Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-ttngx Total loading time: 0 Render date: 2024-05-03T01:15:51.829Z Has data issue: false hasContentIssue false

Introduction

Published online by Cambridge University Press:  05 September 2013

Bharat H. Desai
Affiliation:
Jawaharlal Nehru University
Get access

Summary

There is an active link between development of law and the institutional mechanisms that emerge from it. In this context, the establishment of a multilateral regulatory approach in the field of environment is no exception.

The process of centralized legalization concerning sectoral environmental problems has almost been institutionalized, especially in the past three decades. Despite the fact that this multilateral lawmaking modus operandi has worked in a piecemeal, ad hoc, and sporadic manner, it has contributed in thickening the web of treaties as the most important source of international environmental law. It has emerged as a “predominant method” of regulating state behavior on a global problematique. Unlike the traditional method of resorting to development of a customary norm, states revert to treaties for the sake of, among other goals, convenience and certainty of the law, as warranted by the contingencies of a specific issue.

It appears that lawmaking on environmental issues is greatly facilitated through treaties because of scientific uncertainties and the sense of urgency involving environmental matters. As a result, multilateral environmental agreements (MEAs) have emerged as a unique technique, with flexibility, pragmatism, a built-in lawmaking mechanism, as well as a consensual approach to norm setting. MEAs are also regarded as part of a broader trend of an “increasingly more complex web of international treaties, conventions, and agreements.”

Treaty making on environmental issues has developed into a practice largely because of the inclination of states to resort to multilateralism in addressing global problems.

Type
Chapter
Information
Multilateral Environmental Agreements
Legal Status of the Secretariats
, pp. 1 - 6
Publisher: Cambridge University Press
Print publication year: 2010

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

,United Nations University, Inter-Linkages: Synergies and Coordination between Multilateral Environmental Agreements (Tokyo: UNU, 1999), pp. 5 and 8Google Scholar
Schechter, Michael G., “International Institutions: Obstacles, Agents, or Conduits of Global Structural Change?” in Schechter, Michael G., Innovation in Multilateralism (Tokyo: UNU, 1999), p. 3CrossRefGoogle Scholar
“To Treaty or Not to Treaty? A Survey of Practical Experience,” in Sand, Peter H., Transnational Environmental Law: Lessons in Global Change (The Hague: Kluwer Law International, 1999), pp. 55–60Google Scholar
Desai, Bharat H., Institutionalizing International Environmental Law (New York: Transnational Publishers, 2004)Google Scholar
Kiss, Alexandre and Shelton, Dinah, International Environmental Law: 1994 Supplement (New York: Transnational, 1994), p. 1Google Scholar
Weiss, Edith Brown, “The Five International Treaties: A Living History,” in Weiss, Edith Brown and Jacobson, Harold K. (Eds.), Engaging Countries: Strengthening Compliance with International Environmental Accords (Cambridge: MIT Press, 1998), p. 89Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Introduction
  • Bharat H. Desai, Jawaharlal Nehru University
  • Book: Multilateral Environmental Agreements
  • Online publication: 05 September 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9780511776939.002
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Introduction
  • Bharat H. Desai, Jawaharlal Nehru University
  • Book: Multilateral Environmental Agreements
  • Online publication: 05 September 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9780511776939.002
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Bharat H. Desai, Jawaharlal Nehru University
  • Book: Multilateral Environmental Agreements
  • Online publication: 05 September 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9780511776939.002
Available formats
×