Understanding the Framework: Convergence and Environmental Law in an International and Comparative Context

By: Lawrence Watters*

A book review of Protecting Our Environment: German Perspectives on a Global Challenge.

Georgetown International Environmental Law Review Fall 2001

Section: Vol. 14, No. 1; Pg. 161-178; ISSN: 10421858

*Visiting Professor, University of Lausanne (Winter Semester); University of Hannover (Spring Semester) 2000-2001.

Sustainable development is a world view that spans time, for just as our well-being now derives in part from the conditions in which we found the planet when we were born, so too will the well-being of generations yet to be born depend on our legacy.

-Klaus Toepfer, U.N. Environmental Programme1

Abstract:

Protecting Our Environment: German Perspectives on a Global Challenge, edited by Rudolf Dolzer and Josef Thesig, is reviewed.

Body:

I. Introduction

As international environmental law continues to develop, the complexity of the issues increases. While the existence of new conventions and instruments is one aspect of the complexity, the relationship between conventions and instruments and the extent to which they impact each other or overlap is also a factor. Another source of complexity is the manner in which international conventions and instruments affect the domestic law of states. Acquiring a strong background in the environmental framework of more than one state, sufficient to analyze its functions as well as its relationship to international conventions and instruments, is a challenging task. A third source of complexity arises when interpretatively analyzing the area of the environment in question. For example, an examination of biodiversity requires consideration of particular issues, each with their own ecological focus. Marine pollution, in contrast, has its own specific natural milieu. Moreover, for each element of the environment, there are endlessly difficult questions of policy, science, methodology and therefore, law.

Working in the field generally requires an eye on both the micro and the macro. The larger picture is essential. This is especially true because environmental law defies both basic patterns of conflict and "cause and effect" as those terms are typically used.2 at the same time, focusing on details is the only way to ensure an adequate understanding of the pertinent issues. This challenge, like that for the historian and perhaps even the archaeologist, involves the analysis of relationships where ambiguity and precision compete for dominance. As one commentator observed:

[i]nternational environmental law is so many-sided that a simple description of its status is impossible. The picture is in fact rather contradictory; in some respects dynamic and innovative; in other respects extremely cautious and conservative. On some issues there have been important achievements; on others a frustrating inertia and even setbacks.3

Because a scholarly publication that addresses both international environmental law and the domestic environmental law of one country is valuable, Protecting Our Environment is a significant book. The editors have wisely considered their audience and it is a wide one. The initial question-the level of sophistication necessary to appreciate the topics addressed-is resolved in favor of a judicious blend of expertise and accessibility. The result is a comfortable balance with a selection of articles that shift from the macro to the micro with ease. This follows from the background of the editors and contributors, all of whom work in environmental law and policy in Germany.

II. Framework and Organization

The book, divided into three areas, is well-organized. With so much ground to cover, the authors maintain their focus and concentrate on major themes. They present a thoughtful view of the forest and the trees in a style that is logical, well-informed and generally succinct. The first section addresses global topics under the heading "thematic issues of international policy." This includes climate protection, biodiversity, forests, the marine environment and land management.

The second section of the book deals with "structural themes of international environmental policy" and covers international environmental institutions, a worldwide concept of environmental protection, technological cooperation, legal principles, trade and obstacles to effective international environmental policy. The third section of the book analyzes the environmental law of Germany. This includes constitutional law, goals, principles of protection, ownership of property, air quality, protection of nature and landscape, water, refuse and chemicals.

The introduction is written by Klaus Toepfer, the current Executive Director of the U.N. Environmental Programme (UNEP) and formerly the minister of the environment in Germany from 1987-1994.4 He provides an overview of major issues while highlighting sustainable development, equity and especially linkage and integration. "Linkage" is the relationship between social, economic and environmental factors. "Integration" describes environmental policy-making based on a more comprehensive and clearly defined holistic approach. Mr. Toepfer offers insights into the role of government, business and industry and concludes with the objectives of UNEP Throughout the introduction, he emphasizes the importance of common interests. He urges cutting through the barriers of single-mission agencies and traditional bureaucracy to achieve cross-sectoral cooperation while marshalling resources to achieve specific goals.

This is an eloquent summary of the agenda for the earth by one well-equipped to provide it. The tasks seem overwhelming but Mr. Toepfer remains focused on addressing the issues at hand with pragmatic steps. For example, his description of the water crisis is a call for action. By the year 2025, it is estimated that one-third of the world will not have access to water for its needs.5 The battle for water may stimulate an era of instability so powerful that in addition to ethical, ecological and economic considerations, military conflict is increasingly possible, if not likely. This is not presented as another dire prediction, but rather as an artful description of the query for the next stage: will states cooperate with one another to achieve sustainable development and avoid apocalypse?6

III. International Environmental Issues

A. Conventions and Instruments

The reflective tenor of the book is further defined in the opening chapter on climate change. With a spare, clinical approach, Professor Rudolf Dolzer discusses the strengths and weaknesses of the Climate Change Convention,7 but particularly, the shared interests at stake:

[m]ore than before, future negotiations will have to be guided by the insight that the point at issue is not adding up the concerns of individual countries but protecting a shared interest in a matter which equally concerns all countries and which can be solved in a joint effort of all states, in the interest of present and future generations.8

The discussion of joint implementation, clean development and emissions trading is especially clear and offers a useful summary of the potential of the Kyoto Protocol, which was dramatically invigorated at the conference of the parties in Bonn, in July 2001. Negotiators from nearly 180 countries approved provisions for reduction in greenhouse gases with credit allowed for protection of forests which absorb carbon dioxide. In addition, countries that miss targets during the first commitment period from 2008 to 2012 must pledge more limits in the next period, with the equivalent of penalties plus interest.9 Unfortunately, the recent abrupt change of the new administration in the United States highlights its failure to participate and its dubious distinction of accounting for 25 percent or more of the greenhouse gases in the world.10

As James Speth11 has recently observed, however, the U.S. is still a party to the convention itself and is bound by the underlying obligations. Parties are required to: develop inventories of emissions by sources and removal by sinks; formulate a program to mitigate climate change and take climate change considerations into account, to the extent feasible, in relevant social, economic and environmental policies; and further, developed countries must facilitate the transfer of environmentally sound technology.12 Despite the binding nature of these treaty obligations, the reality remains that many countries, including the U.S., are largely oriented toward short-term political gain. Unfortunately, climate change, by its very nature, requires commitments that address the long-term. The tension between short- and long-term gain, a characteristic of international environmental issues in general, is especially pronounced with respect to climate change. There is growing cause for consternation in light of the difficulties of cooperation and leadership at the international level.

Biodiversity and the framework approach to convention-making is dealt with in the next chapter, which primarily focuses on the value of biodiversity from a scientific, genetic and economic standpoint.13 Sensitive areas are identified around the world and the demand for more conservation zones and nature preserves is effectively presented, but the limits of such an approach and the more complex dynamics of anthropocentric values remain for further discussion. 14

Forest protection is the subject of the next chapter. This includes a brief summary of the events leading up to the results of the Earth Summit, which unfortunately left forests languishing without the protection of a treaty. A discussion of the voluntary "principles," 15 the view of developing countries and sovereignty 16 also includes important implications for both the biodiversity convention and the climate change convention. The crucial links between the protection of forests and a host of related issues are discussed, along with productive efforts in Brazil and Costa Rica. The case is also made for renewed efforts to create an international forest convention. 17

The next chapter, which deals with the marine environment, is one of the most interesting. The evaluation of the Convention on the Law of the Sea (UNCLOS)18 addresses the structure and the notable achievements of the Convention19 while skillfully examining major defects including the self-defeating and anachronistic emphasis on maximum sustainable yield 20 and the lack of focus on sustainability.21 Professor Dolzer thoughtfully touches on the common objectives of the Conventions on Law of the Sea, Biodiversity and Climate Change.22 This convergence, with unique relationships and the potential for cooperation on one other.

The next chapter also focuses on protecting oceans but comes at the subject from a scientific perspective. Professor Roland Salchow uses a vast amount of data to effectively explain important global trends. The extent to which conventions and instruments are not actually implemented or enforced is also emphasized. On a more positive note, the utility of the Regional Seas Program is highlighted.

The last chapter in the first section is devoted to sustainable land management. A discussion of soil erosion, desertification and soil degradation leads into a review of local, regional and international efforts for land management, including specific suggestions for action with a concrete focus.23 At the same time, the links between the Convention to Combat Desertification24 and the Biodiversity and Climate Change Conventions are considered.

B. Structural Themes In International Environmental Policy

The second section of the book, structural themes in international environmental policy, includes some of the most difficult topics. The first chapter deals with international environmental institutions and their proliferation. The "organizational explosion" has even been compared with the much talked about "population explosion." The argument has been put forth that some of these overlapping agencies pose a challenge of "global governance."25 While worthy of an entire book itself, the discussion of the "alphabet soup" of agency functions is not reassuring. A remarkable and surprising weakness results from the diverse group of institutions, with separate agendas, budgets and cultures, addressing different yet similar missions. The potential influence of international environmental law, like international law in general, is diminished to the point where the apparent disarray seems almost endemic. As Professor Bugge has noted:

[t]he complexity of the present situation is striking. There are more than 150 international conventions, fragmented and partly overlapping, each with principles with slightly different wording, different decision-making bodies and procedures, and different enforcement and settlement mechanisms. Many of the conventions also have their own secretariat. The situation will be simply untenable with a further proliferation of international treaties[.]26

The next chapter, formulating and implementing international environmental protection, is penetrating. The author, Professor Dolzer again, takes up a compelling theme: "globalization as an expression of mutual dependence."27 The conflicting interests and divergent forces on one level and at the same time, common themes in international trade and environmental protection goals on another, provide the crucible for changing notions of sovereignty. Professor

Dolzer's blend of candor and expertise is refreshing; a mature vision is at work. Even so, perhaps the subject defies traditional notions of rationality. The nature and scope of the forces at work in globalization are not well-understood. Unfortunately, although one may question what globalization actually means, the examination of the relationship between globalization and international environmental protection remains in an embryonic stage. As Professor Dolzer indicates, it is "a first tentative attempt to deal with existing global environmental issues in legal terms."28

The study of technological cooperation in promoting sustainable development is followed by a section on legal principles in international environmental relations. The discussion of legal principles is broad, and a more specific context for implementing the principles would contribute to a more compelling discussion. For example, although reciting the thrust of the preventive principle,29 precautionary principle30 or polluter pays principle31 may be worthwhile, such abstract obligations, standing alone, do not often elucidate what the law is. The dichotomy between the "law on the books" and the "living law," as Professor Lawrence Friedman has dealt with in other contexts, is brought home here.32

The polluter pays principle is characterized as "unanimously recognized as a universal maxim of international environmental law" while "its concrete implications remain unclear."33 When examined in a case-specific context such as Chernobyl, however, the "maxims," if we can really use that term, are not as unanimously recognized as presented. Chernobyl, the largest nuclear disaster in history, which potentially affected millions of people, lead to funding for new nuclear plants-in this case, the polluter was handsomely rewarded.34

Similiarly, the precautionary principle is described as imposing "yet anotherobligation on states to take preventive action."35 The logic of precaution is undeniable but it is important to look beyond dogma to discover precisely what the principle means.36 For example, it is notable that both the International Court of Justice37 and the International

Tribunal for the Law of the Sea 38 have passed on the opportunity to clearly address the precautionary principle. It is thus necessary for us to spend more time in the "laboratory of the law" analyzing the properties of the "elements" with a view toward greater precision.39 The distinction between stating principles of law and understanding them is just as important in international environmental law as in other areas of law. For that reason, empirical research, specific conflicts, case studies and results are especially necessary tools. In this way, analysis moves beyond the realm of dogma to a more clearly identifiable perspective and in the end, to use the approach of Professor Friedman, what the law really is.40

The next chapter, which focuses on the environment and international trade, is one of the most poignant. The analysis of conflicts between the WTO and environmental interests provides a thoughtful summary of key issues.41 The discussion is clear and especially focused with respect to the Tuna/Dolphin and Shrimp/Turtle cases. Art. XX of GATT is skillfully dissected and in this view through the looking glass, both cases underscore larger points. The perspective is thoroughly balanced in the context of a realistic critique. Whether advocates for free trade would agree or not, this chapter goes right to the heart of the difficult issues: ". . . should we fail to protect our essential natural resources, economic growth will inevitably end after the last tree has been felled and the last river polluted. Environmental protection and economic development depend on and define one another."42 In that light, the conceptual weakness of the WTO is laid bare. Based on the results of the most recent decisions of the arbitration panels, the author concludes: "an organization dedicated to abolishing all trade barriers and promoting worldwide competition is hardly a suitable forum for judging the lawfulness of environmental-policy measures that affect free trade in goods and services."43

The debate regarding trade and the environment continues.44 In the meantime, the discussion provided here is helpful. The values at stake demand a paradigm shift and it is doubtful that the common interest in sustainable development in the long-term is subordinate to a narrow interpretation of economic gain in the short-term.

The next chapter considers structural obstacles to the formulation and implementation of effective international environmental policy. As the concluding portion of the book devoted to international environmental law, larger themes are reiterated and emphasized with the view that the results of the Earth Summit were "rather disenchanting and disappointing."45 The long-term nature of the problems, the commitments necessary to address them and aspects of globalization are also discussed.

IV. Domestic Environmental Issues In Germany

After this extended treatment of international environmental issues, Protecting Our Environment considers nine areas of environmental law in Germany. In this sense, it is really two books in one. This exposition of German domestic law is especially useful in light of the leading role Germany has played in the development of environmental law in Europe over the past thirty years. The discussion additionally includes an emphasis on technology-forcing constraints. The first chapter takes up the Constitution of Germany and evaluates the scope and meaning of Art. 20 A, the amendment dealing with the environment. A thoughtful commentary, this is particularly interesting from the vantage point of comparative environmental law. The amendment, adopted in 1994 by the Bundestag-Germany's federal legislature-reflects a compromise, providing that "pursuant to its responsibility for this and future generations, the State shall protect the natural basis of human existence by legislation within the framework of the Constitution, and by the exercise of its executive and judiciary powers within the framework of law and order."46 By elevating the importance of environmental protection, the amendment is a genuine contribution to the implementation of environmental law. At the same time, however, the amendment does not establish a basic environmental right.47 For that reason, the subtlety of the text is apparent. The duty of the state is identified and its importance in decision-making is manifest. The author's thesis is that the amendment provides a mandate for protection and precaution. Moreover, while not "ecocentric," the amendment impacts virtually all government decisions because environmental protection is recognized as a distinct value. He suggests the effect "is far more than a symbol, for it changes the entire system of constitutional balances ... both the Constitution and the constitutional process will acquire a certain ecological character."48 How the executive implements the amendment and how the judiciary interprets it will depend on a balancing of interests. At its core, the amendment contains an absolutist duty that has the potential for far-reaching influence over time.

The next chapter, "defining environmental goals," offers a judicious analysis of a complex set of issues, including the criticism made by some commentators that environmental law in Germany focuses on what is technically feasible at the expense of concrete "policy goals":49 "[r]ecently, more and more voices have been calling for a change in paradigm away from mostly emission and technology-based environmental policy towards an environmental policy that is rather more quality-oriented. These claims were fuelled especially by the evolving concept of sustainable development."50 The advocates for a new approach rely in part on the approach of the Netherlands, recent work related to regional and international conventions with quantitative targets for emission reduction and the conservation strategy formulated by the International Union for the Conservation of Nature (IUCN).51

The question of whether there is even actually a need for environmental goals is weighed:

[e]nvironmental goals are of particular importance in the field of conservation of nature which so far is without any instrument-based precautionary policy to provide basic protection. Both environmental quality and environmental action goals are instrumental in enhancing the transparency of environmental policy, widening time horizons to permit long-term strategies, and functioning as standards for setting priorities .... These goals serve to render environmental policy more rational.52

The author, Professor Eckard Rehbinder from the University of Frankfurt, whose work is frequently cited and relied on, has a multi-dimensional approach:

[e]ven so, one is left with a feeling of considerable uneasiness. Formulating sophisticated environmental quality goals together with pertinent environmental quality criteria is a process that still raises massive scientific difficulties .... Even where scientific knowledge is adequate, formulating environmental quality goals and especially environmental action goals remains a tricky and controversial business in the political process.53

The chapter on principles of protection traces the background and origin of precaution, causation, burden-sharing and cooperation. These principles form the basis of the system dating back to the early stage of environmental law in Germany beginning in 1971. Precaution focuses on emission controls and nature protection which are broadly interpreted to encompass sustainable development. The author candidly acknowledges "it is not clear what the substance of the precautionary principle is," but notwithstanding its ambiguity as a term,54 the principles of reducing risk in production and processing while protecting nature for future generations through planning are well-established. In addition to protection and sustainable development, the author extends the principle of precaution to the "cradle to grave" approach borrowed from the U.S. for selected hazardous substances55 and the prohibition on deterioration as a limit beneath which environmental protection must not fall.

The analysis of causation, once again based on the approach of the U.S., emphasizes the "polluter pays" principle, which mandates that the party responsible for pollution must pay the costs. Of course, the principle is not easily applied in the context of pollution with multiple causes. However, its central tenet that the environment is not free leads to commands to make avoiding polluting a fundamental priority, and as alternatives, to reduce and remove.

The discussion of the principle of burden-sharing focuses on the role of the state in using its funds drawn from the system of taxation to meet its responsibilities for environmental protection. This applies especially to the costs borne by society for particular kinds of adverse impacts like the decline of forests. The principle of cooperation contained in the Nature Conservation Act, the Recycling and Waste Management Act and the Water Control Act addresses a broader duty extending from procedures in rulemaking to resolution of conflicts.

The chapter on ownership of property considers traditional notions of individual liberty and the state's authority to impose restrictions for conservation, preservation and public safety.56 Nature does not have a legal identity of its own.57 The tension between individual rights and ecological integrity is explored"the ambivalence inherent in the right of ownership."58 The evolving view of the environment as a public asset is emphasized along with the necessity for environmental controls on land and its use.59 The compromise resulting in the utilization of the benefits of industrialization and accounting for the attendant environmental costs is considered6 with a recommendation for increasing emphasis on rewarding private property owners for advancing public interest goals.61 This inquiry comes very close to touching on the role of incentives and could benefit from more specificity with examples where incentives are actually used.

The section on air quality explains the statutory foundation by focusing mainly on the Federal Immission Control Act (FICA) (1974). The Act imposes comprehensive requirements which largely supplant legislation at the Land (or state) level.62 The Act is implemented with more specific rules (called ordinances) and administrative regulations which provide detailed technical direction to officials. The regulations are also especially important in court decisions. The status of the regulations is a matter of continuing concern since the European Court of Justice (ECJ) has questioned their validity.63 The ECJ has raised doubts as to whether they provide citizens with sufficient notice.64' Through the technical regulations, individuals may not receive adequate information about the exact scope of their obligations concerning emission control. At the moment, according to the author, it is not possible to estimate what consequences this ruling may have on the law of Germany.65 A variety of directives from the European Union, transformed into national law, form the basis for domestic emission control standards. A significant 1996 directive, for example, which uses an integrated approach to protecting air, water and land with a comprehensive permit process, requires the use of best available techniques and allows three years for implementation.

The chapter on nature, landscape and soil protection addresses the Nature Conservation Act. The statute provides a framework for land-use planning for purposes of protection and development, including conservation zones, natural areas and landscape as well as wildlife and biodiversity. Under the Conservation Act, regional plans for the entire Land and local plans are prepared and implemented. Such plans include text, a map and an explanation of the elements, usually adopted in a statute or ordinance. The Act imposes a ban on "avoidable encroachment" of nature.66 Where the impacts are unavoidable, those causing encroachment are obligated to pay compensation for protection measures. Special areas like wetlands, called biotopes, are subject to particularly strict regulation.67 Conservation areas, including national parks and sensitive natural areas, are further protected. The Conservation Act also provides measures for the protection of wildlife including threatened and endangered species. This encompasses provisions concerning damaging, destroying, owning and marketing in concert with an important EC directive from 1996.68 The Conservation Act is also implemented in concert with two other significant statutes: the Federal Forestry Act and the Federal Soil Protection Act.

The chapter on water examines the complex statutory picture which includes the Federal Water Management Act (1957), other federal and Land statutes as well as EC directives. The EC directives for water are both increasingly important and criticized for erroneously interpreting the content of national law in this context, similar to the situation regarding the directives on air quality.69 As one of the most complex sections of the book, this chapter provided an excellent overview of principles, uses, conditions and discharge requirements applied to water.

The chapter on refuse management deals with the Waste Disposal Act (1972), amended over time and particularly enlarged in 1986. The difficulty of defining waste in the statute follows years of efforts to struggle with its application as well as the process of incorporating EC directives. A new level of clarity is expected to emerge from this enormous task with primary emphasis on processes that avoid the creation of waste as much as possible, followed by its ultimate elimination. Producers (other than households) are responsible for disposal, which is a change in the law. At the same time, the collection process is privatized and thus a market has been established for disposal.

The chapter on chemicals discusses hazardous substances generally and focuses especially on: the Act On Protection Against Dangerous Substances

(Chemicals Act) (1980) (amended in 1990 and 1994),70 a number of other laws including the Water Management Act and Imission Control Act mentioned earlier, and EC directives (from the then existing EC Council) dating as far back as 1967.71 Specific substances are also the subjects of separate statutes including the Plant Protection Act, Pest Control Act, Fertilizer Act and the Transport of Dangerous Goods Act.

One is hard pressed to identify a more thoughtful work in environmental law that combines international environmental law and comparative environmental law in a single volume. Protecting Our Environment is both a significant contribution to the field in substance, methodology and style as well as a constructive agenda for questions of importance. The clinical, dispassionate tone of the articles is a model for analysis, avoiding the kind of advocacy that often constrains pragmatic discussion. In sum, the chapters on climate change, the marine environment, conflicts with trade and the environment, nature protection and water were especially notable but taken together, all the selections contribute to a fine mosaic. While legal scholarship often becomes pedantic and narrow in focus, Protecting Our Environment is the opposite, successfully presenting a larger picture in the process of combining major themes at the international and national level.

Are there elements to add to the topics presented? A separate section on European integration and environmental law, especially more analysis of the competence of the ECJ and the role of EC directives, would make an excellent feature. The topic is frequently mentioned and the time is ripe for an informed discussion of this complex, dynamic influence. Moreover, for other nations outside of Europe that grapple with the complexity of federalism (including the U.S., Canada and Australia) the issues have natural appeal well beyond comparative law at the academic level.72

In the section of the book on Germany, a chapter on the role of the courts and judicial review, especially with respect to the authority of the Constitutional Court, would enhance the discussion. An analysis of choice of policy instruments,73 in concert with a discussion of economics74 is equally welcome. A discussion of citizen participation and the role of NGOs would also add value. At the same time, the existing list of topics included-in a single, compact volume is ambitious enough and the editors ensured that there is more than enough substance within the limits of space.

Two of the principal authors, Professor Dolzer and Professor Breuer, are members of the law faculty at the University of Bonn. They have substantial experience working in the field for many years and are well known in Germany. In turn, their work is augmented by the selections from other faculty and practitioners who are familiar experts on the topics presented, particularly with the issues addressed in the environmental law of Germany.

V. Conclusion

The approach taken throughout the book is consistent with scholarship on both sides of the Atlantic and beyond. One interesting difference that comes as no surprise to comparative law scholars concerns the use of cases. The authors refer to several cases from time to time which reveal their importance, but the actual contents are not discussed extensively. In contrast to the Anglo-American tradition, the cases are noted, yet do not dominate the larger analysis. Equally interesting, the chapters focusing on the environmental law of Germany consciously track a series of governing principles as described above. These principles are used to provide a framework and unity of design. As one would expect in a continental system based on a civil code, the framework places special emphasis on the role of principles in statutes.75 In contrast, the Anglo-American approach to environmental law operates with a set of principles but the result is more predictably along the lines Justice Holmes had in mind where experience more than logic is often the driving force and cases create new opportunities for adaptation.76 In the end, the results of both approaches are similar in many ways but they rely on different traditions.

From another perspective, the sub-text Of Protecting Our Environment is, in many ways, "convergence." At the international level, through a growing number of conventions, instruments, institutions and actors, environmental law commonly reflects a shared perspective approaching a defined set of norms. While necessarily ambigous in many respects, there is a general, unifying perspective which leads to a consensus in some areas.77 For example, the Convention on Trade in Endangered Species (CITES) reflects widespread support for at least the framework for addressing trade and selected species.78 Of course, the opposite is true for trade and the environment on a broader scale because the community of nations has not yet reached a level of understanding that accommodates the competing interests of both even though new ways of looking at sustainable development underscore the interdependence of ecology and economics.79

Simultaneously, and in addition to the influence of international environmental law, convergence takes place at the regional and national level through the direct influence of institutions like the EC and the ECJ. 80 Yet it also occurs through the enactment of statutes where one country, in this case Germany, borrows from another, as it has done with the regulation of chemicals and waste through the "cradle to grave" regulation developed in the U.S. In the end, the similarities are often more pronounced than the differences as the process of convergence flourishes.

This is another reason why the authors have created a work much greater than the sum of its parts. Environmental law is a dynamic force in convergence and an important prism through which to examine the larger process of globalization.81 The international dialogue regarding globalization is well served by increasing the focus on common interests, including shared approaches to environmental law. By consciously working together to shape convergence, nations have the opportunity to influence each other and profoundly alter environmental law. Through cooperation, convergence raises the prospect for new realms of protection for the environment at the national, regional and international level.

Are nations capable of grasping the imperative for cooperation?82 Between the two poles of Adam Smith and "economic man" on one hand and, environmental zeal and "altruistic man" on the other, the search for harmony proceeds. Pragmatic considerations may yet contribute to bridging the gap. The task of translating the interdependence of globalization and sustainable development into implementation is the challenge at hand, and this book is a well-placed step in that direction.83