Ajou University repository

다자간 환경협정체제 당사자총회와 그 결정에 관한 소고
Citations

SCOPUS

0

Citation Export

Publication Year
2020-06
Journal
국제법평론
Publisher
국제법평론회
Citation
국제법평론 No.56, pp.123-156
Keyword
International Environmental LawsMEACOPCOP Decisions국제환경법다자간 환경협정체제당사자총회당사자총회 결정
Abstract
As a supreme body of Multilateral Environmental Agreements(MEAs), Conference of the Parties(COP) has played a key roles in implementing of MEAs. While COP decisions can be one of internal laws in terms of traditional international laws, COP decisions affect rights and obligation of parties through providing substance and enforceable obligation to the parties. When the traditional criteria of legal binding forces are applied to COP decisions, COP decisions are documents not entailing binding consequence. In other words, according to the traditional opinion, COP decisions are considered as gentlemen’s agreements or soft laws which have no legal binding force. However, this paper argues additional criteria, which are appropriate to the MEAs as special regime in terms of autonomous institutional arrangement, self-contained regime and quasi-international organization, shall be applied in consideration of the legal binding force of COP decision such as decision making process and decision making authority which provided in the MEAs. When the additional criteria of legal binding forces are applied to COP decision, some of COP decisions which are adopted in consensus and are adopted in majority rules with explicit authority are entailed to binding consequence. Consequently, some parties not voting for the COP decision are also subject to be enforced by the COP decision. This is abnormal to the state voluntarism based on the sovereignty doctrine. However, the unique role of COP and COP decision in special regime of the MEAs for international cooperation shall be considered in order to understand currents practice of COP decision in MEAs.
ISSN
1226-7880
Language
Kor
URI
https://aurora.ajou.ac.kr/handle/2018.oak/35230
Type
Article
Show full item record

Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.

Related Researcher

So, Byung-Chun Image
So, Byung-Chun소병천
Graduate School of Law School
Read More

Total Views & Downloads

File Download

  • There are no files associated with this item.