Comparison of Non-Compliance Procedure and Disputes Settlement Mechanisms and the International Responsibility of State in Environmental Treaties

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MOHAMMADI AGHIL

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Paper Information

Journal: LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY) Year:2019 | Volume:11 | Issue:3 Page(s): 171-205

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Information Journal Paper

Title

Comparison of Non-Compliance Procedure and Disputes Settlement Mechanisms and the International Responsibility of State in Environmental Treaties

Author(s)

MOHAMMADI AGHIL | Issue Writer Certificate

Keywords

Non-Compliance ProcedureQ1

Compliance ControlQ1

Disputes Settlement MechanismsQ1

International Responsibility of State RegimeQ1

Environmental TreatiesQ1

Abstract

Three decades ago, at the initiative of the Montreal Protocol on Substances that Deplete the Ozone Layer (1987), international law has created a new mechanism to control compliance with the obligations that is known Non-Compliance Procedure. This quickly extended to many multilateral environmental agreements. Within the framework of this procedure that is non-judicial, non-confrontational, consultative and preventive, relied upon to take a wide range of measures, from soft measures such as financial and technical assistance and recommendation, to hard measures such as suspension of membership rights and privileges and sanction, will be countered by non-compliance of members, and compliance with the provisions of the treaty will be facilitated, guaranteed and promoted. In this regard, this article is based on a descriptive-analytical method to find out the fundamental question that how is the Relationship between Non-Compliance Procedure and Disputes Settlement Mechanisms and the International Responsibility of State? In response, the hypothesis is that Non-Compliance Procedure is different in many respects, especially the nature, structure, effects and consequences of non-compliance, to Disputes Settlement Mechanisms. Of course, the possibility of resorting to both cannot be ruled out. Another point is the regime of international responsibility of states can no longer be an adequate means of responding to breaches of obligations.

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APA: Copy

MOHAMMADI, AGHIL. (2019). Comparison of Non-Compliance Procedure and Disputes Settlement Mechanisms and the International Responsibility of State in Environmental Treaties. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), 11(3 ), 171-205. SID. https://sid.ir/paper/223481/en

Vancouver: Copy

MOHAMMADI AGHIL. Comparison of Non-Compliance Procedure and Disputes Settlement Mechanisms and the International Responsibility of State in Environmental Treaties. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY)[Internet]. 2019;11(3 ):171-205. Available from: https://sid.ir/paper/223481/en

IEEE: Copy

AGHIL MOHAMMADI, “Comparison of Non-Compliance Procedure and Disputes Settlement Mechanisms and the International Responsibility of State in Environmental Treaties,” LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), vol. 11, no. 3 , pp. 171–205, 2019, [Online]. Available: https://sid.ir/paper/223481/en

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