Technical And Financial Assistance And Compliance: The Interplay

Abstract

The conclusion of multilateral environ mental agreements (MEAs) is one of the greatest achievements of the past few decades in the field of international environmental law. Vet, what remains ta be fully ascertained is Ihe degree of compliance with them, in particular when such agreements are likely not only ta affect the environmental but also the economic policies of the States Parties. In recent years, at the regional as weil as at the global level, there have been several attempts 10 identify the reasons for non-compliance with international environmental obligations.! In the debate on which means are best suited for inducing compliaoce with environmental treaty obligations,2 one can distinguish Iwo categories of •

Institutional diffusion for the Minamata Convention on Mercury

“…This ensures that most countries view alternative actions as more attractive than their existing non-compliant behaviors, which are not achieved with financial provisions under many environmental treaties (Mitchell 2007: 916). Therefore, the integrative mechanisms combining compliance and independent finance can enhance compliance with legally binding commitments (Brunnée 2006;De Chazournes 2006;Victor 1999). This has recently been recognized among the scholars and practitioners who observed major progress in the effectiveness of the MP.…”

International Environmental “soft law”

“…532 534 These notice-and-comment procedures were often internet-based, and personal consultations were held at conferences, as for example in Budapest in 1998 and at the OECD in 1999. laborated with other OECD Committees and sub-committees 535 as well as experts from the secretariat. 540 As remarkable as this process was in terms of the involvement of stakeholders, civil society and the secretariat, it is important to note that the process was not framed by procedural rules. Later known as the "Hague Process", it started with a brainstorming meeting of TUAC, BIAC, selected NGOs and experts from the ILO during which members spoke in their personal capacity.…”

“…540 They have become central features of non-confrontational compliance management approaches. 540 They have become central features of non-confrontational compliance management approaches.…”