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  • 5 - The Advisory Procedure in Non-Compliance Procedures

  • from Part II - Specific Procedures
  • Edited by Christina Voigt, Universitetet i Oslo, Caroline Foster, University of Auckland
  • Book:
    International Courts versus Non-Compliance Mechanisms
    Published online:
    15 February 2024
    Print publication:
    22 February 2024, pp 99-120
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  • Summary

    This chapter examines the advisory procedure ascribed to some non-compliance mechanisms of multilateral environmental agreements (MEAs). Given its entirely facilitative nature, this chapter argues that the advisory procedure is an efficient implementation/compliance technique while preventing environmental harm and disputes between States. To that aim, this chapter presents three sections. First, the chapter presents a brief comparative overview of the nature of non-compliance mechanisms across MEAs. Second, it examines the architecture of the UNECE Water Convention’s advisory procedure and studies its practice in the recent Cijevna/Cem River advisory procedure (Montenegro/Albania). Third, it identifies areas of opportunity for adopting a similar advisory procedure to help improve the implementation of other existing and future multilateral agreements, such as the BBNJ Agreement, the Global Treaty on Plastics Pollution or the Pandemic Treaty.