Multilateral Environmental Agreements: Legal Status of the Secretariats

Bharat H. Desai

doi:10.1017/CBO9780511776939

The present study seeks to examine the genesis, development, and proliferation of multilateral environmental agreements (MEAs) - in-built law-making mechanisms and processes of institutionalization - and their ad hoc treaty-based status and the issue of the legal personality of their secretariats. It provides legal understanding of the location of MEA secretariats within an existing international host institution, as well as discussion of the issue of relationship agreements and interpretation of the commonly used language that triggers such relationships. It places under scrutiny the standard MEA phrase 'providing a secretariat', delegation of authority by the host institution to the head of the convention secretariat, possible conflict areas, host country agreement, and the workings of the relationship agreements. The book offers an authoritative account of the growing phenomenon in which an existing international institution provides a servicing base for MEA that, in turn, triggers a chain of legal implications involving the secretariat, the host institution, and the host country.

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Contents

Frontmatter
pp i-vi
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Contents
pp vii-x
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Preface
pp xi-xiv
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Introduction
pp 1-6
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1 - Institutionalizing Cooperation
pp 7-18
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2 - Multilateral Environmental Regulation
pp 19-46
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3 - Nature and Character of Environmental Agreements
pp 47-96
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4 - Host Institution Arrangements
pp 97-132
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5 - Legal Status
pp 133-170
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6 - Conclusions
pp 171-176
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Appendices
pp 177-178
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Part I - Relationship Agreements
pp 179-180
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I - Delegation of Authority to the Secretary General Convention on Wetlands of International Importance Especially as Waterfowl Habitat (RAMSAR)
pp 181-190
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II - Agreement between the CITES Standing Committee and the Executive Director of UNEP
pp 191-198
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III - Administrative Arrangement between UNEP and the Secretariat of the CBD
pp 199-210
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Part II - Headquarters Agreements
pp 211-212
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IV - Headquarters Agreement between UNESCO and France
pp 213-230
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V - Agreement between the United Nations and the Republic of Kenya regarding the Headquarters of the United Nations Environment Programme
pp 231-256
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VI - Agreement between the Secretariat of the Convention on Biological Diversity and the Government of Canada concerning the Headquarters of the Convention Secretariat
pp 257-270
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VII - Agreement between the Federal Republic of Germany and the United Nations concerning the Headquarters of the United Nations Volunteers Programme
pp 271-296
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VIII - Agreement among the United Nations, the Government of the Federal Republic of Germany, and the Secretariat of the United Nations Framework Convention on Climate Change concerning the Headquarters of the Convention Secretariat
pp 297-304
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IX - Agreement between the United Nations, the Government of the Federal Republic of Germany, and the Secretariat of the United Nations Convention to Combat Desertification concerning the Headquarters of the Convention Permanent Secretariat
pp 305-314
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X - Agreement among the Government of the Federal Republic of Germany, the United Nations, and the Secretariat of the Convention on the Conservation of Migratory Species of Wild Animals concerning the Headquarters of the Convention Secretariat
pp 315-324
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Index
pp 325-330
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Multilateral Environmental Agreements

Legal Status of the Secretariats

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Contents

Frontmatter
pp i-vi

Contents
pp vii-x

Preface
pp xi-xiv

Introduction
pp 1-6

1 - Institutionalizing Cooperation
pp 7-18

2 - Multilateral Environmental Regulation
pp 19-46

3 - Nature and Character of Environmental Agreements
pp 47-96

4 - Host Institution Arrangements
pp 97-132

5 - Legal Status
pp 133-170

6 - Conclusions
pp 171-176

Appendices
pp 177-178

Part I - Relationship Agreements
pp 179-180

I - Delegation of Authority to the Secretary General Convention on Wetlands of International Importance Especially as Waterfowl Habitat (RAMSAR)
pp 181-190

II - Agreement between the CITES Standing Committee and the Executive Director of UNEP
pp 191-198

III - Administrative Arrangement between UNEP and the Secretariat of the CBD
pp 199-210

Part II - Headquarters Agreements
pp 211-212

IV - Headquarters Agreement between UNESCO and France
pp 213-230

V - Agreement between the United Nations and the Republic of Kenya regarding the Headquarters of the United Nations Environment Programme
pp 231-256

VI - Agreement between the Secretariat of the Convention on Biological Diversity and the Government of Canada concerning the Headquarters of the Convention Secretariat
pp 257-270

VII - Agreement between the Federal Republic of Germany and the United Nations concerning the Headquarters of the United Nations Volunteers Programme
pp 271-296

VIII - Agreement among the United Nations, the Government of the Federal Republic of Germany, and the Secretariat of the United Nations Framework Convention on Climate Change concerning the Headquarters of the Convention Secretariat
pp 297-304

IX - Agreement between the United Nations, the Government of the Federal Republic of Germany, and the Secretariat of the United Nations Convention to Combat Desertification concerning the Headquarters of the Convention Permanent Secretariat
pp 305-314

X - Agreement among the Government of the Federal Republic of Germany, the United Nations, and the Secretariat of the Convention on the Conservation of Migratory Species of Wild Animals concerning the Headquarters of the Convention Secretariat
pp 315-324

Index
pp 325-330

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Legal Status of the Secretariats

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