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Essay Subject: The roles of U.N.-approved international organizations in the creation and implementation of international agreements. Background, environmental issues. Dispute resolution in Japan.... More...

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Paper Abstract: The roles of U.N.-approved international organizations in the creation and implementation of international agreements. Background, environmental issues. Dispute resolution in Japan. Paper Introduction: INTRODUCTION A non-governmental organization (NGO), according to the U.N., is any international organization not established by intergovernmental agreement. To qualify for consultative status at the U.N., an NGO must be of service in the Economic and Social Council's field of interest, act in the spirit of the U.N., be non-profit and possess the means to implement its objectives.1 Non-governmental organizations play a key role by initiating programs of information and education and have indirect effects by mobilizing public opinion and furthering the ends of human rights advocates.2 Codes of conduct and uniform laws usually are prepared by nongovernmental, as well as international intergovernmental, organizations, and are aimed at universal or regional unification of substantive laws. Some of the laws Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. Defending the state: A skeptical look at"regulatory reform" in the eighties, 61 U. Futrell. 447. Teclaff and Teclaff. Restatement (Third) of Foreign Relations Law ? At a minimum, NGOs shouldbe given wider consultative status, with the right to make representationsand participate in the development of environmental standards.24ROLE OF NGOs IN DISPUTE RESOLUTION IN JAPAN The hallmark of dispute settlement in the international system is itsconsensual nature. Envtl. Instead, international commercialarbitration is the preferred form of dispute settlement. L. J. Modern Japanese conciliation is statute-based; it is an optionalmechanism for the settlement of civil disputes that can either be initiatedby one of the disputants prior to litigation, or by the court on receipt ofthe action. Rules and principles such as regular exchange ofinformation, prior notification of planned activities capable of damagingthe environment in a neighboring country, equal right of access to and non-discrimination between actual or potential victims of transfrontierpollution behind and across the frontiers, have been largely launched by"soft" instruments which are now explicitly cited and recalled as valuablematerials in the codification process.42 UN and Other Peacemaking opportunities and Capabilitiesimproved by: (a) enhancing and making greater use of UN dispute settlementmechanisms, most of which have been rarely if ever used (such as theGeneral Assembly's 1949 Panel for Inquiry and Consultation, a 195 PeaceObservation Commission, and a 1967 Register of Experts on Fact-Finding); (b) encouraging increased consent to mediation, conciliation,arbitration, and adjudication via (i) guarantees limiting the scope of the third-party judgment to the determination of the doctrines, principles, and rules that could guide the parties in approaching settlement; and (ii) greater use of technically non-binding advisory opinions; (c) increasing reliance on private persons and nongovernmentalorganizations (NGOS) as neutral intermediaries (thereby helping to avoidescalating arguments to full-scale inter-State disputes) (i) in pre-dispute consultations and in post-disputenegotiated settlements; and (ii) before international tribunals for the purpose ofclarifying a customary law norm or a clause in an international agreement;and (d) convening periodic regional conferences on security andcooperation similar to the one launched in Helsinki for Europe in 1975.43 Endnotes1Kronowitz, Lichtman, McSloy and Olsen, Toward consent and cooperation:Reconsidering the political status of indian nations, 22 Harv.C.R.-C.L.L.Rev. Treaty interpretation: The authority ofinterpretive communities, 21 Mich. at 395.19Id. (1986). 87. Asmall business division of MITI provides technical assistance to companiesnot participating in the designated pollution manager system.35 By makingthe key environmental decisions part of the investment decision process theJapanese have effectively integrated their development and economicpolicy.36 The development of pollution control technology is to the 199 s whatthe development of the automobile was to the 192 s and the computer to the195 s. 42 . J.Int'l L. Envtl. Aff. NGOs havetraditionally been handicapped in this regard by their lack of standingunder general international law. Zondorak. I.L.J. at 394.18Id. They represent the interests of people with particularconcerns. Governments and the state system are beingcircumvented by the establishment of international nongovernmentalorganizations. at 366.36Id.37Id. at 31.31Przeracki, "Working it out": A Japanese alternative to fighting it out,37 Clev. The Environment, Community and International Law, 3 Harv. Someobservers believe that MITI has the power that a combined Department ofCommerce, Department of Treasury, and Internal Revenue Service would havein the United States. 1 88 (199 ). 221. L. Environmental regulation statutes set forth the corporate communityminimum standards of environmental responsibility with which corporationsmust comply or face costly liability. (1989). Q. (199 ). Int'l L. Under traditionalinternational law, the state has the right to protect its own property, itspersons, and their property, and the obligation not to cause damage to theproperty or persons of other states. 465. J. 465, 52 (1989).39Kracke, Look to the sky: Atmospheric applications of international anddomestic law, 2 Int'l Legal Persp. Rev. 517. Disorder in relations between entities which haveformal status on this level, primarily the nation-state and certaininternational organizations, cannot be remedied unless all the partiesinvolved consent both to the implementation of the process of disputeresolution.25 Nonadjudicative methods of dispute resolution have been dominant inthe Japanese domestic system for centuries. The convention on long-range transboundary airpollution: Meeting the challenge of international cooperation, 3 Harv.Int'l L. & Bus. Burns. The United Nations environment programme: Anassessment, 2 Envtl. The mechanism is used as an alternative or a preliminary tolitigation. Rev. 235. (1991). A conceptual foundation for the reliance on extrajudicialdispute settlement is the traditional Japanese desire for group harmony,which itself stems from the influence of Confucian ethics in Japan. Integrating thoughtways: Re-opening of theenvironmental mind?, 1989 Wis. Rev. 149, 152 (1989).32Futrell, Future directions in clean air: Lessons from the Japaneseexperience, C661 ALI-ABA 361 (1991).33Id.34Id. Zagaris. Peters. Conciliation has played amajor role, although the structure of the conciliatory process has evolvedover the years. And they are actual internationalactors.2 The problem of transboundary pollution demonstrates how states havefailed to take effective international enforcement measures to protect theenvironment from degradation. 369 (1989).8Osterwoldt, Implementation and enforcement issues in the protection ofmigratory species two case studies: Waterfowl in North America, Seals inEurope, 29 Nat. (199 ). They arerepositories and developers of ideas. at 376.38Zagaris, Dollar diplomacy: International enforcement of money movementand related matters--a United States perspective, 22 Geo. Kracke. In attempting to fill this void, NGOs havebecome the environment's moral, if not legal, guardians. Gray. (1989). (199 ). Transnational corporations and developing publicinternational law, 1983. Rev. 1 77. This approach to corporate environmental responsibility ismarginally effective. Although conciliation services are availableat two Japanese institutions that offer commercial arbitration services,the Japan Commercial Arbitration Association and the Japan ShippingExchange, they are rarely used. (199 ). Some of the lawscontained in codes of conduct and uniform laws are adopted voluntarily bystates and form part of the national legal systems.3 On the other hand, proponents maintain that the rules ofinternational trade form an a-national legal system of merchants and peoplefrom the business world. However, in the contemporary Japanesedomestic arena where conciliation still retains an important place in civilaffairs generally, it does not appear to be the favored method ofcommercial dispute settlement. Int'l L. Dupuy. 5 7, 618 (1987).2Rubin, Economic and social human rights and the new internationaleconomic order, 1 Am.U.J. 217. 187. Not only are NGOs currently insulated fromthe international negotiating process, but, when the codes are implemented,it is likely that their participation will be limited to domestic forums.11 Certainly, due to the increasing international importance of NGOS,international law either has or will become relevant to their behavior.12The following example indicates why it is hazardous to make internationalrules for NGOs without their direct participation. MITI'sPollution Prevention Service Corporation makes loans up to 8 % of the costof pollution control. Institutional mechanisms are being erected toarrest the degradation of the environment and in some cases even improvethe quality of environmental life.27 A distinctive feature of the Asia-Pacific region is the emergence ofhigh level, special-purpose governmental agencies charged with theprotection of the state's natural environment and authorized generally tocarry out coordination, policy planning, regulatory, conservation andpromotion functions.28 Finally, an important component of the institutional framework in theAsia-Pacific region are the non-governmental organizations (NGOS) which,apart from generally promoting environmental awareness and raising publicconsciousness, have been instrumental in the formulation of nationalpolicies and laws as well as regional agreements.29 The statutory framework for environmental protection in the regionhas also been strengthened substantially, although the scope of therelevant legislation varies considerably from one country to another.Japan, however, boasts a comprehensive environmental legislation. L. (1989). Osterwoldt. 261. Following theprecedent set by the Vienna convention and the Montreal protocol thisconvention should emphasize the free exchange of technical informationamong Parties, support for research and monitoring of atmospheric pollutionand provide a framework for specific protocols addressing particularissues.39 The members should support the work of the Intergovernmental Panel onClimate Change as well as devoting resources to research and monitoringwithin the World Climate Program, the International Geosphere BiosphereProgram and the Human Response to Global Change Program. at 364.35Id. Rev. 463. Int'l L. Environmental laws and regulations force corporations to maintain aminimum level of environmental responsibility. 291. Wash. Int'l L.2 3. J. at 4 1.21Id. Rev. 149. Aff. (1986). at 412.22Id. (1983). Implementation and enforcement issues in theprotection of migratory species two case studies: Waterfowl in NorthAmerica, Seals in Europe, 29 Nat. Byeffectively excluding NGOs from the Deep Seabed negotiations, theinternational community limited its own access to relevant industryinformation, prevented many in the industry from developing anunderstanding of the interests of the participating nations and therealities of the negotiations, and allowed the NGOs to avoid committingthemselves to the conference's compromises. (199 -91). Envtl. 578, 591 (199 -91).27Mushkat, International environmental law in the Asia-Pacific region:Recent developments, 2 Cal. Weston. -C.L.L.Rev. Japan has, in addition to a Nature Conservation Law, a Basic Law forEnvironmental Pollution control which has served as an umbrella for theenactment of legislation such as the Law on the Settlement of EnvironmentalPollution disputes, the Law for Punishment of Crimes Related toEnvironmental Pollution which Adversely Affects the Health of Persons andthe Pollution Related Health Damage Compensation Law.3 The fundamental difference between Japanese and American approachesto the law lies in cultural heritage differences between the two countries. Van Dyke. Danilowicz. 2 3 (1989-9 ).28Id. (1987). Wash. (1989 9 ). Either a conciliation committee is struck, composed of a judgeand two or more court-appointed commissioners, or the judge alone may actas conciliator if thought appropriate. In 199 and beyond, NGOs and INGOs will need to cooperate with U.S.federal agencies and other actors (i.e., nation-states and internationalorganizations) to search for a proper legal framework which will facilitateinvestment and trade while providing sufficient regulatory mechanisms tocounter money laundering.38 Members of the United Nations and its Specialized Agencies, non-governmental organizations and relevant international bodies shouldinitiate the development of a comprehensive global convention as aframework for protocols on the protection of the atmosphere. 748 (1983).11Id. Colo. W. This severely limited theirparticipation. L. (199 ). Envtl. Nafziger and Jiafang. Fraenkel. Protecting the global atmosphere: Beyond theMontreal protocol, 14 Md. MITI sets goals for specific industries and givesdirection to Japan's industrial growth. Kindt and Menefee. Rev. 1 77. Sinclair. Rose-Ackerman. These loans are often phased in as part of plantmodernization so pollution control upgrading costs can be spread around. In many respects, such NGOs have come to be theprimary sources of expression for the international desire to protect theenvironment.16 One commentator has suggested that NGOs should be granted standing toenforce rights in the international arena by negotiating with states andappearing before international institutions and tribunals, thereby puttingNGOs on the same footing as sovereigns.17 The Declaration of the Haguerepresents one recent attempt to develop such an approach.18 International law has divided the world into some 16 nation statesand granted to each of them autonomy and sovereignty. The unwillingness of states to act asguardians of the environment does not mean that there has been a completelack of action on the basis of existing rules of internationalenvironmental law or that international law has been irrelevant.Additionally, nongovernmental organizations (NGOS) such as GreenpeaceInternational, Friends of the Earth, and World Wide Fund for Nature havebeen active for many years in identifying threats to the environment, inattempting to force governments to take measures to protect theenvironment, and in signaling breaches of existing internationalenvironmental regulations. at 76 .12Id. As the scope of liability under environmental laws expands, businessmanagers increasingly turn to environmental consultants to determinewhether company operations comply with federal and state statutorystandards. & Econ. More than 378, have been qualified.These positions are required in about 2 , designated factories.Continuous real time monitoring is in effect. Developments in international judicial assistanceand related matters, 18 Den. 21. Starting in 1971 MITI set up a national examination for pollutioncontrol managers and supervisors. L. An international approach to the greenhouseeffect: The problem of increased atmospheric carbon dioxide can beapproached by an innovative international agreement, 2 Cal. The variousinternational organizations should support alternative energy research andimplement ocean research, act to preserve temperate and tropical forests,and encourage LDCs to participate in global atmospheric research.4 At present, corporate environmental responsibility is compliance-oriented. A new face in corporate environmentalresponsibility: The Valdez principles, 18 B.C. Rubin. Int'l L. International regulation of the sale and use ofpesticides, 1 Nw. L. 619. and Polly 67, 82 (1986).3Danilowicz, The choice of applicable law in international arbitration, 9Hastings Int'l & Comp. CITES and the regulation of international trade inendangered species of flora: A critical appraisal, 8 Dick. Finally, NGOs advise international organizationswhen their interests are at stake and it is clear that they play a directrole in influencing national behavior on relevant international matters.15ROLE OF NGOs IN RESOLUTION ENVIRONMENTAL ISSUES The recognition by governments that environmental issues transcendnational boundaries has led to the realization that individual statescannot solve these problems. 5 7. 1 17. Future directions in clean air: Lessons from theJapanese experience, C661 ALI-ABA 361. 21. Int'l L.J. at 398-399.2 Id. 2 1. Int'l L.J. During the recent DeepSeabed negotiations at the Third United Nations Conference on the Law ofthe Sea (UNCLOS III), the exclusion of those NGOs involved in the deepseabed mining industry from direct participation in these negotiationsforced them to rely on national governments for representation. Goldberg. at 417.25Reif, Conciliation as a mechanism for the resolution of internationaleconomic and business disputes, 14 Fordham Int'l L.J. (1989). Resources J. If the international community later seeks to convert these rulesinto legal norms, NGO resistance will probably place costly strains on boththe rules and the entire international legal system.1 Because NGOs cannot represent themselves in most internationalorganizations, their activities have been limited to lobbying individualnation-state representatives. Rev. 457, 458 (1991).42Dupuy, Soft law and the international law of the environment, 12 Mich. Int'l L. (1989). L. Reif. Rev. 221. Aff. Rev. 457.----------------------- 23 Resources J. Int'l L. (1989). & Polly 339. The threat of civil andcriminal penalties, assessable against both the business entity and theindividuals in charge, is strong incentive to meet federal and statestandards for disclosure, processing, and disposal of hazardoussubstances.41 The codifying bodies consider "soft" law at the very least to be areliable indicator of actual trends in contemporary internationalenvironmental law-making. (1985). Shin. "Oh, I have slipped the surly bonds of earth":Multinational space, 78 Calif. The result after over ten years of negotiation is an accordthat fails to fully reflect the reality of deep seabed mining. 1 17, 1 28 (1989).9Id.1 Charney, Transnational corporations and developing public internationallaw, 1983 Duke L.J. Rev. 799. L. Wexler. Look to the sky: Atmospheric applications ofinternational and domestic law, 2 Int'l Legal Persp. W. The environmental cooperation agreement betweenMexico and the United States: A response to the pollution problems of theborderlands, 19 Cornell Int'l L.J. They have resources and they have members. 578 (199 -91).26Reif, Conciliation as a mechanism for the resolution of internationaleconomic and business disputes, 14 Fordham Int'l L.J. W. L. Duke L.J. Following a long period of relative indifference, environmentalissues now loom large on the political agenda of most countries in the Asia-Pacific region. at 24.29Id.3 Id. 21. These effects, in turn, havegiven NGOs free rein to apply pressure to undermine the negotiations andthereby to oppose their governments' adoption of the entire Third Law ofthe Sea Convention. J. Theytraditionally assist international organizations like the United Nations todevise new legislation and treaties for international cooperation incriminal and trade matters.6 Because NGOs are frequently more familiar with the culture and peoplethey are involved with, they are able to provide a link between the publicand the policymakers, the United Nations and the people it is meant toserve.7ROLE OF NON-GOVERNMENTAL ORGANIZATIONS (NGOS) Non-governmental organizations (NGOS) play a major role in filling agap in the awareness of people and cultures of the world. Kronowitz, Lichtman, McSloy and Olsen. 578. L. & Econ. Corporations are motivated to be responsible for the environmentto the extent necessary to avoid liability under laws such as theComprehensive Environmental Response Compensation and Liability Act(CERCLA), the federal securities laws and the Community Right-to-Know laws. Economic and social human rights and the newinternational economic order, 1 Am.U.J. St. Convention on international trade inendangered species: The role of public interest non-governmentalorganizations in ensuring the effective enforcement of the ivory trade ban,17 B.C. Soft law and the international law of theenvironment, 12 Mich. (199 ). Int'lL. Toward consent andcooperation: Reconsidering the political status of indian nations, 22Harv.C.R. (1986). Uram. W. (199 ). Zagaris. (1989). Through directcriticism or by drawing media attention, NGOs may inform governments of non-compliance and mobilize the public to exert pressure upon governments toconform with the law, stated policies, or widely accepted morality. Rev. 235 (1986).5Zagaris, Dollar diplomacy: International enforcement of money, movementand related matters--a United States Perspective, 22 Geo. Przeracki. Guruswamy. Pollution control equipment and services are in demand, creating apotentially lucrative market for Japanese companies --- as well as forAmericans.37CONCLUSION After decades of environmental policymaking with only limitedresults, it is now abundantly apparent in both the United States and otherindustrial nations and in the developing world that policy must move beyondattention to end-of-the-pipe controls to the underlying causes ofenvironmental degradation and risk. Dollar diplomacy: International enforcement ofmoney, movement and related matters--a United States perspective, 22 Geo.Wash. (1991). It hasalso been argued that a crucial historical factor that promotedextrajudicial dispute resolution was the discouragement of judicialsettlement during the premodern feudal society and the imposition ofalternative means, conciliation in particular. J. INTRODUCTION A non-governmental organization (NGO), according to the U.N., is anyinternational organization not established by intergovernmental agreement.To qualify for consultative status at the U.N., an NGO must be of servicein the Economic and Social Council's field of interest, act in the spiritof the U.N., be non-profit and possess the means to implement itsobjectives.1 Non-governmental organizations play a key role by initiating programsof information and education and have indirect effects by mobilizing publicopinion and furthering the ends of human rights advocates.2 Codes ofconduct and uniform laws usually are prepared by nongovernmental, as wellas international intergovernmental, organizations, and are aimed atuniversal or regional unification of substantive laws. Some principles of public international law have become sowidely accepted that they have been viewed as binding on the NGOs'international activities. Int'l L. (1987). & Econ. (1989-9 ). NGOs play a role in drafting,implementing, and updating regulations by providing expert advice andcriticism, often unsolicited but later appreciated by public authorities.But NGO contributions are hampered by bureaucratic secrecy, lack ofresources in personnel and funding, and an underestimation of their value.It has been submitted that if NGOs or individuals were to be granted clearrights to sue governments and individuals for non-compliance in nationalcourts or the European Court, the application of conservation conventionswould dramatically improve.8 The role of citizens and NGOs in generating shame and embarrassmentamong those government ministers and their "public servants," who have notensured that international obligations are adhered to, is thus crucial tothe future fulfillment of the objectives of an international conservationinstrument.9 Because NGOs represent major, independent centers of influence,failure to include them in the codes of conduct negotiations may result inrules that do not accurately reflect the realities of NGO interests andpower. Trends in international environmental law, 2 Cal. The Japanese approach is non-confrontational; the Americanapproach is confrontation.31 In Japan, the last several decades of industrial development havebeen the result of a unique government-business partnership --- led by theMinistry of International Trade and Industry --- that has fostered a uniqueethic: environmental protection is both a duty of business and a benefit toit. Chinese methods of resolvinginternational trade, investment, and maritime disputes, 23 WillametteL.Rev. J. 42 , 429 (1991).43Weston, Law and alternative security: Toward a nuclear weapons-freeworld, 75 Iowa L. J. As a result, Japan has the most effective air pollution control andenergy efficiency measures in the industrialized world. Int'lL. Conciliation as a mechanism for the resolution ofinternational economic and business disputes, 14 Fordham Int'l L.J. 371. International environmental law in the Asia-Pacific region: Recent developments, 2 Cal. 465, 52 (1989).6Id.7Weber, Famine aid to Africa: An international legal obligation, 15Brooklyn J. (1989-9 ). L. In theory, then,participation by NGOs and other power groups would make this rule-makingprocess more realistic and its ultimate product more acceptable to allparties.14 There is evidence that NGOs have had international legal personalityand have participated in the international legal system for some time.Examples of such participation include application of public internationallaw to contracts with state entities and participation in disputesettlement forums established either by treaty or intergovernmentalorganizations. Weber. & Trade 1. References Bryk. Thus, if UNCLOS III participants wanted to develop aneffective international agreement at an early date they hurt their chancesby excluding interested NGOs from direct participation.13 Precluding NGO participation in the law-making process not onlyimpairs the opportunity to effectively implement the rules, it also lessensthe chances of maintaining their long-term viability. (199 ). The process is mediatory in natureas the committee encourages the disputants to reach a compromise agreementthemselves, but the conciliatory aspect is present since the committee mayput forward its own suggestions. (1991). However, many environmental issues donot fit easily into a legal framework revolving around territory, the stateand state property.19 There exists an inchoate desire among non-state actors forenvironmental protection. Int'l L.J. L. Charney. (1991). J. (199 ). Int'l L. To a large extent the change ofconsciousness and attitude toward international human rights has been dueto the pioneering activities of non-governmental organizations.23 New treaties and intergovernmental agencies which deal with theenvironment could be rendered more effective by establishing a formal legalrole for NGOs as "guardians" of the environment. These causes are closely tied to thedemands of societies for energy---and, even more specifically, to theexternalities of production, use, and waste of energy. Global warming: Integrating United States andinternational law, 32 Ariz. Even though NGOS are not endowed withinternational legal personality, many NGOs have legal personality innational law, a prerequisite to the grant of personality and status ininternational law.21 Some NGOs have been granted observer of consultative status incertain international institutions, a recognition of their legitimateinterest in certain fields of international affairs. 21, 53 (1989).4 Id.41Zondorak, A new face in corporate environmental responsibility: TheValdez principles, 18 B.C. The Japanese approach emphasizes the maintenance of societal harmony. Nanda. J. Rev. 275. (199 ). L. 369. Rev. 235 (1986).4Danilowicz, The choice of applicable law in international arbitration, 9Hastings Int'l & Comp. Efforts to prevent misuse of pesticides exportedto Developing Countries: Progressing beyond regulation and notification, 12Ecology L.Q. Sands and Bedecarre. (199 ). Government officials, opinion-leaders, relevant interestgroups, the media and occasionally the public at large address themselvesto environmental concerns. Rev. 1375. (1989). at 761.13Id. Businessrepresentatives who wanted to participate in the negotiations had to beassociated with a government delegation. 1987). The state owes aduty to its citizens and to neighboring states which may be harmed by itsactivities, but not to international society as a whole. (1991). Int'l L. I.L.J.393, 394 (1989).17Id. International control of cross-mediapollution--an ecosystem approach, 27 Nat. J. The system in practice startlesAmerican businessmen because of the extraordinary intrusiveness into localand everyday business operations.33 MITI and other government agencies set up an extensive system forspecial counseling and guidance first on environmental and then on energyaffairs. J. Law and alternative security: Toward a nuclearweapons-free world, 75 Iowa L. Others argue that the wide application of the non-national rules in international arbitration sufficiently demonstrates thatsuch practice is commonly accepted.4 Non-governmental organizations (NGOS) have traditionally influencedcongressional actions on international investment issues.5 International non-governmental organizations (INGOs), such as theAssociation Internationale de Droit Penal, have existed for decades. Working it out: A Japanese alternative tofighting it out, 37 Clev. 748. at 762.14Id.15Id.16Sands, The Environment, community and international law, 3 Harv. Theimportant role of NGOs in implementing conventions was recognized byofficials from government and inter-governmental as well as non-governmental organizations at hearings "on the state of legislation onconservation in the European Community," convened by the EnvironmentCommittee of the European Parliament. Mushkat. TheAmerican approach stresses the maximization of individual rights andbenefits. The choice of applicable law in internationalarbitration, 9 Hastings Int'l & Comp. (1989). at 416.24Id. at 415-416.23Id. 46 . Int'l L.J.67. The Montreal protocol and recent developments toprotect the ozone layer, 15 Harv. Famine aid to Africa: An international legalobligation, 15 Brooklyn J. Its record inenergy efficiency bears close study and demonstrates that energy efficiencyand economic growth can have a positive correlation.32 MITI is the prime mover in Japanese environmental affairs. Sands. The United States and Japan in relation to theresources, the environment, and the people of the Pacific island region, 16Ecology L. The vexing problem of ozone depletion ininternational environmental law and policy, 24 Tex. L. Int'l L. 393. St. Johnstone. As NGOs become moreambitious, they may attempt to litigate breaches of environmentalstandards, either in national courts or perhaps before internationaltribunals.22 While a distinction might be drawn between environmental rights whichare collective, and human rights, which under the current regime arecharacterized as individual, it is not farfetched to consider the right toa healthy environment as a human right. Instead, the more informal compromisesettlement by the parties through amicable discussions is the preferredroute.26 Similarly, conciliation is rarely used as a mechanism for thesettlement of disputes arising out of international business transactionsinvolving a Japanese entity. Int'l L. and Polly 67. Local pollution controlofficials simply telephone the factory manager and tell him to abate.34 MITI carries a big stick but it also waves a juicy carrot. Guruswamy. 1 25. Resources J. 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