Yearbook of International Environmental Law - Vol. 7

By Günther Handl; Jutta Brunnée et al. | Go to book overview

shut-down offshore installations. It favors disposal of offshore installations on land, and dumping should be considered only for those components of installations that are clean and free of any pollutants ( Umwelt 7-8/ 1996, p. 245).


(5) Court Decisions

A federal government report on 20 years of implementation of the Convention on the Illegal Trade in Endangered Species in Germany gives an overview of German practice under the Washington Agreement, including statistics of court decisions concerning the matter (see Umwelt 7-8/ 1996, p. 224, presenting the full report). A recent important decision of the German Federal Court of Justice upheld the criminal law provisions in European and German species protection law concerning trade in live and non-live animals of species threatened by extinction. The provisions had been challenged on the grounds that they were too broad and thus violated the principles of democracy and clarity of rules (Decision of 16 August 1996, Neue Juristische Wochenschrift 1996, Issue 45, p. X).

Lothar Gündling


C. PORTUGAL

(1) Multilateral Treaties

In 1996, Portugal was preparing to ratify the UN Convention on the Law of the Sea (UNCLOS) and the 1994 Agreement on the Implementation of Part XI of UNCLOS. Ratification of UNCLOS is of the essence as regards Portugal's maritime borders as there are no bilateral delimitation agreements in existence between Portugal and Spain or Morocco.


(2) Bilateral Environmental Legal Issues

In 1996, negotiations between Portugal and Spain led to a proposal by Portugal for an international convention on cooperation for the protection and equitable use of Portuguese and Spanish international waterways. The proposed convention would apply to all activities, structures, or substances that cause a transboundary effect. It would incorporate many of the principles and objectives set out in the 1991 Espoo Convention and the 1992 Helsinki Convention, such as minimum guaranteed flows (ecological flows), exchange of information, the right to consultation on activities with transboundary impact, water quality standards, and application of the precautionary principle. The institutional mechanism would be centered on a Portuguese-Spanish Commission with regulatory and supervisory powers. The proposal and the Spanish reply thereto are of major significance to the resolution of the bilateral dispute over the Spanish Hydrological Plan, which

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