TO THE QUESTION OF NON-COMPLIANCE MECHANISMS UNDER MULTILATERAL ENVIRONMENTAL AGREEMENTS

Abstract

The purpose of this article is to reveal the essence, identify the causes and determine the characteristics of non-compliance mechanisms under multilateral agreements on environmental protection.Nowadays the issue of non-compliance with multilateral environmental agreements occupies one of the key places among the largest problems of international environmental law. Although some multilateral environmental agreements are accepted by most states and are considered universal, they still do not have the desired effect on the environment. This is due to a number of reasons which we are going to discuss in this article.The relevance and importance of the article is based on the following factors: 1) international environmental law is relatively new and dynamically developing; 2) almost complete lack of thorough and systematic study of theoretical and practical aspects of non-compliance mechanisms under multilateral environmental agreements in the domestic science of international law; 3) there is no single approach to understanding the concept and characteristics of non-compliance mechanisms under multilateral environmental agreements; 4) the need to raise the level of environmental legal awareness of both members of the public and those who make daily decisions in the field of environmental protection. Taking into consideration that Ukraine is a party to many international environmental agreements, the study of non-compliance mechanisms is important for both Ukrainian legal science and for the international legal practice of Ukraine.In this regard, an analysis of researches of well-known scientists such as V. Butkevych, V. Mytsyk, O. Zadorozhniy, I. Lukashuk, V. Suvorova, M. Buromensky, O. Tiunov, M. Ushakov was conducted. Problems of non-compliance mechanisms under multilateral environmental agreements have been the subject of researches by some Ukrainian (M. Medvedieva, A. Andrusevych, N. Andrusevych, S. Kravchenko) and foreign (E. Weiss, T. Crossen, K. Raustil, M. Fitzmaurice, J. Brunni, G. Lobble, O. Yoshida, O. Stoke, G. Wiser) scientists.The methods used in the writing of the work are formal-logical, comparatively legal, formal-legal, systematic method.In the article we have given the definition of non-compliance mechanisms under multilateral environmental agreements, identified its causes and main characteristics.