Mechanisms for Global Agreements

• Author: K. Russell LaMotte
• Pages: 965-975

CHAPTER 48

Mechanisms for Global Agreements

K. RUSSELL LAMOTTE*

I. Introduction

This chapter will cover the primary instruments and vehicles through which

international environmental law is developed, memorialized, and imple-

mented. Practitioners should understand these processes in order to ensure

that they have considered all relevant regimes in addressing specific ques-

tions. This procedural background will also provide important context to

help facilitate an understanding of the substantive impact and legal effect of

these regimes.

The chapter first discusses nonbinding “soft law” regimes, paying par-

ticular attention to the comparative advantages offered by a mechanism

based on collaboration and voluntary participation. It also discusses the

ways in which soft law may serve as a harbinger for hard law.

The second part of this chapter considers binding mechanisms and how

they shape the field. Binding mechanisms are sundry: they may be bilateral,

regional, or global, and they may take the form of agreements, frameworks,

or protocols to frameworks or agreements. This section outlines the technical

differences among various binding mechanisms for the practitioner. We focus

in particular on the relatively exotic institutional and legal structures under-

pinning global multilateral environmental agreements. The remainder of the

chapter is devoted to resolving questions that arise in practice, including

which parties are bound by what agreements and whether a given text is

binding or nonbinding.

II. Nonbinding Soft-Law Regimes

In theory, the sources of international environmental law are the same as those

of general international law: international conventions, international custom,

“general principles of law recognized by civilized nations,” and writings of

*The author thanks Peter Keays and Elizabeth A. Brody for their assistance in preparing

this chapter.

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