Compliance with Global Environmental Policy

THE GLOBAL ENVIRONMENT INSTITUTIONS, LAW AND POLICY, Second Edition, pp. 163-180, R.S. Axelrod, J.D.L Down, N.J. Vig, eds., CQ Press, 2004

Maastricht Faculty of Law Working Paper Forthcoming

11 Pages Posted: 1 Feb 2012

See all articles by Michael G. Faure

Michael G. Faure

University of Maastricht - Faculty of Law, Metro; Erasmus University Rotterdam (EUR) - Erasmus School of Law

Jurgen Lefevere

affiliation not provided to SSRN

Date Written: January 31, 2012

Abstract

In political science, legal and economic literature, there has been a lot of debate on how to achieve an optimal compliance especially with multi-lateral environmental treaties. This chapter attempts to present the literature indicating under what conditions compliance with global environmental policy can be achieved and which factors may endanger compliance. First, compliance is distinguished from other concepts such as implementation, effectiveness or enforcement. Next, sources of compliance and non-compliance are indicated. It is explained that sometimes the primary rules of a treaty regime may already induce either compliance or non-compliance. A lot of attention is paid to literature concerning the so-called "new sovereignty", promoting a more managerial approach towards environmental compliance. The Montreal Protocol on substances that deplete the ozone layer is considered as an example of such a managerial primary rule system and is hence discussed. Also, non-compliance response systems are discussed and it is shown how also the managerial approach can play a role in that respect.

Keywords: compliance, implementation, effectiveness, enforcement, multi-lateral environmental treaties, regime rules, reporting, information, Montreal Protocol, ozone layer, non-compliance

JEL Classification: K32, K33, K42

Suggested Citation

Faure, Michael G. and Lefevere, Jurgen, Compliance with Global Environmental Policy (January 31, 2012). THE GLOBAL ENVIRONMENT INSTITUTIONS, LAW AND POLICY, Second Edition, pp. 163-180, R.S. Axelrod, J.D.L Down, N.J. Vig, eds., CQ Press, 2004; Maastricht Faculty of Law Working Paper Forthcoming. Available at SSRN: https://ssrn.com/abstract=1996523 or http://dx.doi.org/10.2139/ssrn.1996523

Michael G. Faure (Contact Author)

University of Maastricht - Faculty of Law, Metro ( email )

PO Box 616
Maastricht, 6200 MD
Netherlands
+31 - 43 - 388 30 60 (Phone)
+31 - 43 - 325 90 91 (Fax)

HOME PAGE: http://www.michaelfaure.be

Erasmus University Rotterdam (EUR) - Erasmus School of Law ( email )

3000 DR Rotterdam
Netherlands

Jurgen Lefevere

affiliation not provided to SSRN ( email )

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