Loibl, Gerhard --- "Compliance Procedures and Mechanisms" [2010] ELECD 608; in Fitzmaurice, Malgosia; Ong, M. David; Merkouris, Panos (eds), "Research Handbook on International Environmental Law" (Edward Elgar Publishing, 2010)

Book Title: Research Handbook on International Environmental Law

Editor(s): Fitzmaurice, Malgosia; Ong, M. David; Merkouris, Panos

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847201249

Section: Chapter 20

Section Title: Compliance Procedures and Mechanisms

Author(s): Loibl, Gerhard

Number of pages: 24

Extract:

20 Compliance procedures and mechanisms
Gerhard Loibl



Introduction and evolution of compliance procedures and mechanisms
In the last decades, implementation of and compliance with international environmental
agreements have become central issues.1 These issues raised little concern in the 1970s and
early 1980s. As in other areas of international law, international (substantive) rules were
adopted and very little focus was put on procedures and mechanisms that would ensure that
parties implement and comply with their international obligations, although nearly all inter-
national environmental agreements contain provisions on dispute settlement.2 But as the prac-
tice of the parties to these agreements demonstrates, they have been used only rarely.3
Only in the late 1980s was consideration given to the elaboration of `new and additional'
procedures and mechanisms that would enhance the implementation of and compliance with
international environmental agreements by the parties. It is not surprising that this issue was
first raised in the negotiations concerning the protection of the ozone layer as it was evident
that a party's failure to fulfil its obligations to reduce and eliminate the production and use of
ozone-depleting substances would have negative impacts for the whole globe.4 Although no
agreement could be reached on a mechanism to enhance the implementation of and compli-
ance with the Montreal Protocol, it addresses these issues in two provisions. Article 7 obliges
parties to report data concerning the production, exports and imports of ozone-depleting
substances. Furthermore, Article 8 of the Montreal Protocol contains a ...