This paper explores the challenges associated with the adoption of new laws to protect the enviro... more This paper explores the challenges associated with the adoption of new laws to protect the environment or promote sustainable development by focussing on how marine governance has responded to threats to the environment or marine resources. As this paper demonstrates, while there have been some developments in the law as a result of changing circumstances, circumstances alone are not sufficient
The study focussed on the interactions of science and law in the context of the development of en... more The study focussed on the interactions of science and law in the context of the development of environmental regulation, in particular the development of standards to address diffuse pollution. It was based on two contentions: the first is that certain regulatory options are ...
The EC Water Framework Directive, 2000/60/EC (WFD), which will be transposed into Scottish Law du... more The EC Water Framework Directive, 2000/60/EC (WFD), which will be transposed into Scottish Law during 2003, represents the most significant change in environmental legislation covering the aquatic environment for 30 years (Scottish Environment Protection Agency, 2002). The holistic approach to environmental objectives coupled with an inclusive 'sustainability' agenda requiring attention to economic and social aspects is a departure from the past focus of the Scottish Environment Protection Agency (SEPA). Implementing the WFD requires SEPA to expand its mainstream business to include new issues, notably diffuse pollution and Sustainable Development. SEPA is clearly endeavouring to meet this goal and to some extent has been successful. There is evidence, however, that these issues are yet to be fully incorporated as mainstream business. Participants in our research confirmed the hypothesis that diffuse pollution was both an emerging issue for SEPA and an issue that required a ...
ABSTRACT The primarily action-oriented nature of obligations in regimes designed to address marin... more ABSTRACT The primarily action-oriented nature of obligations in regimes designed to address marine pollution from land-based activities makes establishing whether or not states are complying with their obligations difficult. At the same time, a lack of knowledge about and understanding of the marine environment and effectiveness of responses to pollution make noncompliance likely. These threats might undermine the legitimacy of any regime. However, they do not appear to do so here. Instead, they prompt action to improve on all counts. This effect appears to be largely a result of the tacit recognition of the distinction between willful, norm-generating and operational noncompliance by those party to the regimes, with each type of noncompliance generating a different response.
The International Journal of Marine and Coastal Law, 2006
ABSTRACT This paper explores harmonisation of international regimes, in particular the factors th... more ABSTRACT This paper explores harmonisation of international regimes, in particular the factors that impact on it in practice. These issues are explored in the context of the harmonisation project undertaken by HELCOM in 2000-01. As will be demonstrated there are four main factors that influence the likelihood of harmonisation of measures. Of these the one most likely to promote harmonisation is pragmatism. The other three—geographic, economic and political factors—are all more likely to tilt against harmonisation than for it.
Page 1. SUDS law: Non-State actors and the haphazard route to implementation of international obl... more Page 1. SUDS law: Non-State actors and the haphazard route to implementation of international obligations* ELIZABETH A. KIRK, KIRSTY SHERLOCK AND ALISON D. REEVES Abstract. This article focuses on the role of non ...
This paper explores the challenges associated with the adoption of new laws to protect the enviro... more This paper explores the challenges associated with the adoption of new laws to protect the environment or promote sustainable development by focussing on how marine governance has responded to threats to the environment or marine resources. As this paper demonstrates, while there have been some developments in the law as a result of changing circumstances, circumstances alone are not sufficient
The study focussed on the interactions of science and law in the context of the development of en... more The study focussed on the interactions of science and law in the context of the development of environmental regulation, in particular the development of standards to address diffuse pollution. It was based on two contentions: the first is that certain regulatory options are ...
The EC Water Framework Directive, 2000/60/EC (WFD), which will be transposed into Scottish Law du... more The EC Water Framework Directive, 2000/60/EC (WFD), which will be transposed into Scottish Law during 2003, represents the most significant change in environmental legislation covering the aquatic environment for 30 years (Scottish Environment Protection Agency, 2002). The holistic approach to environmental objectives coupled with an inclusive 'sustainability' agenda requiring attention to economic and social aspects is a departure from the past focus of the Scottish Environment Protection Agency (SEPA). Implementing the WFD requires SEPA to expand its mainstream business to include new issues, notably diffuse pollution and Sustainable Development. SEPA is clearly endeavouring to meet this goal and to some extent has been successful. There is evidence, however, that these issues are yet to be fully incorporated as mainstream business. Participants in our research confirmed the hypothesis that diffuse pollution was both an emerging issue for SEPA and an issue that required a ...
ABSTRACT The primarily action-oriented nature of obligations in regimes designed to address marin... more ABSTRACT The primarily action-oriented nature of obligations in regimes designed to address marine pollution from land-based activities makes establishing whether or not states are complying with their obligations difficult. At the same time, a lack of knowledge about and understanding of the marine environment and effectiveness of responses to pollution make noncompliance likely. These threats might undermine the legitimacy of any regime. However, they do not appear to do so here. Instead, they prompt action to improve on all counts. This effect appears to be largely a result of the tacit recognition of the distinction between willful, norm-generating and operational noncompliance by those party to the regimes, with each type of noncompliance generating a different response.
The International Journal of Marine and Coastal Law, 2006
ABSTRACT This paper explores harmonisation of international regimes, in particular the factors th... more ABSTRACT This paper explores harmonisation of international regimes, in particular the factors that impact on it in practice. These issues are explored in the context of the harmonisation project undertaken by HELCOM in 2000-01. As will be demonstrated there are four main factors that influence the likelihood of harmonisation of measures. Of these the one most likely to promote harmonisation is pragmatism. The other three—geographic, economic and political factors—are all more likely to tilt against harmonisation than for it.
Page 1. SUDS law: Non-State actors and the haphazard route to implementation of international obl... more Page 1. SUDS law: Non-State actors and the haphazard route to implementation of international obligations* ELIZABETH A. KIRK, KIRSTY SHERLOCK AND ALISON D. REEVES Abstract. This article focuses on the role of non ...
Uploads
Papers by Elizabeth Kirk