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1.15 Compliance and Enforcement
Law enforcement 1.15 Compliance and Enforcement Lydia Slobodian – Environment Law Center – Bonn (Germany)
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Compliance and Enforcement
Law is only effective if it is implemented.
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Compliance and Enforcement
Compliance: adherence to legal rules Enforcement: measures to compel compliance
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Compliance and Enforcement
Compliance does not always require enforcement.
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Compliance and Enforcement
Compliance does not always require enforcement.
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Compliance and Enforcement
Compliance does not always require enforcement.
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Compliance and Enforcement
Compliance does not always require enforcement.
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Compliance and Enforcement
Compliance: adherence to legal rules Enforcement: measures to compel compliance
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Compliance and Enforcement
Different models
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Compliance and Enforcement
NORMATIVE MODEL The law seems legitimate and fair and compliance is relatively easy
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Compliance and Enforcement
RATIONAL MODEL People comply or not by weighing the costs and benefits involved
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Compliance and Enforcement
Costs of breaking the law > benefits Benefits of compliance > costs of complying
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Compliance and Enforcement
1 - Lower the cost of compliance
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Compliance and Enforcement
1 - Lower the cost of compliance
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Compliance and Enforcement
1 - Lower the cost of compliance
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Compliance and Enforcement
1 - Lower the cost of compliance 2- Increase the benefits of compliance
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Compliance and Enforcement
1 - Lower the cost of compliance 2- Increase the benefits of compliance 3 - Reduce the benefits of non-compliance
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Compliance and Enforcement
1 - Lower the cost of compliance 2- Increase the benefits of compliance 3 - Reduce the benefits of non-compliance
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Compliance and Enforcement
1 - Lower the cost of compliance 2- Increase the benefits of compliance 3 - Reduce the benefits of non-compliance
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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
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Compliance and Enforcement
1- Punishment or retribution
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Compliance and Enforcement
1- Punishment or retribution
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Compliance and Enforcement
1- Punishment or retribution 2- Direct prevention
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Compliance and Enforcement
1- Punishment or retribution 2- Direct prevention
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Compliance and Enforcement
1- Punishment or retribution 2- Direct prevention 3 - Deterrence
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Compliance and Enforcement
1- Punishment or retribution 2- Direct prevention 3 - Deterrence $ $ $
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Compliance and Enforcement
Works differently at the international level
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Compliance and Enforcement
Reputation Reciprocity Benefits of compliance High cost of non-compliance
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Compliance and Enforcement
Penalties Dispute resolution mechanisms
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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 “
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Compliance and Enforcement
Objective = improve compliance Ultimate goal = all people and countries follow their obligations to value and respect nature and natural resources
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