Lost in Translation? Why Outdated Notions of Normativity in International Law Explain Germany’s Failure to Give Effect to the Ramsar Convention of 1971

Abstract

Wetlands are disappearing faster than any other ecosystem. Germany has one of the world’s highest rates of wetland losses. From a legal perspective, the significant extent of these degradations since 1976 is symptomatic of the inadequate incorporation of the Ramsar Convention into the German legal system. This article argues that the actual assessment of the requirement of a transformative act for the domestic applicability and enforceability of an international treaty is based not only on constitutional criteria, but also on a normative understanding that responsible government agencies have of a particular treaty at any given point in time. This article addresses the impact of persisting traditional notions of normativity under international law on the currently limited application and enforceability of the Ramsar Convention in Germany. Ultimately, the article contends that there is an urgent need for parliament to become involved in implementing the Ramsar Convention, not least to restore credibility when reminding other states about the treaty’s importance.