Framework Conventions as Regulatory Tools

Goettingen Journal of International Law, Vol. 1, No. 3, pp. 439-458, 2009

21 Pages Posted: 14 Jan 2010

See all articles by Nele Matz-Lück

Nele Matz-Lück

Max Planck Institute for Comparative Public Law and International Law

Date Written: December 18, 2009

Abstract

The adoption of framework conventions is a relatively recent phenomenon in international law and has mainly been employed in the field of interna-tional environmental law. According to the so-called “framework convention and protocol approach” parties agree on a more general treaty, the framework convention, and more detailed protocols to fill out the room left for specific regulations. While there are no legal definition and fixed models for framework conventions, they have certain characteristics in common. Namely the formulation of the objectives of the regime, the establishment of broad commitments for its parties and a general system of governance are assigned to the framework, while more detailed rules and the setting of spe-cific targets are left to either parallel or subsequent agreements between the parties. This regulatory technique has certain benefits compared to single “piecemeal” treaties in international law. Yet, framework conventions and protocols are subject to the law of treaties and relevant practice and thus not per se easier to negotiate or more flexible than other agreements.

Keywords: treaties, framework conventions, protocols, international environmental law

Suggested Citation

Matz-Lück, Nele, Framework Conventions as Regulatory Tools (December 18, 2009). Goettingen Journal of International Law, Vol. 1, No. 3, pp. 439-458, 2009. Available at SSRN: https://ssrn.com/abstract=1535892

Nele Matz-Lück (Contact Author)

Max Planck Institute for Comparative Public Law and International Law ( email )

Im Neuenheimer Feld 535
Heidelberg, 69120
Germany

HOME PAGE: http://www.mpil.de

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