{"title":"迷失在翻译中?为什么过时的国际法规范观念解释了德国未能实施1971年拉姆萨尔公约","authors":"C. Bury","doi":"10.1080/13880292.2023.2237281","DOIUrl":null,"url":null,"abstract":"Abstract Wetlands are disappearing faster than any other ecosystem. Germany has one of the world’s highest rates of wetland losses. From a legal perspective, the significant extent of these degradations since 1976 is symptomatic of the inadequate incorporation of the Ramsar Convention into the German legal system. This article argues that the actual assessment of the requirement of a transformative act for the domestic applicability and enforceability of an international treaty is based not only on constitutional criteria, but also on a normative understanding that responsible government agencies have of a particular treaty at any given point in time. This article addresses the impact of persisting traditional notions of normativity under international law on the currently limited application and enforceability of the Ramsar Convention in Germany. Ultimately, the article contends that there is an urgent need for parliament to become involved in implementing the Ramsar Convention, not least to restore credibility when reminding other states about the treaty’s importance.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Lost in Translation? Why Outdated Notions of Normativity in International Law Explain Germany’s Failure to Give Effect to the Ramsar Convention of 1971\",\"authors\":\"C. Bury\",\"doi\":\"10.1080/13880292.2023.2237281\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract Wetlands are disappearing faster than any other ecosystem. Germany has one of the world’s highest rates of wetland losses. From a legal perspective, the significant extent of these degradations since 1976 is symptomatic of the inadequate incorporation of the Ramsar Convention into the German legal system. This article argues that the actual assessment of the requirement of a transformative act for the domestic applicability and enforceability of an international treaty is based not only on constitutional criteria, but also on a normative understanding that responsible government agencies have of a particular treaty at any given point in time. This article addresses the impact of persisting traditional notions of normativity under international law on the currently limited application and enforceability of the Ramsar Convention in Germany. Ultimately, the article contends that there is an urgent need for parliament to become involved in implementing the Ramsar Convention, not least to restore credibility when reminding other states about the treaty’s importance.\",\"PeriodicalId\":52446,\"journal\":{\"name\":\"Journal of International Wildlife Law and Policy\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-04-03\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of International Wildlife Law and Policy\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/13880292.2023.2237281\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of International Wildlife Law and Policy","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/13880292.2023.2237281","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
Lost in Translation? Why Outdated Notions of Normativity in International Law Explain Germany’s Failure to Give Effect to the Ramsar Convention of 1971
Abstract Wetlands are disappearing faster than any other ecosystem. Germany has one of the world’s highest rates of wetland losses. From a legal perspective, the significant extent of these degradations since 1976 is symptomatic of the inadequate incorporation of the Ramsar Convention into the German legal system. This article argues that the actual assessment of the requirement of a transformative act for the domestic applicability and enforceability of an international treaty is based not only on constitutional criteria, but also on a normative understanding that responsible government agencies have of a particular treaty at any given point in time. This article addresses the impact of persisting traditional notions of normativity under international law on the currently limited application and enforceability of the Ramsar Convention in Germany. Ultimately, the article contends that there is an urgent need for parliament to become involved in implementing the Ramsar Convention, not least to restore credibility when reminding other states about the treaty’s importance.
期刊介绍:
Drawing upon the findings from island biogeography studies, Norman Myers estimates that we are losing between 50-200 species per day, a rate 120,000 times greater than the background rate during prehistoric times. Worse still, the rate is accelerating rapidly. By the year 2000, we may have lost over one million species, counting back from three centuries ago when this trend began. By the middle of the next century, as many as one half of all species may face extinction. Moreover, our rapid destruction of critical ecosystems, such as tropical coral reefs, wetlands, estuaries, and rainforests may seriously impair species" regeneration, a process that has taken several million years after mass extinctions in the past.