Index
Aarhus Convention, 4, 16, 49, 70, 149
advisory function,
civic engagement in implementation of, 272
compliance committee, 151
compliance mechanism, 277
dispute settlement under, 158
and European Court of Justice, 283
monitoring under, 87
NGO participation in non-compliance mechanism under, 89
non-compliance procedures, 122
recommendation as compliance measure, 68
accountability mechanisms, 208, 211, 215
Inter-American Development Bank, 210
multilateral development banks, 195
adjudication, 41, 136
absence from new trade non-compliance mechanisms, 185
inappropriateness in international criminal law, 411
international monetary system’s need for, 217
trade agreements’ traditional reliance on, 173
African Union, 395
Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction. See BBNJ Agreement
arbitration
under Aarhus Convention, 158
arbitrage consultatif, 114
under Bern Convention, 246
Chagos case, 148
under CITES, 159
interstate vs international commercial, 472
investor-state, 480
and monetary disputes, 227
under multilateral environmental agreements, 129
under Southern Bluefin Tuna Convention, 158
BBNJ Agreement, 16, 46, 120, 481, 483
non-compliance provision,
potential for advisory procedure, 118
Berman, Ayelet, 35
Bern Convention, 244
case file system, 239, 248
compared to European Commission infringement procedure,
legal opportunity under, 250
overhead power line in Lithuanian–Polish borderland, 249
overlap with European Commission activities, 260
overlap with EU Birds and Habitat Directives,
spring hunting complaint against Maltese government,
wind farms in Balchik and Kaliakra,
Bodansky, Daniel,
Camenzuli, Louise Kathleen, 54
capacity-building
and compliance tools, 183
and Water Convention, 110
and World Bank Dispute Resolution Services, 214
Cassese, Antonio, 385
Chayes, Abram and Antonia Handler
on implementation challenges in international regulatory systems, 38
Commission for the Conservation of Southern Bluefin Tuna, 146,
Committee on the Elimination of Racial Discrimination, 366
compliance committee(s)
under Basel Convention, 123
closed meetings of, 139
of Commission for the Conservation of Bluefin Tuna, 155
effect of findings of, 45
environment-related, 149
under Espoo Convention, 152
expertise of, 135
facilitative aim of, 142
facilitative measures decided by, 141
feature of multilateral environmental agreements, 276
independence of, , 150
and international environmental law, 3
under Minamata Convention, 151
monitoring by, 122
under Montreal Protocol, 58
nomenclature, 67
outcome, , 150
powers of, 150
under Rotterdam Convention, 64
state responsibility and, 44
conferences of the parties (COPs), 50,
under Escazú Agreement,
facilitative approach of, 70
and multilateral environmental agreements, 53
origin of, 53
powers of,
procedure-based legitimacy of, 70
Convention for the Protection of Cultural Property in the Event of Armed Conflict. See Hague Convention (1954)
Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters. See Aarhus Convention
Convention on Biological Diversity, 83, 145
Cartagena Protocol on Biosafety, 272
dispute resolution under, 159
Subsidiary Body on Scientific, Technical and Technological Advice, 155
Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, 400, 402
Convention on the Conservation of Antarctic Marine Living Resources, 149
Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. See Basel Convention
Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. See Rotterdam Convention
Convention on the Protection and Use of Transboundary Watercourses and International Lakes. See Water Convention
Council of Europe, 395
Conference of the Parties to the Warsaw Convention, 399
Convention against Trafficking in Human Organs, 403
Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism, 397
Conference of the Parties report, 397
Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime, 397
Convention on Offences relating to Cultural Property, 397
Convention on Preventing and Combating Violence against Women and Domestic Violence, 397
Convention on the Counterfeiting of Medical Products and Similar Crimes Involving Threats to Public Health, 398
Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, 396
Committee of the Parties, 400
Convention on the Suppression of Terrorism, 398
Criminal Law Convention on Corruption, 398
European Commission for the Efficiency of Justice, 416
non-binding anti-corruption instruments, 403
and right to a healthy environment, 364
Russia’s expulsion from, 290, 304 See also Bern Convention; Group of Experts on Action against Trafficking in Human Beings
enforcement
collective, 42
under Escazú Agreement, 283
in human rights domain, 300
of ICSID arbitration awards, 480
influence on state participation in treaty systems, 331
in inter-American human rights system, 281
in international commercial arbitration, 472
of International Covenant on Civil and Political Rights, , 325
under International Health Regulations, 38
of international law on atmospheric protection, 65
multipronged (‘mosaic’), 43
political economists’ insistence on, 40
political use of term, 172
responsibility-based punition, 66
of right to a healthy environment, 267
through sanctions, 42
in trade law,
treaty bodies’ powers of, 299
under UNCLOS, 479
under WTO Agreement, 479
environmental disputes
aptness of consent-based governance, 53
complementary role of adjudicative and treaty bodies, 95
and European Court of Human Rights, 59
importance of monitoring, 368
inter-state, 143
judicial settlement of, ,
Escazú Agreement, 265
Aarhus Convention’s compliance mechanism as model for, 278
domestic implementation of, , 270
implementation and compliance provisions, 271
and inter-American human rights system, 279,
Nagoya Protocol’s compliance mechanism as model for, 278
need for regional oversight and compliance, 284
Paris Agreement’s compliance mechanism as model for, 277
problem of access to justice, 272
public participation in non-compliance procedure, 102
rights established under, ,
Espoo Convention, 4
dispute settlement under, 159
implementation committee, 152
NGO participation in non-compliance mechanism under, 89
EU environmental law
compliance with, 247
European Union Network for the Implementation and Enforcement of, 253
implementation of, 246
European Convention on Human Rights, 315
denunciation (Art. 58), 290
enforcement system,
impact on United Kingdom, , 330
prohibition of torture (Art. 3), 293
respect for private and family life (Art. 8), 59
right to life (Art. 2), 59
United Kingdom’s relations with, 10
United Kingdom’s role in development of, 325
European Court of Human Rights, 326
cases
Budayeva and Others v Russia, 379
Chowdury and Others v Greece, 335
CN v United Kingdom, 353
Cruz Varas and Others v Sweden, 304
Fadeyeva v Russia, 380
Hirst v United Kingdom, 329
Islamic Republic of Iran Shipping Lines v Turkey, 429
L.E. v Greece, 338
López Ostra v Spain, 380
M. Özel and Others v Turkey, 379
Mamatkulov and Askarov v Turkey, 304
Öneryildiz v Turkey, 379
V.C.L. and A.N. v United Kingdom, 339
Zoletic and others v Azerbaijan, 339
climate complaints before, 374
compared to treaty bodies,
comparative effectiveness,
compliance with decisions of,
decisions relating to prohibition of torture,
effect of judgments of, 296
exclusion of NGOs as complainants, 272
execution of judgments of,
interim measures, 304
judgments on human trafficking, 335,
stance on right to a clean environment, 59
UK courts’ relations with,
European Court of Justice
access to, 247
Bern Convention case file system as complement to, 260
conservation cases before, 252
effect of judgments of, 247
and environmental protection, 239
jurisdiction over restrictive measures against individuals, 429
expert review
Paris Agreement TER, 31
suppression conventions’ reliance on, 415 See also Group of Experts on Action against Trafficking in Human Beings
facilitative compliance/implementation, 3, 15, 37, 38, 41, 42, 46
Aarhus Convention, 108
Basel Convention, 60
BBNJ Agreement, 118
complement to judicial dispute settlement, 18
Council of Europe Convention on the Prevention of Terrorism, 401
evolution in multilateral environmental agreements, 49
Kyoto Protocol, 103
in new-generation non-compliance procedures, 50
non-confrontational nature of, 123
vs punitive measures, 141
Rotterdam Convention, 64
as ‘sanction’, 414
unsuitability in state-to-state procedures, 141
Facility-Specific Rapid Response Labor Mechanism, 182
fact-finding
as aid to negotiations, 440
and Bystroe Canal Project, 88
contribution to global governance, 439
and International Atomic Energy Agency, 434
and Iranian nuclear programme, 439
and JCPOA Joint Commission, 422
as tool to incentivise compliance with international law, 440
and UNESCO protection of cultural property, 463
UN missions, 135
and Water Convention, 116
and WTO dispute settlement panels, 162
German Constitutional Court, 296
Global Health Threats Council, 28
Global Network for Human Rights and the Environment, 278
Global Preparedness Monitoring Board, 23
global public goods, 7
Goote, Maas, 270
incentives
characteristic of management model, 184
in international human rights regimes, 302
as part of non-compliance procedure, 150
as part of political compliance processes, 424
role in promotion of compliance, 414
Inter-American Commission on Human Rights, 279, 280
environmental case law, 280
NGO complaints to, 281
Inter-American Court of Human Rights, 263, 279
cases
Kaliña and Lokono Peoples, 280
Kawas Fernández, 379
Lhaka Honhat Association, 263
Mayagna (Sumo) Awas Tingni Community, 280
Saramaka People, 280
Trabalhadores Fazenda Brasil Verde, , 349
environmental case law, 280
jurisdiction of, 282
non-compliance function of, 280
weakness of compliance mechanisms, 281
International Atomic Energy Agency
International Centre for Settlement of Investment Disputes (ICSID), 480
International Convention for the Regulation of Whaling, 156
International Court of Justice
advisory opinion on climate change, 42
cases
Aerial Incident of 3 July 1988, 434
Application of the International Convention on the Elimination of All Forms of Racial Discrimination, 128, 380
Certain Iranian Assets, 435
Dispute over the Status and Use of the Waters of the Silala, 114
Effects of Awards of Compensation, 192
Judgment No. 2867 of the Administrative Tribunal of the International Labour Organization, 380
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, 380
Maritime Delimitation in the Indian Ocean, 164
Oil Platforms, 434
Questions Relating to the Obligation to Prosecute or Extradite, 380
Temple of Preah Vihear, , 464,
consultation of experts by, 167
and environmental disputes, 58
and Iran/US disputes, 422
and monetary issues,
and multilateral environmental agreements, 130
transparency before, 139
international courts and tribunals
advisory opinions, 99
compared to IMF surveillance, 236
contribution to clarification of international law, 42
differentiation from non-compliance mechanisms, 8
effectiveness of no recourse to, 434
and environmental disputes, 59
and global monetary governance, 227
and international economic disputes,
and Iranian nuclear crisis,
nuclear disarmament proceedings before, 420
overlap with quasi-judicial non-compliance mechanisms, 5
and state responsibility,
international criminal law
complexity of, 386
compliance with,
definition of,
development of, 386
monitoring mechanisms in, ,
treaty compliance monitoring, 390
universal suppression conventions,
monitoring of implementation and compliance, 395
international environmental law
compliance requirements, 270
courts’ unease with, 59
evolution of non-compliance procedures in, 403
Gabčíkovo–Nagymaros judgment as step in evolution of, 92
goal of, 365
inclusivity in implementation of, 278
legitimacy in, 52
principles of, 365
right to a healthy environment, 264
Latin America and Caribbean, , 267
proposed protocol to European Convention on Human Rights, 364
recognition by UN Human Rights Council and General Assembly, 264
sustainable development, 77
use in international environmental disputes, 95
use of regional non-compliance mechanisms, 264
International Health Regulations (2005)
background to, 18
core capacity provisions of,
reporting processes under,
Review Committee on the Functioning of, 19, 21, See also international pandemic law; pandemic preparedness; World Health Organization
international human rights law
compared to international environmental law, 365
environmentalisation of, 361,
failure to protect against effect of climate change as violation of, 377
impact of Committee on the Rights of the Child decision on, 376
International Law Commission
protection of atmosphere, 65
protectoin of atmosphere
compliance approach favoured by Special Rapporteur, 66
state responsibility, 75
International Monetary Fund
compliance mechanisms, 230
amendment of Articles of Agreement, 231
forced withdrawal, 230
suspension of financial/political rights, 231
jurisdictional overlap with World Bank, 235
non-compliance mechanisms
interpretation of Articles of Agreement,
surveillance, ,
international pandemic law
compliance needs of, 28
factors to be introduced into compliance procedures, 46
need for improved compliance with, 22
potential for advisory procedure in, 119
value of facilitative compliance processes to, 17 See also pandemic preparedness; World Health Organization
International Treaty on Plant Genetic Resources for Food and Agriculture, 149
International Tribunal for the Law of the Sea
accessibility of pleadings, 139
advisory opinions
BBNJ Agreement’s proposed provision on, 118
dispute settlement option under UNCLOS, 147
Iran Nuclear Deal, 420, 422, 427, 432
EU court cases related to, 425
fact-finding mechanism, 440
silence on human rights sanctions, 437 See also Joint Comprehensive Plan of Action; UN Security Council, 1737 Committee
Joint Comprehensive Plan of Action, 420, 423, 428
effectiveness of non-compliance mechanisms, 437
role of international courts and tribunals, 438
meetings of the parties (MOPs),
adoption of sanctions by, 100
facilitative approach of, 70
powers of,
procedure-based legitimacy of, 70
role in non-compliance procedures, 53
Milano, Valentina, 338
monitoring
aid to compliance committees, 104
in Cijevna/Cem River advisory procedure, 65,
of compliance with treaty body views, 299
conditions required for, 24
definition of, 385
element of non-compliance procedures, 60
of implementation of criminal law treaties, 390
African Union Advisory Board on Corruption, 400
facilitative approach, 411
Group of Experts on Action against Violence against Women and Domestic Violence, 400
International Narcotics Control Board,
intra- and interorganisational cooperation, 419
phases of, 418
sanctioning powers, 419
of implementation of human rights treaties, 363, 367
Committee against Torture, 303
International Covenant on Civil and Political Rights, 332
of implementation of multilateral environmental agreements, 100, 103
Aarhus Convention, 87
Bern Convention, , 260
by compliance committees, 122
Espoo Convention,
of implementation of regional criminal law treaties, 396, 399
NGO and civil society participation, 403
by Inter-American Commission on Human Rights, 279
in inter-American human rights system, 263
NGO support for, 90
non-judicial, 301
and pandemic preparedness, 24
paucity in international criminal law, 385
shared ownership of, 411
as soft power mechanism, 412
of treaty implementation, 388
under universal suppression conventions, 395
and World Bank Dispute Resolution Services, See also Financial Action Task Force; Global Preparedness Monitoring Board; peer review
Montreal Protocol, 3, 16, 50, 58, 70
contemporary practice of non-compliance procedure, 68
Meeting of the Parties under, 69
multilateral environmental agreements
communal obligations under,
non-compliance procedures
relevance to UNCLOS, 480
relevance of advisory procedure to,
non-compliance procedures
advisory procedure, 104
conciliatory function, 120
non-inquisitorial nature, 120
value of tailored technical advice, 120
and water diplomacy,
in Bystroe Canal case, 72,
complementary to judicial procedures, 143
decisions from, 57
establishment of, 58
facilitative, 70
independence from dispute settlement processes, 115
Koskenniemi on state responsibility and, 44
nature of, 56
and multilateral environmental agreements, 56
overview, 105
under Paris Agreement,
potentiality for use under UNCLOS,
public participation, 274
soft approach to addressing compliance issues, 143
and state responsibility, 44
suitability to environmental non-compliance, 60
suitability to regional vs universal treaties, 395
transparency, 140
non-governmental organisation(s)
assistance with dispute resolution processes, 204
as complainants before human rights courts, 362
and environmental protection, 263
involvement in UN human rights treaty bodies, 368
limited role before International Court of Justice, 79
participation in EU Commission complaints system, 251
participation in inter-American human rights system, 281
participation in monitoring processes of criminal law conventions, 403
OECD Anti-Bribery Convention, 416
OECD Anti-Bribery Recommendation (2021), 402
OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, 398
Organization of American States, 395
environmental protection role of, 280
human rights protection, 279
OSPAR Commission, 154
pandemic preparedness
accountability mechanisms, 26
development of non-compliance machinery, 18
inadequacy of, 26
proposal of convention on, 23 See also International Health Regulations (2005); international pandemic law; World Health Organization
Paris Agreement, 4, 149
compliance system, , 68
emphasis on reporting obligations, 36
Enhanced Transparency Framework, 31
non-compliance procedure, 49
peer review,
Convention against Corruption, 391
Convention against Transnational Organized Crime, 392
Financial Action Task Force, 404
pandemic preparedness, 27
suppression conventions’ reliance on, 415
Raustiala, Kal, 301
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean. See Escazú Agreement
reporting obligations
and environmental non-compliance, 60
as facilitative measures, 141
hindrances to, 415
under human rights regimes, 287
under International Health Regulations, , 35
under Kyoto Protocol, 56
streamlining under criminal law treaties, 419
under UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 395
reports
under Bern Convention, 253,
of Committee against Torture, 305
under Convention on Biological Diversity, 155
in dispute settlement, 184
and environmental human rights, 366
of Human Rights Committee, 305
of Independent Evaluation Office (IMF), 235
in inter-American human rights system, 280
under Kyoto Protocol, 133
and pandemic preparedness, 27
to treaty bodies, 299
of UN Special Rapporteurs, 359
of World Bank Grievance Redress Service, 197
sanctions
characteristic of enforcement model, 184
under Escazú Agreement, 267
FATF’s ‘soft sanctions’, 408
as feature of rationalist approach to compliance, 40
in IMF dispute settlement, 230
in international criminal law, 410
in international human rights regimes, 302
and multilateral environmental agreements, 100
as non-compliance mechanism, 438
omission from new generation multilateral environmental agreements, 17
reputational effects as form of, 226
stigmatization effect of, 101
scientific committee(s), ,
under CITES, 155
of Commission for the Conservation of Southern Bluefin Tuna, 154
and International Court of Justice,
perceived bias of, 157
South China Sea Arbitration,
cooperative compliance with award,
non-compliance procedures as aid to enforcement,
Southern Bluefin Tuna Convention dispute resolution, 158
state-to-state compliance procedures
communal objective of, 131
expertise,
procedural principles, 132
evidence,
impartiality and independence,
jurisdiction,
outcomes,
participation and transparency,
state-to-state triggers
background to,
challenges faced by, 122
under Espoo Convention, 126
evidence requirements,
under Kyoto Protocol, 126
limited use of,
objective of, 122
positioning among existing procedures, 143
proof of involvement/interest, 134
states’ perceptions of,
tensions over,
before UN human rights treaty bodies, 126
use between neighbouring states, 134
Technical Committee on Cultural Heritage, 470
Teitgen, Pierre-Henri, 288
trade agreement compliance
behind-the-border schemes
assessment,
contribution to compliance theory,
practical issues raised by,
transformative power of,
enforcement vs compliance,
innovations, 172
United States–Mexico–Canada Agreement,
United States–Peru Trade Promotion Agreement, 177
shifts in, 177
trade-plus, , , 185
trafficking in persons
Argentina,
case of Marita Verón, 343
case of Montoya, 343
Committee on Economic, Social and Cultural Rights recommendations on, 345
Committee on the Elimination of Discrimination against Women observations on, 344
Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families recommendations on, 345
influence of judicial cases, 342
Brazil,
Committee on the Rights of the Child observations on, 348
José Pereira v Brazil, 347
Trabalhadores da Fazenda Brasil Verde v Brazil, 347
European Court of Human Rights judgments on, 335
human rights treaty bodies and, 358
Inter-American Court of Human Rights judgments on, 336
NGO pressure, 341
sociocultural factors influencing decisions on, 340
soft pressure as compliance mechanism, 359
and UN treaty bodies, 335
United Kingdom,
CN v United Kingdom, 353
domestic court decisions, 355
UN Special Procedures on, 356, 357 See also Council of Europe, Convention on Action against Trafficking in Human Beings
treaty bodies
under CITES, 155
under Convention on Biological Diversity, 155
committees of the parties as, 55
and human trafficking, 335, 344
on Argentina, 345
on Brazil, 348
on Cyprus, 351
effect of recommendations by, 345
individual communications to, 335
proactive nature of, 359
on United Kingdom, 344
in human rights field, 126, 288, 289, 293, 333, 366, 368, 394
action against climate change, 364,
climate complaints before,
courts’ references to documents of,
development of environmental rights by, 371
environmental complaints before, 370
follow-up procedure, 368
importance of judicial oversight, 330
independence of, 371
monitoring by, 367
soft law documents, 379
state-to-state complaints before, 369
as implementation and compliance facilitators, 3
in international criminal law field, 385
facilitative approach of, 411
monitoring of suppression conventions by, 395
monitoring under regional conventions, 402
under multilateral environmental agreements, 58
processes employed under, 6
quasi-judicial, 418
role in Bystroe Canal case, 90
Ulfstein, Geir, 56
UN (Palermo) Protocol to Prevent, Suppress and Punish Trafficking in Persons, 334, 342, , 350, 356, 389
UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 394
UN Development Programme, 213
UN Environment Assembly, 118
UN Human Rights Committee, 289, 317
cases
Daniel Billy and Others v Australia, 378
Ioane Teitiota v New Zealand, , 379
Lilian Celiberti de Casariego v Uruguay, 381
Mabel Pereira Montero v Uruguay, 381
enforceability of views of, 319
Inter-American Court of Human Rights’ references to, 381
legal status of views of, 295
states parties’ reports to, 317
United Kingdom’s relations with, , 330
UN Office on Drugs and Crime, 392
UN peacekeeping forces, 469
UN Protocol against Illicit Manufacturing of and Trafficking in Firearms, 389
UN Protocol against Smuggling of Migrants by Land, Sea and Air, 389
UN Security Council
UN Special Commission, 433
UN Special Procedures, 339, 359
Special Rapporteur on promotion and protection of human rights and fundamental freedoms while combatting terrorism, 357
Special Rapporteur on promotion and protection of human rights in context of climate change, 364
Special Rapporteur on sale and sexual exploitation of children, 357
UNCLOS
Annex VII arbitration, 473
Commission on the Limits of the Continental Shelf, 147,
investor-state arbitration compared to arbitration under, 480
and South China Sea Arbitration,
and Southern Bluefin Tuna Convention, 158
UNESCO
involvement in MINUSMA, 469
Water Convention, 4, 83, 105
advisory procedure, 100, 108,
Cijevna/Cem River,
conclusions on, 120
contribution to water diplomacy,
financial, technical or legal support,
potential utility for other multilateral treaties, 119
facilitative approach to compliance, 16
public participation in non-compliance procedure, 102
Wolfrum, Rüdiger,
World Bank
Compliance Advisor Ombudsman, 204
Dispute Resolution Services,
accessibility, effectiveness and independence of remedies,
Grievance Redress Service,
Inspection Panel, 188,
jurisdictional overlap with International Monetary Fund, 235
rule of law indicator, 308
World Health Organization
Independent Panel for Pandemic Preparedness and Response (IPPR), 23,
Working Group on Strengthening WHO Preparedness and Response to Health Emergencies (WGPR), 23
World Health Assembly
intergovernmental negotiating body, 23
Resolution WHA73.1, 25 See also International Health Regulations (2005); international pandemic law; pandemic preparedness
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