1.15 Compliance and Enforcement

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Presentation transcript:

1.15 Compliance and Enforcement Law enforcement 1.15 Compliance and Enforcement Lydia Slobodian – Environment Law Center – Bonn (Germany)

Compliance and Enforcement Law is only effective if it is implemented.

Compliance and Enforcement Compliance: adherence to legal rules Enforcement: measures to compel compliance

Compliance and Enforcement Compliance does not always require enforcement.

Compliance and Enforcement Compliance does not always require enforcement.

Compliance and Enforcement Compliance does not always require enforcement.

Compliance and Enforcement Compliance does not always require enforcement.

Compliance and Enforcement Compliance: adherence to legal rules Enforcement: measures to compel compliance

Compliance and Enforcement Different models

Compliance and Enforcement NORMATIVE MODEL The law seems legitimate and fair and compliance is relatively easy

Compliance and Enforcement RATIONAL MODEL People comply or not by weighing the costs and benefits involved

Compliance and Enforcement Costs of breaking the law > benefits Benefits of compliance > costs of complying

Compliance and Enforcement 1 - Lower the cost of compliance

Compliance and Enforcement 1 - Lower the cost of compliance

Compliance and Enforcement 1 - Lower the cost of compliance

Compliance and Enforcement 1 - Lower the cost of compliance 2- Increase the benefits of compliance

Compliance and Enforcement 1 - Lower the cost of compliance 2- Increase the benefits of compliance 3 - Reduce the benefits of non-compliance

Compliance and Enforcement 1 - Lower the cost of compliance 2- Increase the benefits of compliance 3 - Reduce the benefits of non-compliance

Compliance and Enforcement 1 - Lower the cost of compliance 2- Increase the benefits of compliance 3 - Reduce the benefits of non-compliance

Compliance and Enforcement 1 - Lower the cost of compliance 2- Increase the benefits of compliance 3 - Reduce the benefits of non-compliance 4 - Increase the cost of non-compliance directly

Compliance and Enforcement 1- Punishment or retribution

Compliance and Enforcement 1- Punishment or retribution

Compliance and Enforcement 1- Punishment or retribution 2- Direct prevention

Compliance and Enforcement 1- Punishment or retribution 2- Direct prevention

Compliance and Enforcement 1- Punishment or retribution 2- Direct prevention 3 - Deterrence

Compliance and Enforcement 1- Punishment or retribution 2- Direct prevention 3 - Deterrence $ $ $

Compliance and Enforcement Works differently at the international level

Compliance and Enforcement Reputation Reciprocity Benefits of compliance High cost of non-compliance

Compliance and Enforcement Penalties Dispute resolution mechanisms

Compliance and Enforcement “Each Member of the United Nations undertakes to comply with the decisions of the ICJ in any case to which it is a party “

Compliance and Enforcement Objective = improve compliance Ultimate goal = all people and countries follow their obligations to value and respect nature and natural resources