Learning by doing. Les procédures de non-respect de la Convention d’Espoo et de son Protocole de Kiev

Abstract

The set up of an ad hoc non-compliance procedure for the Espoo Convention and its Kiev Protocol is representative of the ’ learning by doing’ method many conventional regimes have adopted. On the one hand, a reactive monitoring system is little by little developed not by means of additional conventional obligations but by using successive strata of decisions made by the Conference of the Parties. On the other hand, the non-compliance procedure is progressively fleshed out as the review of implementation and non-compliance procedures grow intertwined but also on the basis of the experience gained in the handling of potential non-compliance situations, which contributes to the progressive clarification of both the scope of the non-compliance review and the consequences a non-compliant party might face.