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1.15 Compliance and Enforcement

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Presentation on theme: "1.15 Compliance and Enforcement"— Presentation transcript:

1 1.15 Compliance and Enforcement
Law enforcement 1.15 Compliance and Enforcement Lydia Slobodian – Environment Law Center – Bonn (Germany)

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

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

4 Compliance and Enforcement
Compliance does not always require enforcement.

5 Compliance and Enforcement
Compliance does not always require enforcement.

6 Compliance and Enforcement
Compliance does not always require enforcement.

7 Compliance and Enforcement
Compliance does not always require enforcement.

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

9 Compliance and Enforcement
Different models

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

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

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

13 Compliance and Enforcement
1 - Lower the cost of compliance

14 Compliance and Enforcement
1 - Lower the cost of compliance

15 Compliance and Enforcement
1 - Lower the cost of compliance

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

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

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

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

20 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

21 Compliance and Enforcement
1- Punishment or retribution

22 Compliance and Enforcement
1- Punishment or retribution

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

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

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

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

27 Compliance and Enforcement
Works differently at the international level

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

29 Compliance and Enforcement
Penalties Dispute resolution mechanisms

30 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 “

31 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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