Tim StaalAuthority and Legitimacy of Environmental Post-Treaty Rules
PART I ENVIRONMENTAL POST-TREATY RULES AND THEIR AUTHORITY 1. Environmental
Post-Treaty Rules: Concept and Context A. Multilateral Environmental
Agreements B. Plenary Treaty Meetings C. Rule Making by Plenary Treaty
Meetings D. The Concept of Post-Treaty Rules E. The Normative Relationship
between MEAs and Environmental Post-Treaty Rules 2. The Compartmentalised
Authority of Environmental Post-Treaty Rules A. Investigating Authority:
Three Normative Orders B. Eternal Interpretation: The Ramsar Convention and
CITES C. Closing the Gap: The Montreal and Kyoto Protocols D. Conclusion
PART II THE SOURCES OF THE AUTHORITY OF ENVIRONMENTAL POST-TREATY RULES 3.
The Silence of the Enabling Clauses: Delegated Authority and the Doctrine
of Sources A. PTRs as International Delegated Acts B. PTRs' Delegated
Authority According to the Sources of International Law C. PTRs' Delegated
Authority in the Internal Normative Orders of MEAs D. National Legal Orders
E. Conclusion 4. 'Taking into Account': Interpretive Authority and Wording
A. PTRs as Interpretive Agreements in the International Legal Order B. PTRs
as Interpretive Agreements in National Courts C. The Effect of Wording on
PTRs' Interpretive Authority D. Conclusion 5. Invisible Authority: Social
Legitimacy and Social Pressures A. Social Legitimacy and Authority B.
Social Legitimacy and Social Pressures in the Three Normative Orders C.
Conclusion PART III CRITICAL PERSPECTIVES ON THE AUTHORITY OF ENVIRONMENTAL
POST-TREATY RULES 6. Vulnerable Authority: Discretion in Domestic
Implementation and Violation of Procedural Principles A. Is Authority Based
on Social Legitimacy Different? B. Wide Governmental Discretion C.
Infringement of Fundamental Procedural Principles D. Conclusion 7.
Challenges to the Normative Legitimacy of Environmental Post-Treaty Rules
A. Input Legitimacy B. Output Legitimacy C. Conclusion
