tailieunhanh - International Environmental Law Part 3

Các quốc gia trong khu vực được xem như một thực thể và đó là mức độ tổng thể của ô nhiễm trong khu vực là điều quan trọng cho các mục đích đáp ứng các yêu cầu quy định được thiết lập bởi một hiệp ước quốc tế chứ không phải là ô nhiễm tạo ra bởi mỗi quốc gia riêng lẻ. | Enclosure of Global Commons 91 in international conventions such as that of joint implementation come close to restricted privatization. Joint implementation is allowed in international agreements for regional legal entities such as the European Community. Countries in a region are viewed as an entity and it is the overall level of pollution in the region that counts for the purposes of meeting the regulatory requirements set by an international treaty rather than pollution generated by each individual country. This means implicitly that countries need to determine among themselves air pollution entitlements. Such determinations are usually based on the level of industrialization needs and availability of state-of-the-art technology. Thus states with more advanced technology may be willing to concede pollution rights to countries with less advanced technologies in that region. Countries that experience a prolonged recession may decide to sell some of their emission credits to countries that are unable to proceed with drastic emission cutting. The transboundary air regime in Europe the ozone regime and the climate change regime provide for different versions of joint implementation that boil down to the same idea of establishing pollution entitlements that would be traded The climate change regime has adopted the Clean Development Mechanism which involves joint implementation projects between countries of the North and countries of the South. The collaborative nature of joint implementation should not be blinding with regard to the underlying assumption on which it is based that the air is a common pool resource and without regulation and some sort of privatization in terms of assignment of restricted pollution rights it would be degraded. International instruments have addressed the distributional effects of controlling air pollution. Developing countries have viewed the distributional effects of air pollution control as inequitable. Developing .