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Multilateral Environmental Agreements

Multilateral Environmental Agreements Legal Status of the Secretariats

Author: Bharat H. Desai
Publisher: Cambridge University Press
ISBN: 9781107610514
Published In: July 2013
Format: Paperback , 346 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The present 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 provides legal understanding of the location of MEA secretariats within an existing international host institution, as well as discussion of the issue of relationship agreements and interpretation of the commonly used language that triggers such relationships. It places under scrutiny the standard MEA phrase 'providing a secretariat', delegation of authority by the host institution to the head of the convention secretariat, possible conflict areas, host country agreement, and the workings of the relationship agreements. The book offers an authoritative account of the growing phenomenon in which an existing international institution provides a servicing base for MEA that, in turn, triggers a chain of legal implications involving the secretariat, the host institution, and the host country.

• Provides an authoritative account of the multilateral regulatory process in the field of environment

• Provides incisive and in-depth understanding of the 'host institution arrangements'

• Examines in great detail the simmering issue of 'legal status' of the convention secretariats

Preface	xi
Introduction	1
1 Institutionalizing Cooperation	7
Introduction	7
Organic Link	7
Institutionalized Cooperation	9
Institutions and Organizations	12
Institution-Building Process	14
Conclusion	17
2 Multilateral Environmental Regulation	19
Introduction	19
Rapid Growth	21
Pre-Stockholm: Limited Concerns	24
Stockholm: UN Environment Programme as a Catalyst	27
Rio's Contribution	29
Common Concerns	34
Montevideo Mandate	36
Conclusion	45
3 Nature and Character of Environmental Agreements	47
Introduction	47
Proliferation of Agreements	48
Regulating State Behavior	54
Salient Characteristics	60
Sui Generis Treaties	63
Softness of Hard Law	69
Framework Convention Approach	76
Regional Seas	81
Institutional Structures	86
Conference of the Parties	91
Secretariats	93
Conclusion	95
4 Host Institution Arrangements	97
Introduction	97
Treaty Mandate	98
Establishing a Secretariat	101
Providing a Secretariat	107
Review Provision	119
Host Institution as a Secretariat	121
Functions of the Host Institution	124
Cost Effectiveness	126
Locating the Secretariat Away from the Host Institution	128
Chain of Legal Implications	129
Conclusion	131
5 Legal Status	133
Introduction	133
Role of the COP	134
Legal Capacity/Personality	136
Legal Character of Treaty Bodies	140
Four Models of Secretariats	142
Possibilities of Conflict	158
Appointment of a Secretary-General	159
Treaty-Making Power	164
Headquarters Agreements	166
Conclusion	169
6 Conclusions	171
Appendices	177
Part I Relationship Agreements	179
I Delegation of Authority to the Secretary General Convention on Wetlands of International Importance Especially as Waterfowl Habitat (RAMSAR)	181
II Agreement between the CITES Standing Committee and the Executive Director of UNEP	191
III Administrative Arrangement between UNEP and the Secretariat of the CBD	199
Part II Headquarters Agreements	211
IV Headquarters Agreement between UNESCO and France	213
V Agreement between the United Nations and the Republic of Kenya regarding the Headquarters of the United Nations Environment Programme	231
VI Agreement between the Secretariat of the Convention on Biological Diversity and the Government of Canada concerning the Headquarters of the Convention Secretariat	257
VII Agreement between the Federal Republic of Germany and the United Nations concerning the Headquarters of the United Nations Volunteers Programme	271
VIII 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	297
IX 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	305
X 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	315
Index	325