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

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Cardesa-Salzmann, Antonio (2012) Constitutionalising secondary rules in global environmental regimes : non-compliance procedures and the enforcement of multilateral environmental agreements. Journal of Environmental Law, 24 (1). pp. 103-132. ISSN 0952-8873 (https://doi.org/10.1093/jel/eqr022)

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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.

ORCID iDs

Cardesa-Salzmann, Antonio ORCID logoORCID: https://orcid.org/0000-0001-9472-7443;
  • Item type:Article
    ID code:59231
    Dates:
    Date
    Event
    31 March 2012
    Published
    29 September 2011
    Published Online
    Notes: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.
    Subjects:Law
    Department:Faculty of Humanities and Social Sciences (HaSS) > Strathclyde Law School > Law
    Depositing user: Pure Administrator
    Date deposited:21 Dec 2016 11:26
    Last modified:11 Nov 2024 11:35
    Related URLs:
    URI:https://strathprints.strath.ac.uk/id/eprint/59231
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