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5 Non-St. Actors & Int'l L. 1 (2005)

handle is hein.journals/nonstata5 and id is 1 raw text is: ,on-State Actors and International Law 5: 1-19, 2005, 1 C 2005 Koninklike Brill NV. Printed in the Netherlands. Reporting and Information Systems in International Environmental Agreements as a Means for Dispute Prevention - The Role of International Institutions GERHARD LOIBL Abstract. Since the first United Nations Conference on the Human Environment in 1972 the number of international environmental agreements has increased steadily. These treaties not only provide for rules con- cerning the environment, but also establish institutions that have the function to promote the implementa- tion of the agreement in question. The increase in international environmental agreements raised questions concerning the implementation of and the compliance with these rules. In this context suggestions were made to elaborate mechanisms and procedures which would further implementation and compliance and thus also would prevent disputes between Parties to international cenvironmental agreements. Reporting and infor- mation systems have become a standard element of international environmental agreements. Although there are various reasons for development it has to be acknowledged that reporting and information systems have been an important means in encouraging implementation of and compliance with international cnviron- mental agreements. But certain difficulties should not be overlooked such as the burden reporting puts on parties. In particular, the increase of reporting obligations due to the growth of international and regional environmental agreements might be a drain on a country's limited resources. Harmonisation and stream- lining reporting requirements under various environmental agreements might help to overcome some of the difficulties experienced by parties. On the other hand, reporting provisions have helped to increase trans- parency. Abroader public is informed about national measures taken in implementation of international reg- ulations by parties as well as on their effectiveness to address environmental issues. Moreover, discussion ofthe reports or synthesis reports prepared by secretariats in meetings of parties, such as the Conference of the Parties, draw the attention to shortcomings in implementation and compliance. Keywords: environmental agreements, implementation, compliance, reporting, transparency, dispute resolution, Rio Declaration I. Introduction Since the first United Nations Conference on the Human Environment in 1972 the number of international environmental agreements has increased steadily. These treaties not only provide for rules concerning the environment, but also establish institutions' that have the function to promote the implementation of the agreement in In general international environmental agreements establish a number of institutions, such as Conference of the Parties and secretariats, but do not establish international organisations. The legal impli- cations have been discussed in practice and academia. See Robin R. ChurchilliGer Ulfstein, Autonomous Institutional Arrangements in Multilateral Environmental Agreements. A Little Noticed Phenomenon in International Law, 94 AJIL (2000), 623 Ift.: Gerhard Loibl, The Proliferation of International Institutions dealing with International Environmental Matters, in: Niels M. BlokkcriHcm-y G. Schrmers, Proliferation of International Organisations Legal Issues (2001), 151 ft

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