【作者】郑晓欧
Abstract: Compliance lies at the heart of our understanding of multilateral environmental agreements (MEAs) and their effectiveness in addressing global environmental challenges, including biodiversity loss. There is extensive literature on the theory and practice of compliance, often drawing upon the development and experience of MEAs related to climate change, pollution and trade in endangered species. In contrast, the issue of compliance under the Convention on Biological Diversity (CBD) has received little scholarly attention. This article seeks to fill this gap by examining the norms, mechanisms and actors relevant to compliance with the CBD and its two Protocols. It demonstrates that when we talk about compliance under the CBD, we are talking about a nexus of different norms and modalities to ascertain not only treaty obligations but also “soft” law adopted in forms that are not legally binding. This complex reality calls for a more nuanced and holistic understanding of compliance, both as a legal concept and as a multilateral practice. The analysis further highlights the growing significance of non-State actors and soft law-making processes in defining what compliance is and how to promote it under the CBD.
【本文来源】Review of European, Comparative & International Environmental Law ( IF 2.3 ) Pub Date : 2025-07-15
