Environmental non-compliance procedures and international law

Constitutionalising Secondary Rules in Global Environmental Regimes: Non-Compliance Procedures and the Enforcement of Multilateral Environmental Agreements

“…As stated above, there are intrinsic factors that may explain the relatively scarce referral of international environmental disputes to adjudicative settlement mechanisms, even where bilateral or reciprocal obligations are at stake. 154 Moreover, where they operate effectively, compliance procedures have contributed to this general evolution. Hence, despite the increasing number of cases with an environmental dimension that have been recently submitted to judicial bodies, the preference of States for allocating compliance control and enforcement in global environmental regimes to technical and bureaucratic structures such as NCPs, rather than to adjudicatory mechanisms, does not suggest any prospects for change in the future -as the continuous efforts in the development of new compliance mechanisms, and the refinement of existing ones, suggests.…”