Abstract

Abstract This article concerns the likelihood that decisions adopted at conferences of the parties (COPs) to multilateral environmental agreements will influence the behaviour of States Parties. Relying upon a theory emphasising the importance of rational persuasion of decisions and the legitimacy of decision-making processes, this article explains how choices concerning the preparation of delegates and then participation of delegations at plenary meetings of the parties to environmental treaties might enhance the likelihood of those decisions having a positive effect upon the actions of States Parties. This is done using a case study of the UK delegation to a meeting of the parties to the 1971 Ramsar Convention on Wetlands of International Importance. That case study also provides examples of potentially positive modalities adopted by the UK, while also revealing suspected concerns for the future surrounding retention of experienced delegates and the impact of Brexit.

Highlights

  • This paper argues that the rules, customs, and tactics shaping the way a given State selects and prepares delegates to represent it at conferences of the parties (COPs) to multi-lateral environmental agreements (MEAs), and how that delegation participates in these plenary meetings, has the potential to impact upon the likelihood of the decisions collectively agreed at COPs being followed by that State Party

  • Desk-based research had already revealed that DEFRA elected to send four delegates to COP11 to represent the UK, three had experience of previous Ramsar plenary meetings, and one of the three had attended all of the preceding five COPs dating back to 1996

  • This paper has explained that decisions taken by the COP to Ramsar, in common with many other MEAs, are crucial for the effective operation of the regime

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Summary

Introduction

This paper argues that the rules, customs, and tactics shaping the way a given State selects and prepares delegates to represent it at conferences of the parties (COPs) to multi-lateral environmental agreements (MEAs), and how that delegation participates in these plenary meetings, has the potential to impact upon the likelihood of the decisions collectively agreed at COPs being followed by that State Party. The framework is applied to the UK’s internal modalities This highlights the practices that might have increased the persuasiveness of the decisions taken at the COP in question. The outcome of this analysis replaces a number of intuitive beliefs about best practice for internal modalities (largely concerning delegate experience and appropriate consultation) with evidence and concrete examples from a case study. The Ramsar Convention ee Wetlands provide valuable ecosystem services including fertile habitat for biodiversity, flood control, water purification, and carbon storage Their continued provision has long been threatened by, inter alia, drainage in response to public health concerns, agricultural or urban development, and inappropriate water management.. Michael Bowman, ‘The Ramsar Convention on Wetlands: Has it Made a Difference’ (2002) Yearbook of International Co-operation on Environment and Development 61, 61

Substantive Obligations
Implications for the COP and this Study
Internal Modalities and Methods
A Theory of Decision Influence
Rational persuasion
Legitimacy
The UK’s Internal Modalities for COP11
Populating Delegations
Desk-based findings
Findings from the interviews
Pre-COP Preparation
Participation in Negotiations
Procedures and Impoverished
The UK’s Internal Modalities For COP11 and the Likelihood of UK Compliance
Input legitimacy
Output legitimacy
Rational Persuasion
Conclusion
Full Text
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