Bendel, J. orcid.org/0000-0002-7177-1182 and Suedi, Y. (2024) State-to-State Procedures before Environmental Compliance Committees: Still Alive? In: Voigt, C. and Foster, C., (eds.) International Courts Versus Non-compliance Mechanisms: Comparative Advantages in Strengthening Treaty Implementation. Studies on International Courts and Tribunals . Cambridge University Press , pp. 121-144. ISBN 9781009373913
Abstract
Many multilateral environmental treaties have established committees that monitor compliance and/or facilitate implementation. These committees can be triggered in a number of ways, e.g., when a State party seizes the committee concerning another State party’s compliance or implementation. This type of trigger resembles the most traditional judicial proceedings, as it opposes two States, and has the potential to lead to decisions of non-compliance. It is perceived to be more confrontational than facilitative. State-to-State triggers therefore sit in between judicial and non-judicial procedures, and between facilitation on the one hand and enforcement on the other. State-to-State triggers have only been used a handful of times. This chapter explores why such triggers have been sparsely used. It first explains how State-to-State triggers were established and describes the instacnes in which they have been used. It then identifies and discusses two main challenges faced by State-to-State triggers: challenges related to the perception and behaviour of States vis-à-vis such triggers, and challenges related to institutional design and procedural mechanisms of State-to-State procedures.
Metadata
Item Type: | Book Section |
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Authors/Creators: |
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Editors: |
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Copyright, Publisher and Additional Information: | © Cambridge University Press. This is an open access book chapter under the terms of the Creative Commons Attribution License (CC-BY-NC-ND 4.0), which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited. |
Keywords: | Multilateral environmental agreements; compliance committees; State-to-State triggers; Paris Agreement; facilitative compliance; judicial enforcement; community interests; procedural challenges |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 12 Mar 2024 11:57 |
Last Modified: | 21 Mar 2024 16:25 |
Published Version: | https://www.cambridge.org/core/books/international... |
Status: | Published |
Publisher: | Cambridge University Press |
Series Name: | Studies on International Courts and Tribunals |
Identification Number: | 10.1017/9781009373913.010 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:210174 |
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