NO. 1 - 2004 Nansen News is a newsletter from the Fridtjof Nansen Institute (FNI) The institute is based at Lysaker outside Oslo, Norway, and is engaged in applied social science research on international resource management and the environment The Fridtjof Nansen Institute P.O. Box 326 N-1326 LYSAKER Tel: (47) 67111900 Fax: (47) 67111910 Email: post@fni.no FNI Web-site: http://www.fni.no/ Sustainability Indexes – is a more solid scientific basis needed? Since the Brundtland Commission coined the concept of sustainable development in 1987, we have seen an almost exponential growth in the use – and misuse – of sustainability phrases. One area of focus has been the establishment and use of sustainability indexes to measure the performance of countries and corporations in this context. Of the last category here is Dow Jones Sustainability Group Index – DJSGI or DJSI – the most famous one. For the more specific environmental dimension of sustainable development we have also a number of different indexes, among them the Environmental Sustainability Index (ESI) of the World Economic Forum. We also have several environmental performance indexes both for countries and corporations. Adding to the confusion is the fact that corporations are using different parameters and indicators when they develop their own corporate social strategies. Sometimes these include everything from human rights, labour and security issues to environmental and sustainable development parameters, but often this concept is much more narrowly defined. The use of these indexes, often very aggregate and complex ones, seems to be increasingly important for business, NGOs and civil society at large. When these measurements are made public and given political and consumer connotations, corporations do care and act to change bad practices. In fact, business has been in the fore-front in this development. As this phenomenon has developed, we have also seen that a great number of firms and businesses are now established and are making money from the ’index business’ itself. The inclusion of environmental performance into the economy is a much broader trend which is highly welcome, but the ’index sector’ and the selection of parameters and indicators do have some major shortcomings. Both the conceptual foundation for and the composition and architecture of many of the most widely known indexes are blurry and not very scientifically founded. When the Nordic countries are on top of the list of environmental sustainability indexes, the lack of externality inclusion is a major factor. We have exported our ecological footprints! The research on drivers for policy change towards sustainable development should therefore contribute to a more solid scientific basis for development and use of these indexes. They have been accepted as a useful tool for guiding us in the direction of sustainable development of the business sector, and we should make sure that they really do. Peter Johan Schei Director New Publications … New helmsman at the FNI Climate compliance: new book Peter Johan Schei (59) is the new director of the Fridtjof Nansen Institute, effective from 1 April. Schei holds a Master’s degree in biology from the University of Oslo, and has worked on environmental and resource management issues since 1973. He comes from a position as Special Consultant /Head of Negotiations at the Directorate for Nature Management (DN), where he was Director in 1989-1995. Schei headed the Norwegian delegation to international negotiations on biodiversity, trade in endangered species, and the exploitation of wetlands. He has held a number of international positions in his field, and has developed and led several research programmes on biodiversity and management of natural resources, both nationally and internationally. During the preparations for the World Summit on Sustainable Development in Johannesburg, he worked for the UN General Secretary. A manuscript entitled International Compliance: Implementing the Climate Regime, edited by Olav Schram Stokke, Jon Hovi and Geir Ulfstein and involving experts from Norway, United Kingdom, and the United States, has been accepted for publication by Earthscan, London. The book will be out in early autumn of 2004 and is one of a string of publications resulting from a project under the Samstemt programme of The Research Council of Norway. The book project has been undertaken jointly by The Fridtjof Nansen Institute, CICERO, and the Department of Public and International Law at the University of Oslo. Arctic Council meeting FNI Researcher Kristine Offerdal attended the Artcic Council meetings in Selfoss, Iceland 35 May as a member of the Norwegian delegation to the meetings. She participated in both the SAO meetings (Meetings for Senior Arctic Officials) and the SDWG meeting (Sustainable Development Working Group). The Arctic Council is a high-level intergovernmental forum that provides a mechanism to address the common concerns and challenges faced by the arctic governments and the people of the Arctic. The Member States of the Arctic Council are Canada, Denmark, Finland, Iceland (Chair 2002-2004), Norway, the Russian Federation, Sweden and the USA. Health project evaluation Since mid-2002, FNI researchers Geir Hønneland and Lars Rowe have been involved in the evaluation of an international health collaboration. The Task Force on Communicable Disease Control in the Baltic Sea Region has initiated, funded and monitored some 100 projects on infectious disease control, most of which have been carried out in the Baltic countries and Northwest-Russia. The Task Force mandate period expires in June 2004. FNI conducted the so-called contextual evaluation, focusing on the cultural, political and social environment (i.e. non-medical factors) surrounding Task Force projects. Hønneland has been a member of the Task Force’s Steering Committee for evaluation, and Hønneland and Rowe have co-authored the book Health as International Politics. Combating Communicable Diseases in the Baltic Sea Region, forthcoming in May 2004 (see www.ashgate.com). Rowe has compiled a final report from the Steering Committee for evaluation, which has taken into account all four evaluations of various aspects of the Task Force. He will present the overall result at the 6th Nordic-Baltic Congress on Infectious Diseases in Palanga, Lithuania, 3-6 June. AAS Annual Meeting Senior Research Fellow Gørild Heggelund participated in the annual meeting of the Association for Asian Studies (AAS), the largest society of its kind in the world. The AAS seeks through publications, meetings, and seminars to facilitate contact and an exchange of information among scholars to increase understanding of East, South, and Southeast Asia. The AAS members are scholars, business people, diplomats, journalists, and interested lay persons. The AAS annual meeting took place in San Diego, California March 4-7, 2004. Due to a large number of participants, the meeting was organised into 219 different and parallel sessions and panels with a great variety of topics ranging from economics, history, politics, literature, culture, religion, media etc in East, South, and Southeast Asia. Heggelund participated in the session entitled Nature and State in Asia, and presented the paper ‘The Three Gorges Dam: Resettlement and Envi-ronmental Policy-making’. Page 2 New Publications … New ballast-water project The Norwegian Government has, within the framework of assistance and cooperation projects with Croatia, supported the project on “Ballast water issues for Croatia: Possible usefulness of Norwegian experience and expertise”. FNI has been entrusted with coordination of this one-year project, which is implemented in collaboration with Det norske Veritas. The project is led by FNI Senior Research Fellow Davor Vidas. The idea and the initiative for the project originated during the visit of the Foreign Minister of Norway, Jan Petersen, to Croatia in May 2003, on which occasion the Croatian side expressed its interest in Norwegian experience and expertise on ballast-water issues as possibly helpful to Croatia in addressing the challenges and perspectives in this area. Croatia currently faces ballast water issues in two respects. First, related to all of its export ports, where an examination of this matter is needed and both technical and regulatory solutions required. Second, in relation to a particular location – the deep-sea port of Omišalj in the Bay of Kvarner region – which may, according to the current plans, soon become the first major oil export port in the Adriatic Sea, and thus experience an intensive and increasing tanker export traffic. The main purpose of the project is to assist Croatian authorities as an independent pool of expertise in considering and evaluating risks from introduction of invasive species with ballast water, technical risk control options, as well as regulatory options for the ballastwater issues. Institutional contacts in Croatia are the Ministry of the Sea, the Ministry of Environmental Protection, and the Ministry of Agriculture – Fisheries Directorate. In addition, collaborative contacts with the relevant Croatian scientific institutions and experts have been established. FNI in Expert Group on Mediterranean Marine Law On 15-16 March 2004, IUCN invited a group of legal experts to a workshop in Malaga, Spain, to examine Improved Governance of the Mediterranean Beyond Territorial Seas. Dr Davor Vidas, director of Marine Affairs and Law of the Sea Programme at FNI, gave one of the introductory speeches, on Croatia’s recently proclaimed ecological and fisheries protection zone. This zone, which is based on the exclusive economic zone provisions of the UN Law of the Sea Convention, was prompted by two main challenges for the Adriatic Sea: the increasing illegal, unreported and unregulated (IUU) fishing, as well as the increasing pollution risks for the marine environment, including plans for oil export routes through the Adriatic. At the same time, the mainstay of the Croatian economy – tourism – is based on a preserved marine environment. An important purpose of the workshop, widely attended by Mediterranean legal experts, was to launch an IUCN Expert Group on Mediterranean Marine Law, in which FNI also takes part. Report on results of Norwegian development policy In 2001, the Norwegian Ministry of Foreign Affairs appointed an advisory committee on results in the development policy. 23 April the committee presented its final report in Oslo. Head of the committee, Helge Rønning (University of Oslo), presented the broad lines of the report, while Bjørne Grimsrud (FAFO) discussed aspects pertaining to the coherence of Norwegian policies towards developing countries. FNI Research Fellow Regine Andersen highlighted three issues of particular relevance for the reorganised NORAD. First, she warned against the new donor trends of instrumentalizing NGOs for the implementation of poverty reduction strategies in developing countries, since it weakens the role of NGOs as democratic actors, critics for the strategies and watchdogs for their implementation. In addition it weakens the role of the state, in that NGOs are given responsibility for services traditionally provided for by the state. Second, she suggested that NORAD in its new role as a professional advisor to the Ministry should seek professional input and co-operation not only among research environments traditionally engaged in development studies. The new challenges of policy coherence and professional advice necessitate involving a broader range of research environments. Finally, she emphasised the recommendation from the report on an evaluation of the evaluation procedures of the former evaluation unit in the Ministry of Foreign Affairs. Keynote speakers at IUU workshop Senior Research Fellow Olav Schram Stokke and Director of the Marine Affairs and Law of the Sea Programme, Davor Vidas, gave the keynote address to the OECD Workshop on Illegal, Unreported and Unregulated (IUU) Fishing Activities, held in Paris, 19 April 2004 20 April 2004. Page 3 New Publications … New FNI publications are presented below in broad thematic categories, to assist those who search for information on specific topics. BIODIVERSITY AND OTHER GLOBAL GOVERNANCE ISSUES Bryde, Martin Plant and Animal Variety: The Variety Exceptions of the European Patent Organisation and the European Community Assessed in Relation to Patentable Subject Matter. FNI report 4/2004. Lysaker, FNI, 2004. 76 p. This report is based on a thesis submitted to the Faculty of Law, University of Oslo as part of the cand. jur. degree. It discusses the legal understanding of the terms plant variety and animal variety in the European Patent Convention (EPC) and the Patent Directive of the European Community (98/44/EC). The main finding is that only plant and animal varieties are exempted from patentability while other expressions of plants and animals are patentable. This includes inventions covering expressions of plants and animals on superordinate taxonomical levels, inventions where the tech-nical feasibility is not confined to one particular variety and patent claims covering micro-organisms. The terms are inter alia interpreted in light of the International Convention for the Protection of New Varieties of Plants, the UPOV Convention and the Agreement on Trade-Related Aspects of Intellectual Property Rights, the TRIPs Agreement. The relation between patents and sui generis protection for plant varieties illuminates the division of work between the systems and contributes to the understanding of the term variety seen from a patent law perspective. The report provides a basis for further research. In particular, the consequences of the current understanding of the variety exceptions (chapter 7), will be investigated more thoroughly in forthcoming research. Tvedt, Morten Walløe and A. Maki-Tanila ‘Legal issues’. Pp. 41-45 in: S. J. Hiemstra (ed.), Guidelines for the Consti-tution of National Cryo-preservation Programmes for Farm Animals. Lelystad, The Netherlands : Centre for Genetic Resources, 2004. 47 p. The working group that developed these Guidelines took up the difficult task of assembling all the relevant issues regarding cryopreservation of AnGR into practical Guidelines. Some issues are not new, but the way they are presented is intended to make them easier to pick up and use. Other issues are relatively new to the European (and global) AnGR community and will be of real interest to those engaged in ex situ conservation. As the FAO’s First Report on the State of the World’s AnGR for Food and Agriculture process gains momentum and countries throughout Europe begin to develop new or existing national action plans for the conservation and sustainable use of their indigenous breeds of livestock, the question of ex situ conservation of those breeds will arise. There is reason to believe that these Guidelines will become an essential reference document for all those considering setting up or renewing gene banks, whether policy makers, NGOs, research institutes or private organisations. Hønneland, Geir and Lars Rowe Health as International Politics: Combating Communicable Diseases in the Baltic Sea Region. Aldershot & Burlington, VT, Ashgate, 2004. 150 p. In recent years, health has become a pressing issue in international politics - a development which has been reflected in the growth of academic literature on the subject. The emergence of new (and reemergence of old) infectious diseases since the early 1990s has attracted scholarly interest from various fields of investigation. At the same time, in a European context, the dramatic rise in tuberculosis and HIV/AIDS in some former East Bloc countries has caused particular concern. This timely work provides a detailed account of how the states around the Baltic Sea have met the challenge of communicable diseases and used health issues as an instrument in their foreign policy more widely. Geir Hønneland and Lars Rowe should be congratulated for producing such an insightful account of the challenges faced by the Task Force and how it responded to them. This book will be invaluable reading for anyone involved in international health projects, especially those involving the former Soviet Union. Professor Martin McKee, London School of Hygiene and Tropical Medicine, UK. Page 4 New Publications … CLIMATE POLITICS Andresen, Steinar, Jon Hovi and Tora Skodvin: ‘The persistence of the Kyoto Protocol: Why other Annex I countries move on without the US’. Global Environmental Politics, Vol 3, No 4, 2003, pp. 1-24. The United States, the world’s largest emitter of greenhouse gases, is not going to ratify the Kyoto Protocol (KP) in the foreseeable future. Yet most other countries have decided to remain on the Kyoto track. Four main explanations for this seeming puzzle are discussed. The first is that the other countries still think the KP will lead to substantial cuts in emissions and that this will outweigh the costs of implementation. Second, by implementing the treaty, parties hope that others will follow suit later on. Thirdly, EU climate institutions have created a momentum that has made it difficult to change course. Finally, the KP persistence may be linked to the ambition of the EU to stand forth as a leader in the game. While the two first explanations are discarded, the latter two seem more promising. Wei Lin, Gørild Heggelund, Kristian Tangen and Li Jun Feng: Efficient Implementation of the Clean Development Mechanism in China. FNI report 1/2004. Lysaker, FNI, 2004. 24 p. China at present ranks as the world’s second largest emitter of carbon dioxide (CO2) after the USA. Given its huge emissions of greenhouse gases and large potential for low-cost emission reductions, China is generally expected to become a major recipient of CDM funding. The current report has several purposes. First, the authors discuss how CDM is likely to be implemented in China, not least in terms of effectiveness measures. They go on to examine Chinese policies on and priorities for CDM as set forth in international negotiations and reflected in their CDM project system design. They survey recently deployed, internationally funded CDM projects and China’s capacity for identifying, approving and carrying out CDM projects. They describe as well China’s first CDM project, the Inner Mongolia Huitengxile Wind Farm Development Project, a project that was approved by the Dutch CERUPT in 2003. The report reviews project experiences and developments thus far. Finally, inasmuch as the report is a joint ERI/CREIA-FNI production, they look at developments in Norway’s climate policy and CDM potential. To summarize the conclusion, the authors note that China’s domestic CDM apparatus still awaits approval by the State Council, which may indicate waning Chinese interest for (or a wait-and-see attitude towards) CDM. At the same time, however, the authors expect that the several ongoing international projects with Chinese actors will gradually enhance CDM understanding in China. While CDM capacity is strong centrally in China, there is little knowledge or awareness of it in industrial quarters. The international projects will therefore be crucial to help bring knowledge to local stakeholders. The Inner Mongolia Huitengxile Wind Farm Development Project is one such example. China has gained valuable experience through its participation in the Dutch CDM program, and CDM information has been disseminated to stakeholders in China, especially industrial actors. The report sets out several recommendations concerning future Chinese and Norwegian government action. Hasselknippe, Henrik “Systems for carbon trading: an overview” Climate Policy Special Supplement on Defining and Trading Emission Targets, No 3, suppl 2, 2003, pp. 4357. This paper focuses on the increasing number of regional, national and international systems for trading and transfer of greenhouse gas emission allowances and emission reduction credits. The paper will serve as a platform for further discussions on the development of the international carbon trading market. The analysis builds on the International Emissions Trading Association (IETA) Trading Schemes Database, which has been developed by Point Carbon, covering all known trading schemes and programs. A full overview of all existing trading schemes and proposals is presented, showing inter alia the outreach and judicial nature of the systems, the range and nature of emission reduction or credit purchase targets, allocation methods used, links to external systems, and possibilities for the use of projectbased credits. A comparative assessment is performed on a number of design criteria, allowing for conclusions to be drawn on the level of harmonisation of these systems, and the identification of convergence or divergence of important operational features. The systems covered in the analysis display considerable variation when it comes to key design criteria and functionality. A rapid integration of many of the planned and active systems seems likely following the agreement on the EU emissions trading scheme, and will be further accelerated if the Kyoto Protocol is ratified. Page 5 New Publications … Tangen, Kristian, Atle C. Christiansen, Anders Skogen and Ian Roche Imperfect Implementation of the Kyoto Protocol. FNI report 5/2004. Lysaker, FNI, 2004. 44 p. The objective of this study is to analyse the economic consequences of different scenarios for the development of the carbon market established by the Kyoto Protocol. The report explores a number of scenarios and looks into what they will mean in terms of economic costs e.g. GDP loss, and the marginal costs, ‘the carbon price’, of meeting the Kyoto targets. In all scenarios, the economic consequences for the EU are less than for Canada and Japan. Measured in terms of GDP loss, Canada will be affected more than Japan. However, the economic consequences are less than estimated in many previous simulations under the assumption that the USA would be a party to the Kyoto Protocol. With the exception of the ‘no Trade’ scenario, the GDP loss is likely to be less than the normal uncertainty in GDPestimates. However, the relatively low costs reflect that Japan and Canada under the scenarios simulated, ensure compliance with their commitment targets by buying allowances and credits from abroad. As illustrated in the report, purchasing allowances and credits from abroad will normally entail far larger investments than domestic abatement measures. In essence, while the EU can very much rely on its internal market, Japan and Canada will in all scenarios have to rely on external market actors. The strong reliance on an external carbon market implies that Japan and Canada face risks that are less relevant in the EU context. Christiansen, Atle C. ‘The Role of Flexibility Mechanisms in EU Climate Strategy: Lessons Learned and Future Challenges?’ International Environmental Agreements: Politics, Law and Economics, Vol 4, 2004, pp. 27-46. The main objective of this article is to examine the evolution of European Union (EU) climate strategy, scrutinising in particular developments in EU’s view on the so-called flexibility or Kyoto mechanisms. In brief, the article argues that there has been a gradual change in EU’s views, from the role of a sceptic in the run-up to Kyoto towards becoming more of a frontrunner on emissions trading in recent years. The need to “save Kyoto” and the protracted development of EU climate policy are highlighted as two of the most important drivers behind this process of change. This article also discusses some of the lessons learned from international negotiations and the development of EU climate policy. Finally, drawing upon the lessons learned, the author explores the future challenges for the further development of EU climate policy. Hønneland, Geir Russian Fisheries Management The precautionary approach in theory and practice. Leiden and Boston, Martinus Nijhoff Publishers / Brill Academic Publishers, 2004. 210 p. This book is the first comprehensive introduction to Russian fisheries management in the Western literature. It sets out the basic principles and organisational structure underlying Russian fisheries management and describes associated processes and practices, such as quota allocation, technical regulation and enforcement of fishery legislation. The book focuses attention on fisheries management at the federal level and in Russia's northern fishery basin, the largest fishery region in European Russia. Problems such as institutional conflict, alleged corruption and incomplete legislation on fisheries are discussed, as are the assets of scientific and technical expertise found in the country's Soviet legacy. Throughout the book, the performance of the Russian system for fisheries management is evaluated in relation to the requirements of a precautionary approach to fisheries, as set out in contemporary international law. Page 6 New Publications … ENERGY POLITICS Heggelund, Gørild Environment and Resettlement Politics in China: The Three Gorges Project. Hampshire, Ashgate, 2004. 296 p. The Three Gorges dam, currently being constructed on the Yantgze River in China, is controversial both inside and outside China, particularly because of the large number of people to be resettled (officially 1.2 million) and the environmental impacts. Using material previously unavailable in any Western language, it analyses the Chinese discussions over policy-making for the resettlement process and impacts. It concludes that the environment and resettlement policies have been linked in a new way in this project. However, despite these positive developments, it argues that the social impacts from resettlement have not yet reached a high level of political attention and that the Chinese authorities need to acknowledge that resettlement has social costs. The book provides an understanding of the social, political and economic factors of one of the largest and most controversial development projects currently being implemented. It also sheds light on China’s policymaking procedures and political priorities over the past decade. Skjærseth, Jon Birger Kristian Tangen, Philip Swanson, Atle Christer Christiansen, Arild Moe and Leiv Lunde Limits to Corporate Social Responsibility: A Comparative Study of Four Major Oil Companies FNI report 7/2004. Lysaker, FNI, 2004. 26 p. Transnational enterprises, and the major oil companies in particular, have long suffered from a rather unpleasant public image. Since the mid-1990s, a growing number of studies have questioned whether oil industry investments are a force for good in developing countries. The main objective of this article is to examine and discuss the response of oil companies to this emerging and widening challenge to business, focusing on the four ‘majors’: ExxonMobil, Shell, BP, and TotalFinaElf. Drawing on business environmental management perspectives and theories of domestic politics, two key questions are addressed: How have companies dealt with calls for wider corporate social responsibility? What can explain differences in response between companies? In addition, we briefly discuss the dilemmas companies are facing defining the limits of their responsibility. The case studies indicate significant variations among the companies, particularly at the rhetorical level, but also in terms of what they do and how they do it. These differences can be explained by a combination of company-specific features and different home-base countries. Nevertheless, even the most ‘progressive’ companies run into difficulties in setting the borders or limits to corporate social responsibility, e.g. how companies should relate to interference in what has traditionally been seen as the domestic affairs of host countries. More specifically this involves transparent reporting, the so-called ‘paradox of plenty’ and investments/disinvestments in areas with poverty and unrest. Haufler, Virginia Corporate Intervention in Domestic Politics: Normative Change in the International Community FNI report 6/2004. Lysaker, FNI, 2004. 29 p. In the last decade, the private sector has increasingly come to be seen as both the source and solution for many of the cross-border problems that advocates of “global governance” seek to resolve. The international community now demands that corporations pay attention to the distribution of revenues from production, human rights protection, anti-corruption efforts, and other areas where preventive action might reduce the likelihood that foreign investment might create or exacerbate political and military conflict. This represents both an increased tolerance for intervention in the domestic sovereign affairs of state, and perhaps even the legitimation of foreign investor participation in host country politics. Three inter-related factors at the system level arguably provide the permissive environment in which new norms about corporate behavior emerged and strategies changed. First, widespread liberalization and openness to foreign investment was accompanied by increasing concerns about ‘good governance’ and the link between development and conflict. Second, the international community became more willing to consider intervention in the domestic affairs of states, especially in failed states. Finally, transnational activist coalitions strategically sought to press corporations for reform and to hold corporations accountable on a range of issues. These combined to facilitate increased openness to private sector involvement in domestic political affairs. FNI publications may be ordered from the Institute or downloaded from our web site. The Fridtjof Nansen Institute, P.O. Box 326, NO-1326 Lysaker, Norway. Tel . (47) 67 11 19 00. Email: post@fni.no Web site: www.fni.no Page 7 New Publications … Eikeland, Per Ove The Long and Winding Road to the Internal Energy Market - Consistencies and Inconsistencies in EU Policy FNI report 8/2004. Lysaker, FNI, 2004. 44 p. It has now been16 years since the European Commission in 1988 issued its first Green Paper on the implementation of the internal energy market, launching the ideal that free and fair competition should guide further EU energy market development. This report explores the impact of regulatory policies and potential insufficiencies of regulatory power at the EU level for the creation of an internal market where competition is free and fair. The EU is still far from achieving a completely free and fair energy market, partly due to asymmetric implementation by member states of internal energy market policies and partly due to lack of reconciliation of policy instruments at the EU level. EU competition policy does not seem to be fully reconciled with internal energy market policies. The disinclination to enforce competition rules has facilitated increasing market concentration, likely to aggravate barriers to free and fair competition in the Union. The Commission has neither managed to fully reconcile environmental and supply security policies with internal market policies. Instruments applied to reach environ-mental and energy security goals have often worked against the ideal of free and fair competition. Although the European Commission has noted successes in the process of opening up European energy markets to competition, lack of reconciliation entails that member states can still apply various forms of protective measures (strategic regulation) to shield their national industries from competitive pressure. EU energy policy inconsistencies reflect underlying interests of EU member states more than conditions at the EU centre. Member states have not been interested in handing over policy instruments to the EU executive that would have enabled it to iron out inconsistencies. The coordination and enforcement capacity of the European Commission is therefore limited. EUROPEAN AND EU ENVIRONMENTAL POLITICS Næss, Tom “The Effectiveness of the EU’s Ozone Policy” International Environmental Agreements: Politics, Law and Economics, Vol 4, No 1, 2004, pp. 47-63. Has the EU’s ozone policy been effective? In other words: What caused the 90 per cent phase-out of ozone depleting substances (ODS) within the EU? Was it due to an EU-wide regulatory approach, to national circumstances, or to the Montreal Protocol? As EU’s environmental policy has not been overly successful so far, it would interesting to know why ozone policy is an area where the EU and its Member States have reached targets effectively over a relatively short time. We suggest that the effectiveness of EU’s ozone policy is due to two factors that together secured this rapid phase-out. First, the ozone policy was enacted by means of an EU regulation – rather than by directives – which required all Member States and all larger ODS-generating corporations to implement a ban simultaneously. Second, with the US administration making a u-turn and the increased availability of ODS-substitute chemicals, Europe saw a political opportunity to speed up the phase-out process. A limited study of the phase-out of ODS in Spain supports this argument. While the EU’s ozone policy has been effective, its success owes much to particular economic and political circumstances associated with the issue of ozone depletion. MARINE AFFAIRS AND LAW OF THE SEA Hønneland, Geir Russian Fisheries Management. The Precautionary Approach in Theory and Practice. Leiden and Boston, Martinus Nijhoff Publishers / Brill Academic Publishers, 2004. 210 p. This book is the first comprehensive introduction to Russian fisheries management in the Western literature. It sets out the basic principles and organisational structure underlying Russian fisheries management and describes associated processes and practices, such as quota allocation, technical regulation and enforcement of fishery legislation. The book focuses attention on fisheries management at the federal level and in Russia’s northern fishery basin, which is the largest fishery region in European Russia. Problems such as institutional conflict, alleged corruption and incomplete legislation on fisheries are discussed, as are the assets of scientific and technical expertise found in the country’s Soviet legacy. Throughout the book, the performance of the Russian system for fisheries management is evaluated in relation to the requirements of a precautionary approach to fisheries, as set out in contemporary international law. Page 8 New Publications … Stokke, Olav Schram and Clare Coffey ‘Precaution, ICES and the Common Fisheries Policy: A study of regime interplay’. Marine Policy, Vol 28, No 2, 2004, pp. 117-126. Andresen, Steinar and Tora Skodvin: ‘Non-state influence in the International Whaling Commission 1970-1990’. Global Environmental Politics, Vol 3, No 4, 2003, pp. 61-87. . This article examines the interplay between the precautionary provisions in the global fisheries regime and problem-solving under (1) the International Council for the Exploration of the Sea and (2) the EU Common Fisheries Policy. The causal processes are partly ideational (learning-driven) and partly normative (commitments-driven). The effect is synergistic: the UN Fish Stocks Agreement strengthened the hand of those within ICES and EU fisheries bodies who favoured greater safety margins, long-term planning and preagreement on recovery plans for endangered stocks - without disrupting cooperative relations. There is some awareness among participants in source and target regimes of the fact of interaction and also preparedness to respond to it. Most studies on the influence of non-state actors in international politics is focussed on the international level. One main objective of this article is to develop a multi-level approach that allows analysis of non-state influence via the domestic level. This is discussed in relation to the International Whaling Commission (IWC) in the period 1970-1990, with a particular focus on the competition for influence between the scientific community and the environmental and animal rights movement. The analysis shows that the domestic level is equally or even more important than the international level. In this case the ‘environmentalists’ succeeded in mobilizing domestic public support particularly in the US, and had a key ally in the US government. The domestic role of this non-state actor was of key importance in the transformation of this regime in the 1970s and 1980s. While science played quite a significant role in the 1960s and early 1970s, later on it was side-tracked by the ‘environmentalists’. POLAR POLITICS AND LAW; NORWAY AND RUSSIA Hønneland, Geir and Lars Rowe Health as International Politics: Combating Communicable Diseases in the Baltic Sea Region. Aldershot & Burlington, VT, Ashgate, 2004. 150 p. In recent years, health has become a pressing issue in international politics - a development which has been reflected in the growth of academic literature on the subject. The emergence of new (and re-emergence of old) infectious diseases since the early 1990s has attracted scholarly interest from various fields of investigation. At the same time, in a European context, the dramatic rise in tuberculosis and HIV/AIDS in some former East Bloc countries has been a cause of particular concern. The book provides a detailed account of how the states around the Baltic Sea have met the challenge of new and re-emerging communicable diseases and used health issues as an instrument in their foreign policy more widely. A main conclusion is that the programme did not attract as much money as anticipated from the Western states around the Baltic Sea, but that the implementation of projects has generally been successful. Interestingly, the Task Force has not only created robust networks between East and West in the Baltic Sea area, but also between Russia and the Baltic states and among the Russian federal subjects. Jørgen Holten Jørgensen Svalbard og Fiskevernsonen: Russiske persepsjoner etter den kalde krigen. (Svalbard and the Fishery Protection Zone: Russian Perceptions After the Cold War.) FNI-rapport 13/2003. Lysaker, FNI, 2003. 79 p. In Norwegian. This report looks at Russian perceptions and interests at the Svalbard archipelago and in the Fishery Protection Zone. Starting with perestroika, the Soviet and later Russian settlements were suffering a reduction of activity and were partly dismantled. By the end of the 1990s, however, Russia once again started to allocate federal investments to the archipelago and is currently making efforts to open a new coal mine. At the same time, the Russians have been increasingly concerned about the Norwegian management of Svalbard and the Fishery Protection Zone. In April 2001, Norway for the first time ever arrested a Russian trawler in the Protection Zone, bringing it to port in Tromsø. Although the trawler undoubtedly had committed serious violations of the fishing regulations, Russia claimed that Norway had no right to arrest foreign citizens in a zone not recognised inter-nationally as being under Norwegian jurisdiction. A few months later, the Norwegian Parliament applied the Svalbard Environmental Protection Act, putting the Russian (and Norwegian) coal mining under question. Unsurprisingly, the Russian reactions were severe. The study asks what interests Russia has on Svalbard, and how the Russian perceptions come about. Arguably, while the fishery activities in the waters around Svalbard are important for the fishing industry in Northwest Russia, there is hardly any economic reason to continue the mining activity in Barentsburg. Neither should security issues play a significant role any longer. Norway, by ‘domesticating’ Svalbard, has given broad responsibilities to the sector ministries. The co-ordination of Svalbard politics under the Page 9 New Publications … control of the Ministry of Foreign Affairs has loosened, resulting in less attention to foreign actors. In Russia, which already is highly sceptical towards its rich western neighbours, a realist discourse of ‘us’ against ‘them’ is central. The Norwegian management of Svalbard and the Protection Zone has thus been seen by the Russian administration as an indirect means to press Russia out of the area. At the same time, various bureaucratic structures in Russia pursue their own interests in Svalbard affairs. In a rather effective way, they have managed to use the general discourse in their efforts to present any unresolved issue on Svalbard as a zero-sum game between nations. Hønneland, Geir, Jørgen Holten Jørgensen and Morten Bremer Mærli The environment of Barents Russia: Driving Forces and Key Actors. Project Barents Russia 2015 – Working Paper. Oslo, ECON Analysis, 2004, 36 p. The report examines past and current environmental conditions of Barents Russia with a particular focus on their significance for human health and industry. The larger part of the region is pristine wilderness. Pollution is mainly concentrated around the region’s major industrial areas, specifically the two nickel smelters on the Kola Peninsula and the Northern Fleet’s storage sites for radioactive waste and spent nuclear fuel. Since the early 1990s, industrial emissions from industry have been falling sharply throughout the region, generally owing to falling production levels and the introduction of cleaning facilities. The most important environmental threat in the region is the danger of accidents at nuclear installations, notably the Kola Nuclear Power Plant, and oil spills at sea from tankers. Russian environmental authorities have seen their influence seriously weakened since the mid-1990s. The federal body for environmental protection lost its ministerial status in 1996 and was disbanded altogether in 2000. In Barents Russia, the result was a sharp reduction in staff, resources and influence. Environmental NGOs are few in number and weak, and public environmental awareness low. Environmental conditions in Barents Russia are affected primarily by industry itself. It is becoming more important to put across an ‘environmentally friendly’ image, a trend that will probably continue to grow in significance in the foreseeable future. Foreign governments and international organizations have contributed significantly to reducing pollution and increasing nuclear safety. Globalization could persuade the highest political leadership in the country to find it expedient to pay greater attention to environmental concerns in the future. Moe, Arild Offshore Activities in the Russian Barents Sea. Project Barents Russia 2015 – Working Paper 10. Oslo, ECON Analysis, 204. 40 p. The purpose of this working paper is to review developments on the Russian continental shelf in the Barents Sea and discuss the driving forces. The paper starts with an overview of reserve estimates and then goes on to describe and evaluate the licensing process and regional capacities. It also presents the status of field developments. The main Russian actors are presented, and the possible role of foreign companies is discussed. At the end of the report main driving forces are summed up and three ‘proto-scenarios’ briefly presented The working paper is written as part of the scenario project “Barents Russia 2015”, subproject on the energy sector. Moe, Arild Oil Transportation through the Barents Sea. Project Barents Russia 2015 – Working Paper 11. Oslo, ECON Analysis, 2004. 11 p. Russian oil shipments through the Barents Sea have increased rapidly in recent years. The explanation for this development is the combination of increasing oil production, stagnant domestic consumption and bottlenecks in export pipelines. Russian oil companies have found it profitable to refine crude oil and transport the products on rail to ports along the White Sea. In addition, shipments of crude oil from Varandey and West Siberia will increase in the coming years, when start-up of offshore production is also likely. Plans for a trunk pipeline connecting fields in Western Siberia with a sea terminal in Murmansk surfaced in 2002. The pipeline is planned to have an initial capacity of 80 mill. tons per year, increasing to 120 mill. tons. The basic reasoning behind the pipeline is the same as for the rail-based exports. But whereas the increase in rail-based exports in the north was described as a certain trend, there are more uncertainties surrounding the Murmansk pipeline project. These uncertainties includes developments in Russian oil production, capacities of other infrastructure projects, and institutional conflicts as well as geopolitical considerations, which are all briefly discussed. Hønneland, Geir “Fish Discourse. Russia, Norway and the Northeast Arctic Cod”. The article argues that discourse analysis can help explain why Russian and Norwegian fishery authorities in the period 1999-2001 set quotas for the Northeast Arctic cod far above scientific recommendations. While the ‘sustainability discourse’ dominated on the Norwegian side - framing discussions in terms of the quotas being ‘sustainable’ or not - the Page 10 New Publications … Human Organization, Vol. 63, No 1, 2004, pp. 68-78. Russian discourse centered around the battle between the two nations involved. According to the ‘Cold Peace discourse’, Norway wants to reduce the quota to ensure competitive prices for cod on the world market or, alternatively, simply to ‘ruin Russia’. The ‘seafaring community discourse’ feeds on distrust on both sides of the border of scientific prognoses and serves to weaken the arguments of the ‘sustainability discourse’ and strengthen the conclusions of the ‘Cold Peace discourse’. The ‘pity-the-Russians discourse’ offers a way out of the deadlock: feeding on the Western perception of Russians as ‘poor’, the Norwegians are ready to set scientific recommendations aside on humanitarian grounds. Overarching discourses in society provided ‘windows of opportunity’ for the given outcomes. Notably, the ‘Cold Peace discourse’ made it possible for Russian shipowners to argue against a quota reduction, and the ‘pity-the-Russians discourse’ made it acceptable for the Norwegians to agree to Russian claims. Hønneland, Geir ‘Nuclear Safety Discourse in the European Arctic’. Polar Record, Vol 40, No 212, 2004, pp. 39-49. The article outlines discourses surrounding the emergence and implementation of the Norwegian Plan of Action for nuclear safety in Northwestern Russia. The launching of the Plan of Action was facilitated by the ‘Barents euphoria discourse’, which held optimistic views of a general ‘clean-up’ in Northwestern Russia by the help of infrastructure financed by the Nordic side, and the ‘nuclear disaster discourse’, hinging of the idea of a ‘ticking time bomb’ in Norway’s immediate vicinity to the east. The latter discourse clashes with the prevalent Russian ‘nuclear complex discourse’ whose main assumption is that issues of nuclear safety should be left to the experts, not to the general public. Criticism of the Plan of Action mounted around the turn of the century, eventually causing the Norwegian Ministry of Foreign Affairs to designate it as largely unsuccessful. The ‘environmental blackmail discourse’ took over in Norway, with its story line that ‘the Russians are taking advantage of us’. The ‘Cold Peace discourse’ in Russia has primarily served to obscure Norwegian motivations for the Russians. Gørild Heggelund Environment and Resettlement Politics in China. The Three Gorges Project Ashgate, 2004. 296 pages. The Three Gorges dam, currently being constructed on the Yantgze River in China, is controversial both inside and outside China, particularly because of the large number of people to be resettled (officially 1.2 million) and the environ-mental impacts. Using material previously unavailable in any Western language, it analyses the Chinese discussions over policy-making for the resettlement process and impacts. It concludes that the environment and resettlement policies have been linked in a new way in this project. However, despite these positive developments, it argues that the social impacts from resettlement have not yet reached a high level of political attention and that the Chinese authorities need to acknow-ledge that resettlement has social costs. The book provides an understanding of the social, political and economic factors of one of the largest and most controversial development projects currently being implemented. It also sheds light on China’s policy-making procedures and political priorities over the past decade. Reviews ‘… a must read for anyone seriously interested in the Sanxia project as well as providing useful information about recent changes in Chinese policy formulation.’ Dr Richard Louis Edmonds, University of London, UK Page 11 New Publications … YBICED available in new, 11th Edition The Yearbook of International Co-operation on Environment and Development (YBICED) is now available in its 2003-2004 edition. YBICED aims to demonstrate the international community’s position on specific environment and development problems, the main obstacles to effective international solutions, and how to overcome them. It assesses the achievements and the short-comings of international co-operation, and seeks to distinguish between rhetoric and reality. The Yearbook combines independent, high-quality analysis with updated reference material. The latter presents the facts, the former an informed evaluation of the results achieved through international collaboration within a particular agreement, organization, or process. ‘An invaluable source for everyone who needs to be up-to-date on international efforts to solve environmental challenges. Unique in its presentation of the interrelationships between treaties, IGOs, NGOs, and governments.’ Jonathan Lash, President, World Resources Institute (WRI) Current Issues and Key Themes 2003/2004 ♦ Franchising Global Governance: Making Sense of the Johannesburg Type II Partnerships (Dr Liliana B. Andonova and Marc A. Levy, Columbia University) ♦ Protecting the Baltic Sea: The Helsinki Convention and National Interests (Björn Hassler, Södertörn University College) ♦ FAO and the Management of Plant Genetic Resources (Regine Andersen, Fridtjof Nansen Institute) ♦ Analysing the ECE Water Convention: What Lessons for the Regional Management of Transboundary Water Resources? (Dr Patricia Wouters and Dr Sergei Vinogradov, University of Dundee) ♦ The External Environmental Policy of the European Union (Professor John Vogler, Keele University) ♦ Stemming the Tide: Third World Network and Global Governance (Graham K. Brown, University of Nottingham) Ordering information may be found at www.greenyearbook.org or www.earthscan.co.uk FNI Staff Peter Johan Schei, Director Arild Moe, Deputy Director Jon B. Skjærseth, Research Director Morten Sandnes, Head of Administration Research Staff Steinar Andresen, Sr. Research Fellow Helge O. Bergesen, Sr. Research Fellow – on leave Douglas Brubaker, Sr. Research Fellow Gørild Heggelund, Sr. Research Fellow Geir Hønneland, Sr. Research Fellow Kristin Rosendal, Sr. Research Fellow Olav Schram Stokke, Sr. Research Fellow Davor Vidas, Sr. Research Fellow Jørgen Wettestad, Sr. Research Fellow Regine Andersen, Research Fellow Per Ove Eikeland, Research Fellow Lars H. Gulbrandsen, Research Fellow Henrik Hasselknippe, Research Fellow Anne-Kristin Jørgensen, Research Fellow – on leave Lars Rowe, Research Fellow Morten Walløe Tvedt, Research Fellow Martin Bryde, Researcher Jørgen H. Jørgensen, Researcher Kristine Offerdal, Researcher Ingvild Sæverud, Researcher Page 12 Øystein B. Thommessen, Editor Ida Bjørkum, Research Assistant Elin Boasson, Research Assistant Ellen Kongshaug, Research Assistant Svanhild-Isabelle Batta Bjørnstad, Research Assistant Administration Kari Lorentzen, Librarian Ivar Liseter, Info-Systems Manager Maryanne Rygg, Adm. Secretary Rigmor Hiorth, Adm. Secretary Erling Hagen, Printing Manager Odd Bakken, Caretaker