Treaty Bodies

Abstract

The ‘treaty bodies’ established by many multilateral environmental agreements (MEAs) represent a new form of international cooperation. These bodies, and, in particular, their ‘conferences of the parties’ (COPs), are not merely intergovernmental conferences since they are established by treaties as permanent organs and have subsidiary bodies and a secretariat. More recently, COPs have become the preferred institutional machinery for cooperation under MEAs. They have been established, for example, by global treaties addressing climate change, ozone depletion, and biodiversity as well as by regional agreements addressing acid rain in Europe and hazardous wastes in Africa. This article briefly describes COPs, their subsidiary bodies, and their secretariats. It then discusses their decision-making powers as well as their international legal personality and their implied powers. Finally, the article reflects on the applicability of treaty law and international institutional law to the activities of the COPs, the extent to which the treaty bodies in the form of COPs are unique features in international law, and whether the COPs serve their intended functions.