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- Title
OS COMITÊS DE COMPLIANCE COMO INSTRUMENTO DE IMPLEMENTAÇÃO DOS TRATADOS INTERNACIONAIS DE PROTEÇÃO AO MEIO AMBIENTE: UMA ANÁLISE À LUZ DOS PROTOCOLOS DE NAGOIA E CARTAGENA.
- Authors
MACEDO D'ISEP, CLARISSA FERREIRA; CORDEIRO LIMA, JOÃO EMMANUEL; MAMEDE MASSERAN, JORGE ALBERTO
- Abstract
Objective: to evaluate the role and effectiveness of compliance committees for the implementation of the Nagoya and Cartagena Protocols. Methodology: the hypothetical-deductive method is adopted, using documents as sources (especially minutes of committee meetings), legislation and bibliography composed of specialized doctrine. Results: it was found that compliance committees have three main functions: (i) to provide support to States that seek them out to assist them in fulfilling their international obligations; (ii) to analyze specific cases of non-compliance submitted to its evaluation; and (iii) to examine systemic non-compliance issues that come to its attention. Despite this, in practice, almost all of its work has been dedicated to this last function, with no effective performance of the first two, which undermines its effectiveness as an instrument for implementing the treaties. Contributions: to encourage discussions regarding the usefulness of compliance committees and the need to adopt measures so that they become more effective as a mechanism for implementing the Nagoya and Cartagena Protocols.
- Subjects
CARTAGENA (Spain); NAGOYA-shi (Japan); INTERNATIONAL obligations; BIBLIOGRAPHY; MEETING minutes; NONCOMPLIANCE; TREATIES; CIVIL disobedience
- Publication
Revista Jurídica (0103-3506), 2022, Vol 4, Issue 71, p929
- ISSN
0103-3506
- Publication type
Article