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2009

Environmental Law

Annecoos Wiersema

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The New International Law-Makers? Conferences Of The Parties To Multilateral Environmental Agreements, Annecoos Wiersema Mar 2009

The New International Law-Makers? Conferences Of The Parties To Multilateral Environmental Agreements, Annecoos Wiersema

Annecoos Wiersema

What do Conferences of the Parties (COPs) to multilateral environmental agreements contribute to international legal obligation? Much of the activity of COPs does not require the consent of every state party to the treaty to come into effect and does not provide for any form of opt-out for dissenting states; nevertheless, COPs frequently pass agreements that alter the application and scope of their treaties. This article discusses the significance of this activity – what I term consensus-based COP activity – for our understanding of the international legal system and its touchstone of state consent. Conventional categories for the sources of …