Research On Compliance Mechanism Of International Environmental Treaties

Along with the global economy development, brought the climate to change warm, the ozone layer destruction and so on a series of international environment question worsening, has aroused international society’s widespread interest, also enabled the international environment law to have the development which progressed by leaps and bounds. Through international society’s unremitting endeavor, already has signed until now more than260global or the regional international environment treaty. The more and more many international environment treaty is formulated, if the various countries do not go to observe effectively, then can cause these treaties to exist in name only, creates the international environment the further worsening, therefore, how observes the international environment treaty to become the most important subject which the international society must give to solve.Based on the characteristics of the international environmental issues, the International Commission of Jurists in-depth study of international environmental treaties, the Parties to ensure compliance with treaty obligations, one devoted to the promotion of international environmental treaties to comply with the new mechanism--the international environmental treaty compliance mechanism with the to be shipped out. Compliance Mechanism of International Environmental Treaties under the framework of international environmental treaties, to promote compliance by the Parties as well as between the Parties with the Treaty equipped with inter-agency cooperation, enhance the Parties’ ability to perform a treaty, and processing of non-compliance about things way to avoid disputes new compliance assurance procedures and mechanisms.Compliance mechanism of International Environmental Treaties to promote a useful exploration of the treaty compliance system, in compliance with international environmental treaty rights and obligations of non-relative features, also take into account the environmental damage is difficult to be attributed, characteristics that are difficult to restore the traditional performance security system new development, but also played a positive reference to compliance with the other international treaties. According to the Compliance mechanism of International Environmental Treaties can be used to assist, a series of measures such as warnings or punishment to urge all Parties to comply with the obligations of international environmental treaties, to ensure the smooth implementation of international environmental treaties, thus completing the task of the Treaty purposes.This article is divided into four sections on Compliance mechanism of International Environmental Treaties for the analysis, especially on China’s response to a profound analysis of Compliance mechanism of International Environmental TreatiesThe first part is an overview for Compliance mechanism of International Environmental Treaties as a whole, compared with the "compliance" related concepts as well as on the compliance mechanism to be defined. Research on history of Compliance mechanism of International Environmental Treaties, to its emergence and development process is based on analysis of the necessity of Compliance mechanism of International Environmental Treaties, elaborated on theoretical foundation of Compliance mechanism of International Environmental Treaties.The second part is the international environment treaty obeys approximately the mechanism concrete practice research. Selected "the Montreal Protocol" to obey the mechanism,"the Barthel Joint pledge" obeys the mechanism approximately,"Biological Security Protocol" obeys the mechanism approximately,"the Kyoto Protocol" obeys the mechanism to conduct the research approximately. Most has the typical international environment treaty in view of these four to obey machine-made approximately, separately to respectively obeys approximately organization establishment to carry on the analysis with the mechanism movement way, thus achieves to the international environment treaty obeys the approximately machine-made evaluation. The international environment treaty obeyed approximately the mechanism to adapt the international environment treaty new characteristic, emphasized enhanced the signatory state through the primitive measure to honor an agreement ability, also was to a certain extent advantageous in does not obey approximately the question solution, and had supplemented powerfully the international environment treaty conflict solved the system deficiency. But, the international environment treaty also in the unceasing development consummation, we also should objective regard it after all, appears some deficiencies truly in certain aspects. For instance obeys approximately the mechanism and the traditional conflict solves the mechanism legal relationship not to be clear about, to obey the voluntary stipulation too to be approximately fuzzy, the punishment measure too weakly and so on, all needs we to carry on studies thoroughly, proposed solves these question feasible suggestion.The third part is to research the Compliance mechanism of International Environmental Treaties concluded or acceded to by China. From the status quo of China’s compliance with international environmental treaties as the starting point, the study of China’s existing legal system to comply with international environmental treaties, and on this basis to analyze the impact of China’s compliance with international environmental treaties factors, such as the environmental values of the country, the strength, the interests of and so to some extent restricts the reality of the status of Compliance mechanism of International Environmental Treaties.Final part analysis of the China international environmental treaties should be how to deal with the compliance mechanism. With the continuous increase of China’s comprehensive national strength, enhanced with its international influence, participation in international exchanges between the growing, brought to join or the conclusion of international treaties on the environment increase, so that in compliance with the international environmental treaties in China on the issue of huge performance under pressure. China to better meet international environmental treaty compliance mechanisms, must be from the international and domestic levels on the building of the legal system, made in line with China’s actual response to the recommendations of the international environmental treaty compliance mechanisms. At the international level, to focus on the strategic choices made environmental commitment according to the law, to continue to strengthen international cooperation, to make efforts to improving international environmental treaty compliance mechanisms; on the domestic level, to thoroughly study the international legal mechanisms for the sake of amendments to domestic environmental legislation, strengthening the legal responsibilities.