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Reflections on International Environmental Adjudication: International Adjudication Versus Compliance Mechanisms in Multilateral Environmental Agreements

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This chapter describes the general trend in Multilateral Environmental Agreements (MEA) towardsMultilateral Environmental Agreements (MEA) the establishment of managerial compliance mechanismsCompliance mechanisms, and discusses their main institutional and procedural features, before assessing their overall performance. This overview of compliance mechanisms in global MEAMultilateral Environmental Agreements (MEA) will in turn provide the backdrop for reflecting on some of the recent developments in the case law of the ICJ. It argues that Whaling in the Antarctic sheds light on some of the issues that may have kept States from bringing claims based on multilateral treaties before international courts—yet challenges remain for adjudicating international environmental disputes through international courts and tribunals. The chapter concludes with some reflections about the distinctive roles and potential complementarities between international environmental adjudication and regime-internal managerial compliance control in the broader picture of global environmental governance.

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