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Non-Compliance – a Pivotal or Secondary Function of CoP Governance?

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Abstract This article seeks to assess the extent to which Conferences of the Parties (CoPs) of Multilateral Environmental Agreements (MEAs), rather than other treaty bodies established within MEA regimes, have played and continue to play a role in the establishing and operation of compliance systems and techniques. The roles of plenary bodies of a number of earlier MEAs adopted in the 1970s provide the particular focus of discussion (CITES, RAMSAR, the CMS Convention, LRTAP and the Berne Convention). Discussion will focus on the given plenary body’s role in the following areas: clarification of compliance by means of the interpretation of primary rules; the monitoring and verification process; establishing reporting requirements and improving reporting by parties; the facilitation of compliance by means of capacity-building and funding; the establishment and development of non-compliance procedures and mechanisms without an express treaty basis; and, finally, determining the consequences of non-compliance.

Affiliations: 1: School of Law, University of Nottingham Nottingham UK


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