Dealing with Compliance and Non-Compliance: The Case of the Landmine Convention

Abstract

This article examines the mechanism of compliance control of the Landmine Convention (the Ottawa Convention). Its purpose is to elucidate the process of dialogue and persuasion when it deals with compliance issues. The article deals with compliance issues relating to Articles 4 and 5 of the Convention. They provide for the obligation to destroy the stockpiled landmines and the obligation to remove and destroy the landmines in the mined areas, respectively. The study divides cases into two categories: potential non-compliance and actual non-compliance. Case studies of both categories indicate that States engage themselves in a dialogue with the rest of the States Parties, in the form of Meetings of the States Parties, Review Conferences and also in less formal fora. The dialogue leads to a formulation of realistic strategies for compliance with the obligations in question. Case studies indicate the acceptance of such strategies, both by the State Party facing the problem and the rest of the States Parties.