Constitutionalising secondary rules in global environmental regimes: non-compliance procedures and the enforcement of multilateral environmental agreements

Research output: Contribution to journalArticle

11 Citations (Scopus)

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.
LanguageEnglish
Pages103-132
Number of pages29
JournalJournal of Environmental Law
Volume24
Issue number1
Early online date29 Sep 2011
DOIs
Publication statusPublished - 31 Mar 2012

Fingerprint

Montreal Protocol
United Nations
compliance
consolidation
public law
synergy
international law
obligation
UNO
economics
performance
enforcement
experience
norm
public international law
Europe
convention

Keywords

  • constitutionalism
  • dispute settlement
  • global environmental regimes
  • international environmental law
  • managerialism
  • non-compliance procedures

Cite this

@article{1618594538e349d49076570532b08dfa,
title = "Constitutionalising secondary rules in global environmental regimes: non-compliance procedures and the enforcement of multilateral environmental agreements",
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.",
keywords = "constitutionalism, dispute settlement, global environmental regimes, international environmental law, managerialism, non-compliance procedures",
author = "Antonio Cardesa-Salzmann",
note = "This is a pre-copyedited, author-produced version of an article accepted for publication in Journal of Environmental Law following peer review. The version of record, Cardesa-Salzmann A. Constitutionalising secondary rules in global environmental regimes: non-compliance procedures and the enforcement of multilateral environmental agreements. Journal of Environmental Law. 2012 Mar 31;24(1):103-132, is available online at http://dx.doi.org/10.1093/jel/eqr022.",
year = "2012",
month = "3",
day = "31",
doi = "10.1093/jel/eqr022",
language = "English",
volume = "24",
pages = "103--132",
journal = "Journal of Environmental Law",
issn = "0952-8873",
number = "1",

}

TY - JOUR

T1 - Constitutionalising secondary rules in global environmental regimes

T2 - Journal of Environmental Law

AU - Cardesa-Salzmann, Antonio

N1 - This is a pre-copyedited, author-produced version of an article accepted for publication in Journal of Environmental Law following peer review. The version of record, Cardesa-Salzmann A. Constitutionalising secondary rules in global environmental regimes: non-compliance procedures and the enforcement of multilateral environmental agreements. Journal of Environmental Law. 2012 Mar 31;24(1):103-132, is available online at http://dx.doi.org/10.1093/jel/eqr022.

PY - 2012/3/31

Y1 - 2012/3/31

N2 - 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.

AB - 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.

KW - constitutionalism

KW - dispute settlement

KW - global environmental regimes

KW - international environmental law

KW - managerialism

KW - non-compliance procedures

UR - https://academic.oup.com/jel

U2 - 10.1093/jel/eqr022

DO - 10.1093/jel/eqr022

M3 - Article

VL - 24

SP - 103

EP - 132

JO - Journal of Environmental Law

JF - Journal of Environmental Law

SN - 0952-8873

IS - 1

ER -