Efficiency in Flexibility?
Edited by Pierre-Marie Dupuy and Luisa Vierucci
Chapter 6: The Legal Status of NGOs in Environmental Non-compliance Procedures: An Assessment of Law and Practice
Cesare Pitea INTRODUCTION In recent decades, rules of international law, especially treaty law, concerning the environment have proliferated, but the compliance record with them is still poor. In the framework of multilateral environmental agreements this problem is increasingly addressed through the establishment of routine procedures of control based on periodical self-reporting and review thereto and, in a dramatically growing number of cases, of ad hoc procedures to address the circumstances and causes of a given case of non-compliance, often referred to as non-compliance procedures (hereinafter NCPs).1 While one may find that the large majority of such procedures are basically modelled on the one set up under the Montreal Protocol,2 they vary considerably from one another. Any attempt to reduce them to unity would lead to oversimplification, blurring, rather than clarifying, their respective features. Nonetheless, there are several features that are common to all the procedures in question. Firstly, they are all designed to overcome the well known difficulties inherent in the judicial or arbitral assessment of a breach of the law On the distinction between routine and ad hoc procedures see T. Marauhn (1996), ‘Towards a procedural law of compliance control in international environmental relations’, Zeitschrift für ausländisches öffentliches Recht und Völkerrecht, 56(3), 696–731, at 698–9 and M. Ehrmann (2002), ‘Procedures of compliance control in international environmental treaties’, Colorado Journal of Environmental Law & Policy, 13(2), 377–443, at 435–6. For an analysis of routine procedures, see K. Sachariew (1991), ‘Promoting...
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