Rent 9780521883283 | Multilateral Environmental Agreements : Legal Status of the Secretariats

Summary Table of Contents Author Biography

This study seeks to examine the genesis, development, and proliferation of multilateral environmental agreements (MEAs) in-built law-making mechanisms and processes of institutionalization and their ad hoc treaty-based status and the issue of the legal personality of their secretariats. It offers an account of the phenomenon in which an international institution provides a servicing base for an MEA that triggers a chain of legal implications involving the secretariat, the host institution, and the host country.

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Preface	p. xi
Introduction	p. 1
Institutionalizing Cooperation	p. 7
Introduction	p. 7
Organic Link	p. 7
Institutionalized Cooperation	p. 9
Institutions and Organizations	p. 12
Institution-Building Process	p. 14
Conclusion	p. 17
Multilateral Environmental Regulation	p. 19
Introduction	p. 19
Rapid Growth	p. 21
Pre-Stockholm: Limited Concerns	p. 24
Stockholm: UN Environment Programme as a Catalyst	p. 27
Rio's Contribution	p. 29
Common Concerns	p. 34
Montevideo Mandate	p. 36
Conclusion	p. 45
Nature and Character of Environmental Agreements	p. 47
Introduction	p. 47
Proliferation of Agreements	p. 48
Regulating State Behavior	p. 54
Salient Characteristics	p. 60
Sui Generis Treaties	p. 63
Softness of Hard Law	p. 69
Framework Convention Approach	p. 76
Regional Seas	p. 81
Institutional Structures	p. 86
Conference of the Parties	p. 91
Secretariats	p. 93
Conclusion	p. 95
Host Institution Arrangements	p. 97
Introduction	p. 97
Treaty Mandate	p. 98
Establishing a Secretariat	p. 101
Providing a Secretariat	p. 107
Review Provision	p. 119
Host Institution as a Secretariat	p. 121
Functions of the Host Institution	p. 124
Cost Effectiveness	p. 126
Locating the Secretariat Away from the Host Institution	p. 128
Chain of Legal Implications	p. 129
Conclusion	p. 131
Legal Status	p. 133
Introduction	p. 133
Role of the COP	p. 134
Legal Capacity/Personality	p. 136
Legal Character of Treaty Bodies	p. 140
Four Models of Secretariats	p. 142
Possibilities of Conflict	p. 158
Appointment of a Secretary-General	p. 159
Treaty-Making Power	p. 164
Headquarters Agreements	p. 166
Conclusion	p. 169
Conclusions	p. 171
Appendices
Relationship Agreements	p. 179
Delegation of Authority to the Secretary General Convention on Wetlands of International Importance Especially as Waterfowl Habitat (RAMSAR)	p. 181
Agreement between the CITES Standing Committee and the Executive Director of UNEP	p. 191
Administrative Arrangement between UNEP and the Secretariat of the CBD	p. 199
Headquarters Agreements	p. 211
Headquarters Agreement between UNESCO and France	p. 213
Agreement between the United Nations and the Republic of Kenya regarding the Headquarters of the United Nations Environment Programme	p. 231
Agreement between the Secretariat of the Convention on Biological Diversity and the Government of Canada concerning the Headquarters of the Convention Secretariat	p. 257
Agreement between the Federal Republic of Germany and the United Nations concerning the Headquarters of the United Nations Volunteers Programme	p. 271
Agreement among the United Nations, the Government of the Federal Republic of Germany, and the Secretariat of the United Nations Framework Convention on Climate Change concerning the Headquarters of the Convention Secretariat	p. 297
Agreement between the United Nations, the Government of the Federal Republic of Germany, and the Secretariat of the United Nations Convention to Combat Desertification concerning the Headquarters of the Convention Permanent Secretariat	p. 305
Agreement among the Government of the Federal Republic of Germany, the United Nations, and the Secretariat of the Convention on the Conservation of Migratory Species of Wild Animals concerning the Headquarters of the Convention Secretariat	p. 315
Index	p. 325
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Professor Bharat H. Desai holds the prestigious Jawaharlal Nehru Chair in International Environmental Law and is Professor of International Law, as well as Chairman of the Centre for International Legal Studies, at the School of International Studies of Jawaharlal Nehru University in New Delhi. As a Humboldt Fellow, he worked at the University of Bonn on the treatise Institutionalizing International Environmental Law. He is the author of Creeping Institutionalization: Multilateral Environmental Agreements and Human Security, an associate editor of the Yearbook of International Environmental Law, and Vice Chairman of the Foundation for Development of International Law in Asia.

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