Activities per year
Abstract
Due to its remarkable success, the model of the Montreal Protocol's non-compliance procedure (NCP) has been adopted in other environmental regimes, whose primary norms differ considerably. Hence, this article distinguishes different types of global environmental regimes and assesses the performance of NCPs therein as endogenous enforcement mechanisms. In fact, the reciprocal nature of the main conventional obligations in some more recent environmental regimes seems to hamper the effectiveness of compliance procedures. On this basis, the article puts forward some tentative considerations from a constitutional perspective. Drawing from the experience gained under environmental regimes in the region of the United Nations Economic Commission for Europe (UNECE), it explores the feasibility of transplanting some aspects of the model of the Aarhus Convention NCP into the more complex global context. Further, it reflects upon the potential of enhancing synergies between NCPs and national and international judiciaries as a step towards the consolidation of international public law in this area.
Original language | English |
---|---|
Pages (from-to) | 103-132 |
Number of pages | 29 |
Journal | Journal of Environmental Law |
Volume | 24 |
Issue number | 1 |
Early online date | 29 Sep 2011 |
DOIs | |
Publication status | Published - 31 Mar 2012 |
Keywords
- constitutionalism
- dispute settlement
- global environmental regimes
- international environmental law
- managerialism
- non-compliance procedures
Activities
- 1 Oral presentation
-
Non-Compliance Procedures in Multilateral Environmental Agreements: Weaknesses' Diagnosis & Therapy
Antonio Cardesa-Salzmann (Speaker)
3 Sep 2010Activity: Talk or presentation types › Oral presentation