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Implementation Mechanisms Of Multilateral Environmental Agreements And The Trend In Their Development

Posted on:2013-11-03Degree:MasterType:Thesis
Country:ChinaCandidate:J FeiFull Text:PDF
GTID:2256330374974565Subject:International Law
Abstract/Summary:
Numerous Multilateral Environmental Agreements (hereinafter,“MEAs”) were negotiated and adopted in the past few decades after the1972Stockholm Conference. Nevertheless, mere adoption of MEAs does notrepresent resolution of environmental issues. Actually, non-complianceissues have been challenging the efficacy of these MEAs. Suchnon-compliance issues may be caused by the lack in Parties’ wills tocomply with MEAs, while in most times they are caused by Parties’incapacity to comply or deficiency in resources. Consequently, theinternational community has shifted focus to the implementation of MEAs.Great efforts have been made in devising and developing conventionalimplementation mechanisms, which not only aim at preventing Parties fromgetting into non-compliance, but also at addressing and restoringnon-compliance.This dissertation attempts to elucidate certain major types ofconventional MEAs implementation mechanisms, including facilitativemechanisms, monitoring mechanisms and non-compliance procedures. Theseimplementation mechanisms are mainly operated by conventionalinstitutions established under MEAs, which typically comprise theConference of the Parties, a Secretary, and certain special committees or branches. Facilitative mechanisms under MEAs, which mainly consist offinancially supporting mechanisms and technology cooperation andtransfer mechanisms, facilitate and enhance compliance with MEAs by theParties, in particular developing countries. Monitoring mechanisms of theMEAs take charge in monitoring the compliance of MEAs and supporting otherimplementation mechanisms with relevant information and materials. Whilenon-compliance procedures specifically focus on resolution andrestoration of non-compliance with MEAs. These mechanisms workcollectively to ensure effective implementation of and compliance withMEAs.In addition, a trend towards more preventative, facilitative,cooperative and soft feature can be recognized based on analyses of suchimplementation mechanisms.
Keywords/Search Tags:Multilateral Environmental Agreements, Implementation Mechanisms, Non-Compliance Procedures
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