Authority and Legitimacy of Environmental Post-Treaty Rules

CONTENIDO

PART I
ENVIRONMENTAL POST-TREATY RULES AND THEIR AUTHORITY
1. Environmental Post-Treaty Rules: Concept and Context
A. Multilateral Environmental Agreements
B. Plenary Treaty Meetings
C. Rule Making by Plenary Treaty Meetings
D. The Concept of Post-Treaty Rules
E. The Normative Relationship between MEAs and Environmental Post-Treaty Rules
2. The Compartmentalised Authority of Environmental Post-Treaty Rules
A. Investigating Authority: Three Normative Orders
B. Eternal Interpretation: The Ramsar Convention and CITES
C. Closing the Gap: The Montreal and Kyoto Protocols
D. Conclusion

PART II
THE SOURCES OF THE AUTHORITY OF ENVIRONMENTAL POST-TREATY RULES
3. The Silence of the Enabling Clauses: Delegated Authority and the Doctrine of Sources
A. PTRs as International Delegated Acts
B. PTRs’ Delegated Authority According to the Sources of International Law
C. PTRs’ Delegated Authority in the Internal Normative Orders of MEAs
D. National Legal Orders
E. Conclusion
4. ‘Taking into Account’: Interpretive Authority and Wording
A. PTRs as Interpretive Agreements in the International Legal Order
B. PTRs as Interpretive Agreements in National Courts
C. The Effect of Wording on PTRs’ Interpretive Authority
D. Conclusion
5. Invisible Authority: Social Legitimacy and Social Pressures
A. Social Legitimacy and Authority
B. Social Legitimacy and Social Pressures in the Three Normative Orders
C. Conclusion

PART III
CRITICAL PERSPECTIVES ON THE AUTHORITY OF ENVIRONMENTAL POST-TREATY RULES
6. Vulnerable Authority: Discretion in Domestic Implementation and Violation of Procedural Principles
A. Is Authority Based on Social Legitimacy Different?
B. Wide Governmental Discretion
C. Infringement of Fundamental Procedural Principles
D. Conclusion
7. Challenges to the Normative Legitimacy of Environmental Post-Treaty Rules
A. Input Legitimacy
B. Output Legitimacy
C. Conclusion

AUTOR

Tim Staal

Tim Staal is part-time Associate Professor of Public International Law at the University of Amsterdam and freelance investigative journalist.