Thursday, March 19, 2009

Treves et al.: Non-Compliance Procedures and Mechanisms and the Effectiveness of International Environmental Agreements

Tullio Treves (Judge, International Tribunal for the Law of the Sea; Univ. of Milan - Law), Attila Tanzi (Univ. of Bologna - Law), Laura Pineschi (Univ. of Parma - Law), Cesare Pitea (Univ. of Parma - Law), Chiara Ragni (Univ. of Milan - Law), & Francesca Romanin Jacur (Univ. of Milan - Law) have published Non-Compliance Procedures and Mechanisms and the Effectiveness of International Environmental Agreements (T.M.C. Asser Press 2009). Here's the abstract:

Traditional means of international dispute settlement have proved to be largely ineffective in ensuring the effectiveness of international environmental law. Thus, states are increasingly creating regime-specific systems to control, facilitate and assist the implementation of and compliance with each multilateral environmental agreement.

By bringing together the perspectives of scholars, negotiators and practitioners, this book provides a comprehensive and in-depth analysis of the most advanced of these systems, the so-called “non-compliance mechanisms”, in which a specialized treaty body is entrusted with the task of examining cases of non-compliance by State parties.

It includes a description of each mechanism and an analysis of cross-cutting issues. It also explains how these systems relate to relevant concepts and mechanisms of general international law and, for the first time, of European Union law.