> Signup and view all the answers

What is one impact of anticipating irreversibility in development for negotiations?

<p>Enhanced commitment to preserving unique environments. (B)</p> Signup and view all the answers

What is the significance of including every country as a player in the modeling of fur seals?

<p>It underscores the potential for unregulated hunting. (B)</p> Signup and view all the answers

Why are participation restrictions common in treaties like the Montreal Protocol?

<p>To exclude non-interested parties from affecting outcomes. (B)</p> Signup and view all the answers

In the context of conservation agreements, what does 'N' typically define?

<p>The number of countries participating in negotiations. (A)</p> Signup and view all the answers

What was a significant factor that led to the creation of the Agreement on the Conservation of Polar Bears?

<p>Concerns about potential extinction due to hunting emerged. (B)</p> Signup and view all the answers

What is a common reason for restricting participation in some international treaties?

<p>Preventing states without interest from joining. (B)</p> Signup and view all the answers

What misconception may arise regarding the membership of the Vienna Convention?

<p>All countries are invited to negotiate. (B)</p> Signup and view all the answers

Which statement reflects a misconception about the hunting of polar bears in relation to conservation efforts?

<p>Polar bears were significantly affected by international sports hunting in the past. (C)</p> Signup and view all the answers

What misconception might people have about high seas fisheries management?

<p>Any country can intervene without consequences. (C)</p> Signup and view all the answers

What was the main purpose of the ICRW in relation to whale stocks?

<p>To provide for the proper conservation of whale stocks (C)</p> Signup and view all the answers

What significant change occurred regarding the signatories of the ICRW over time?

<p>Most original signatories lost interest in commercial whaling (A)</p> Signup and view all the answers

Which of the following best describes the major conflict within the IWC today?

<p>A clash between preservation values and optimal yield management (C)</p> Signup and view all the answers

What prompted Iceland's withdrawal from the IWC in 1992?

<p>Conflict in conservation objectives among parties (B)</p> Signup and view all the answers

What role does the 'North Atlantic Marine Mammals Conservation Organisation' play?

<p>It serves as a splinter organization focused on marine mammal preservation (C)</p> Signup and view all the answers

Which country joined the IWC in 1994 with the aim to stop whaling?

<p>Switzerland (D)</p> Signup and view all the answers

What was a key issue with the membership of the ICRW?

<p>Membership included a mix of whaling and non-whaling nations (B)</p> Signup and view all the answers

What consensus was reached about mineral development in Antarctica?

<p>A decision was postponed to leave options open (D)</p> Signup and view all the answers

Flashcards

Chance in Negotiations

Unforeseen events or circumstances that can significantly impact the outcome of negotiations.

Strategic Behavior in Negotiations

The use of tactics or strategies designed to gain an advantage during negotiations, often by creating artificial pressure.

Negotiation Deadlock

A situation where negotiations stall or fail to progress due to a lack of agreement on a key issue.

Base Year in Negotiations

A reference point or baseline used to calculate future reductions in production or consumption, often used in environmental agreements.

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Negotiations Proceeding Smoothly

The process of finding mutual understanding and common ground during negotiations.

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Ratification

The process by which a country formally approves and accepts an international agreement, making it legally binding.

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Signing a Treaty

A state demonstrates its intention to uphold a treaty by having a representative sign it. This signifies an intention to pursue ratification.

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Accession

A country joining an existing treaty after its initial signing and ratification by other countries.

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Bilateral Agreement

An agreement between two countries.

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Multilateral Agreement

An agreement involving three or more countries.

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Denunciation

The act of a state formally withdrawing from a treaty or agreement.

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Kyoto Protocol

A treaty that focuses on environmental issues, particularly climate change. It aims to reduce greenhouse gas emissions.

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Convention on Biological Diversity

A treaty that aims to protect biological diversity and its sustainable use.

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Treaty Renegotiation

A situation where parties to a treaty can agree to renegotiate it at a later date to adjust it to changing circumstances.

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Treaty Supercession

A treaty can be completely replaced by a new agreement.

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Negotiated Adjustments

Specific adjustments to a treaty are made, obligating all original parties to comply.

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Treaty Amendments

Amendments to a treaty are optional for original parties, who can choose to not participate.

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Amendment Obligations

States joining a treaty after amendments are introduced must adhere to the amended version.

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Montreal Protocol Flexibility

The Montreal Protocol demonstrates flexible treaty design, allowing for adjustments based on scientific or technological advancements.

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Treaty Flexibility

When a treaty's terms are designed to be flexible, allowing changes over time, it is considered flexible.

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Negotiations with Future Uncertainty

Uncertainty about future conditions can lead to negotiations that aim to keep options open for future decisions.

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N (in International Negotiations)

The number of countries involved in a negotiation or agreement, often determined by the scope of the issue and its potential impact on global public goods.

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Open Membership in Global Agreements

Any country can participate in negotiations regarding global public goods, as the benefits extend beyond national boundaries.

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Accession to Treaties

The act of joining a treaty or agreement after its initial establishment.

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Restricted Participation in Agreements

A situation where a country chooses to restrict the number of participants in a negotiation due to factors like limited resources or the nature of the issue.

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Agreement on the Conservation of Polar Bears

The agreement to protect polar bears, restricting participation to countries with significant polar bear populations or a stake in their conservation.

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Restricted Participation based on Lack of Interest

Limited participation in an agreement due to the lack of opportunity or interest by excluded parties.

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Hunting of Polar Bears

The practice of hunting polar bears for their fur or sport, particularly in international waters where regulations may be less strict.

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Aerial Safaris for Polar Bear Hunting

A type of hunting in which hunters use aircraft to locate and kill polar bears, primarily conducted in international waters.

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What is CITES?

A method to protect a species from over-exploitation by limiting or prohibiting trade in its parts or products. CITES allows countries to regulate trade in certain species and ensures that trade does not threaten their survival.

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What is a territorial sea?

The territorial waters extending 12 nautical miles from the coastline of a state. This area is subject to the state's sovereignty and laws.

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What is an Exclusive Economic Zone (EEZ)?

A sea zone extending up to 200 nautical miles from a country's coastline, within which the state has special rights over the exploration and exploitation of marine resources.

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What are participation restrictions in treaties?

A situation where an international agreement or treaty is negotiated and signed by a small group of nations, but other nations are excluded from participating in the decision-making process despite having an interest in the resource or issue.

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Why is the Antarctic Treaty an example of participation restrictions?

The 1959 Antarctic Treaty, which governs activities in Antarctica, was signed by a limited number of nations that were actively researching the area during the International Geophysical Year. Other nations were excluded from the treaty's formation, despite having a stake in the continent's management.

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Cloud of Illegitimacy

A situation where an agreement is not universally accepted, leaving room for future changes or conflicts.

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Inclusiveness in Agreements

The process of including a wide range of stakeholders in an agreement, even those not directly involved in the issue.

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Sustained Yield Management

A strategy for managing resources for the long term by initially restricting exploitation to allow populations to recover, leading to a larger sustainable yield.

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Clash of Objectives in Agreements

The situation when different parties involved in an agreement have conflicting goals and values, potentially leading to conflict or dissatisfaction.

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Splinter Organization

The formation of a new group or treaty by members who disagree with the existing agreement or its direction.

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New Treaty Constitution

A new agreement created by members who split from an existing agreement, often with a different structure and focus.

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Agreement Postponing a Decision

An agreement that postpones decisions on key issues, allowing for future negotiations or responses to changing circumstances.

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Study Notes

International Environmental Agreements

  • International agreements are increasingly used to address international cooperation problems.
  • Treaty-making is a process that shapes outcomes.
  • Treaties have minimum participation levels, basic obligations, withdrawal clauses, and may use trade restrictions.
  • There are over 4,300 treaties and international agreements, with two-thirds entered into in the past 25 years.
  • International agreements address transnational environmental issues, such as conserving wildlife (marine mammals, fish, birds, etc.), preserving unique ecosystems, controlling pests and diseases, managing shared resources (rivers, seas), and regulating hazardous materials.

Introduction

  • International Environmental Agreements (IEAs) are negotiated, written, and legally binding on participating countries.
  • They offer specific remedies to transnational environmental problems, unlike general customary solutions.

The Environmental Treaty

  • The appendix provides a list of current and potential IEAs.

  • Decisions about including or excluding certain treaties in the list are not straightforward.

  • It is not a comprehensive or totally current list.

  • Treaties have increased in number since 1945.

The number of International Environmental Agreements

  • The graph illustrates the increasing number of IEAs since 1900.
  • There has been a significant increase in the number of IEAs, especially since the Second World War.

EU Directives

  • The EU has numerous environmental regulations, directives, and decisions.
  • EU agreements have distinct features due to their unique institutional context.
  • EU directives have implications for the European single market, not just transboundary externalities.
  • EU directives are different from IEAs.

Bilateral Agreements

  • Bilateral agreements are more challenging to analyze comprehensively than multilateral agreements.

The Process of Treaty-Making

  • Treaty-making is a complex, not linear process.
  • Key stages are pre-negotiation, negotiation, ratification, implementation, and renegotiation.
  • Pre-negotiation involves maneuvering between different parties (and countries) with varied views.
  • Negotiation and agreements can be difficult and require a long time and considerable effort from all parties involved.

Procedural Arrangements

  • Treaty negotiations often use committees.
  • The use of committees to discuss different aspects of the same issue at the same time.
  • Treaty texts are frequently adjusted and reworked throughout the process

Transparency

  • Recent emphasis on transparency (in negotiations) could possibly hinder, rather than advance cooperation
  • Parties may attempt to compromise in private, and openness is not always a major driver for success.

Negotiation of Compliance

  • Compliance requirements and clauses for treaties vary considerably
  • Reports are required for many international agreements

Ratification

  • Ratification is needed for multilateral agreements to have legal force.
  • A country's parliament or equivalent often has the final say in approving or rejecting a treaty.

Renegotiation

  • Treaties can be renegotiated in response to changes in the environment, technology, or circumstances.

  • Irreversible costs and changes can potentially impact the need for renegotiation and compromise.

  • Parties may deviate from initial compromises if they foresee future changes.

  • Renegotiations often lead to further complications.

Participation Restrictions

  • Participation in agreements varies depending on the subject matter, context, and circumstances.
  • The number of parties involved (N) in agreements related to global public goods can be easily calculated, but in other situations determining this value can be quite complex.
  • Some agreements limit or restrict participation to specific parties, while others are open to all countries.
  • A treaty's usefulness can depend on whether parties are adequately represented and interested in its success.

Entry into Force and Minimum Participation

  • Often, a minimum number of ratifications are required for an IEA to come into effect.
  • Time taken for a treaty to come into force varies considerably, from immediate effect to decades.

Trade Restrictions

  • Trade restrictions are a feature of some IEAs used to achieve objectives or deter potentially undesirable behaviours.

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