Volume No. 7 Issue No.: 4A Page No.: 1727-1734 April-June 2013

 

LEGAL EFFECTIVENESS OF MULTILATERAL ENVIRONMENTAL TREATIES : INDIAN CONTEXT

 

Srinivas Ravindra

Center for Sustainable Development, Public Utility Building, MG Road, Bangalore (INDIA)

 

Received on : December 05, 2012

 

ABSTRACT

 

To examine the effectiveness of the national laws and institutions in implementing the Multilateral Environmental Treaties (METs). In order to assess legal effectiveness of the METs, the Points of Effectiveness (POE) have been suggested.Two sets of determinants, Legal and Non-legal (social, economic and technological) have been used to assess the impact on the points of effectiveness. Three METs viz, Montreal Protocol, Basel Convention and Kyoto Protocol have been chosen for the study. One of the most important learning from this study is the role of non-legal factors in the effective implementation of a treaty. This is where the effectiveness of the implementation frame works of the three treaties has shown wide variations. It was concluded that legal factors play an important role in the implementation of environmental treaties but when factors such as economic, technological and social are also brought under the ambit of law it makes treaty implementation more effective.

 

Keywords : Legal effectiveness, Multilateral environment treaties, Non-legal, Compliance, Points of effectiveness

 

 

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