JusTN0W Lecture Series - Research Conversations with Caroline Foster

Facilitative Compliance Mechanisms in Multilateral Treaties 

Abstract: The institutional machinery for attempting to help ensure the effectiveness of multilateral treaties has come with a range of problems, including compliance mechanisms’ overlap with state responsibility and international dispute settlement. However, we appear to be entering a new period with an adjusted equilibrium in the design both of multilateral treaties themselves and of their compliance mechanisms and their mandates. A central feature appears to be a turn to more purely facilitative compliance mechanisms, omitting the enforcement elements seen in earlier regimes. Taking into account that we are asking international law to play a role in various matters where countries’ interests are interdependent, e.g. climate, high seas biodiversity and exposure to pandemics, it is interesting that the overall result is a more institutionalised interconnection between international and domestic law while fully respecting treaty parties’ autonomy.

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