A Paradigm of International Environmental Law: The Case for Controlling the Transboundary Movements of Hazardous Wastes

The production of large quantities of wastes globally has created a commercial activity involving the transfrontier shipments of hazardous wastes, intended to be managed at economically attractive waste-handling facilities located elsewhere. In fact, huge quantities of hazardous wastes apparently travel the world in search of “acceptable” waste management facilities. For instance, within the industrialized countries alone, millions of tonnes of potentially hazardous waste cross national frontiers each year on their way for recycling or to treatment, storage, and disposal facilities (TSDFs) because there is no local disposal capacity for these wastes, or because legal disposal or reuse in a foreign country may be more environmentally sound, or managing the wastes in the foreign country may be less expensive than at home. The cross-boundary traffic in hazardous wastes has lately been under close public scrutiny, however, resulting in the accession of several international agreements and laws to regulate such activities. This paper discusses and analyzes the most significant control measures and major agreements in this new commercial activity involving hazardous wastes. In particular, the discussion recognizes the difficulties with trying to implement the relevant international agreements among countries of vastly different socioeconomic backgrounds. Nonetheless, it is also noted that global environmental agreements will generally be a necessary component of ensuring adequate environmental protection for the world community—and thus a need for the careful implementation of such agreements and regulations.     

Environmental Health Policy: Analytic “Framing” of the Great Lakes Picture

/ The International Joint Commission (IJC) has overseen the implementation of the Great Lakes Water Quality Agreement between Canada and the United States for 25 years. Part of its mandate has been to facilitate international cooperation among a diversity of stakeholders focusing on the "waters" and the "ecosystem." In the 1970s policy focused on phosphorus reduction and individual contaminants, with some efforts (after 1978) to take an ecosystem (ecological perspectives) approach. In the last 15 years human health effects from (real and perceived) environmental causes have received considerable recognition. By contrast, less concern has been expressed for what is traditionally considered "environment" issues (such as protecting fish species). This shift at the policy level is well illustrated in the manner in which human health is increasingly used as a way for mobilizing environmental agendas. This paper analyzes nine IJC biennial reports to track how the framing of Great Lakes issues has shifted from concern for its waters to concern for human neurobehavior and reproductive systems. Frame analysis is used to conceptualize the controversies that are expressed through the Great Lakes policy documents. The analysis of the reports also reveals a shift in operational frames, used by the IJC to mobilize decision-makers into action.     

Matching response to context in complex political emergencies: 'relief', 'development', 'peace-building' or something in-between?

There is an ongoing debate over the value and pitfalls of the policy and practice of 'linking relief and development' or 'developmental relief' in aid responses to complex political emergencies (CPEs). Driven by concerns about relief creating dependence, sometimes doing harm and failing to address root causes of emergencies despite its high cost, pursuit of both relief and development has become a dominant paradigm among international aid agencies in CPEs as in 'natural' disasters. In CPEs a third objective of 'peace-building' has emerged, along with the logic that development can itself help prevent or resolve conflict and sustain peace. However, this broadening of relief objectives in ongoing CPEs has recently been criticised on a number of counts, central concerns being that it leads to a dilution of commitment to core humanitarian principles and is overly optimistic. This paper addresses these issues in the light of two of the CPEs studied by the COPE project: Eritrea and Somalia/Somaliland. It is argued that the debate has so far suffered from lack of clarity about what we mean by 'relief', 'development' and, for that matter, 'rehabilitation' and 'peace-building'. The wide spectrum of possible aid outcomes does not divide neatly into these categories. The relief-development divide is not always as clear-cut, technically or politically, as the critics claim. Moreover such distinctions, constructed from the point of view of aid programmers, are often of little relevance to the concerns of intended beneficiaries. Second, there has been insufficient attention to context: rather than attempting to generalise within and across CPE cases, a more productive approach would be to examine more closely the conditions under which forms of aid other than basic life support can fruitfully be pursued. This leads to consideration of collective agency capacity to respond effectively to diverse needs in different and changing circumstances.     

What happens to the state in conflict?: political analysis as a tool for planning humanitarian assistance

It is now part of received wisdom that humanitarian assistance in conflict and post-conflict situations may be ineffective or even counterproductive in the absence of an informed understanding of the broader political context in which so-called 'complex political emergencies' (CPEs) occur. Though recognising that specific cases have to be understood in their own terms, this article offers a framework for incorporating political analysis in policy design. It is based on a programme of research on a number of countries in Africa and Asia over the last four years. It argues that the starting-point should be an analysis of crises of authority within contemporary nation-states which convert conflict (a feature of all political systems) into violent conflict; of how such conflict may in turn generate more problems for, or even destroy, the state; of the deep-rooted political, institutional and developmental legacies of political violence; and of the difficulties that complicate the restoration of legitimate and effective systems of governance after the 'termination' of conflict. It then lists a series of questions which such an analysis would need to ask--less in order to provide a comprehensive check-list than to uncover underlying political processes and links. It is hoped these may be used not only to understand the political dynamics of emergencies, but also to identify what kinds of policy action should and should not be given priority by practitioners.     

Global factors shaping the future of food aid: the implications for WFP

Food aid is a key component of a humanitarian response but its use in other programming contexts is subject to numerous criticisms. Even in humanitarian emergencies food aid is often late, unreliable and out of proportion to other elements of the response. Three major factors will shape the future of food aid. First, mechanisms of food aid governance are being reviewed and may undergo major changes—particularly the Food Aid Convention now that hopes have diminished for an Agreement on Agriculture at the World Trade Organisation. The second significant factor is donor agency trends. Overall levels of food aid have dropped fairly steadily in recent decades and there are several discernible trends in resource allocation, procurement and the use of food aid. The third factor is an emerging body of best practice that will define acceptable standards of food aid programming in the future.     

Conflict, camps and coercion: the ongoing livelihoods crisis in Darfur

This paper presents the findings of a study commissioned by World Food Programme (WFP) in early 2006 to enhance understanding of how the conflict in Darfur has affected livelihoods and markets, and of the effects of food aid. The livelihoods of many in Darfur were devastated early on in the conflict, principally through the widespread looting or destruction of assets and highly restricted population movements, which struck at the heart of pre-conflict livelihoods. Livelihood strategies for most people are now restricted, poorly remunerated and often associated with high risk of attack. Patterns of coercion and exploitation have also become entrenched; and markets and trade, the lifeblood of Da fur's economy pre-conflict, severely disrupted. Against this backdrop the impact of food aid on livelihoods in Darfur has been overwhelmingly positive. The paper proposes a number of preconditions for investment in recovery in Darfur, and recommends ways in which livelihoods can be supported in the current context of ongoing conflict.     

Disaster reduction,loss and damage data,and the post-2015 international policy agenda

Disaster risk management, particularly management of climate-related risks, has become central to the international policy agenda. Reducing hazard-related loss and damage relies heavily on scientific inputs. Science, in turn, relies on data—in this case 1) risk-related data on hazards, exposure and vulnerability, and 2) data on associated loss and damage outcomes. The latter, data on losses and damage, are also post-2015 international policy outcome indicators at the highest level, required for countries’ monitoring of progress in reducing disaster risk, adapting to climate change, and achieving sustainable development. Although the quantity and accessibility of loss and damage data are improving, a number of issues continue to constrain their potential. These include needs for more consistent cataloguing of hazards and extreme events, more systematic and accurate documentation of per-event losses and damage, more precise cross-referencing of hazard events with associated loss and damage, and improved standardization and interoperability among databases. We identify measures for improvement in this regard, both for research purposes and for post-2015 international policy implementation.     

Two solitudes: post‐tsunami and post‐conflict Aceh

In August 2005, after the devastating tsunami in the Indian Ocean Basin, a Memorandum of Understanding (MoU) for the cessation of hostilities was signed by Aceh's longstanding adversaries—the Government of Indonesia and the Free Aceh Movement (GAM). The tsunami was a major catalyst for ‘disaster diplomacy’—international political pressure, which, this paper argues, was an important ingredient in creating conditions for the MoU, although the situation within Aceh also shaped the peace process. Based on interviews conducted in 2006 and 2007 with government officials, GAM representatives and fighters, and non‐governmental organization staff in Aceh, this paper finds that assistance for tsunami survivors far exceeds that available for conflict survivors and ex‐combatants. The formation of these two solitudes—the tsunami‐affected and the conflict‐affected—compounds challenges for sustaining peace in Aceh. This research points to an enduring lack of livelihoods for former fighters and conflict victims that may threaten a sustainable peace.     

The global partnership for sustainable development

This paper examines whether foreign aid, together with other economic, social and environmental factors, contributes to sustainable development. It starts with an illustrative theoretical growth model where foreign aid promotes sustainable development by protecting the environment. Using factor analysis and newly developed estimation methods for a dynamic panel data model with endogenous regressors, the empirical section of the paper finds evidence that foreign aid has had a significantly positive influence on sustainable development in aid recipient countries. This effect is very likely to go through channels related to growth and resources as well as a technology channel with respect to energy intensity. This research has important implications for a post‐2015 development framework on international collective action with regard to a sustainable future.     

The impact of humanitarian context conditions and individual characteristics on aid worker retention

High employee turnover rates constitute a major challenge to effective aid provision. This study examines how features of humanitarian work and aid workers’ individual characteristics affect retention within one humanitarian organisation, Médecins Sans Frontières (MSF) Holland. The study extends existing research by providing new theoretical explanations of employment opportunities and constraints and by engaging in the first large‐scale quantitative analysis of aid worker retention. Using a database of field staff (N=1,955), a logistic regression is performed of the likelihood of reenlistment after a first mission. The findings demonstrate that only 40 per cent of employees reenlist for a second mission with MSF Holland, and that workplace location and security situation, age, and gender have no significant effect. Individuals are less likely to reenlist if they returned early from the first mission for a personal reason, are in a relationship, are medical doctors, or if they come from highly developed countries. The paper reflects on the findings in the light of policy.