Non-compliance procedures in multilateral environmental agreements : weaknesses' diagnosis and therapy

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Cardesa-Salzmann, Antonio (2010) Non-compliance procedures in multilateral environmental agreements : weaknesses' diagnosis and therapy. In: 4th Biennial Conference of the European Society of International Law, 2010-09-02 - 2010-09-04, Lauterpacht Centre of International Law.

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Abstract

The paper focuses on the suitability of the Montreal Protocol’s non-compliance procedure (hereinafter, NCP) as a model of mechanism to ensure compliance with and enforcement of global Multilateral Environmental Agreements (hereinafter, MEAs). It aims to elucidate the conditions under which NCPs have proven most effective from those under which they show significant flaws. To this end, different sets of regimes are distinguished according to their underlying regulatory approaches and, thus, the characteristic features of the conventional obligations. It is submitted that these features determine the functionality of NCPs as regime-specific enforcement mechanisms. The NCPs’ performance is appraised in the various regimes, in order to establish a diagnosis of their main weaknesses, and forward proposals for a therapy to enhance their functionality.

ORCID iDs

Cardesa-Salzmann, Antonio ORCID logoORCID: https://orcid.org/0000-0001-9472-7443;
CORE (COnnecting REpositories)