International Organizations and Environmental Policy

By Robert V. Bartlett; Priya A. Kurian et al. | Go to book overview

Regimes, then, are worthy of study in IL, not least because they are already part of the legal order.


NOTES
1.
Goldie ( 1962) thus introduced the concept of regimes into international law more than a decade before it was introduced into the international relations literature.
2.
These legal scholars are not just examining regimes to describe legal institutional arrangements and practices, as Goldie ( 1962) did, but they have begun to take a preliminary look at the conceptual and theoretical issues underlying regime theory.
3.
Regimes as defined in this chapter are distinct from the legal concept of "objective regimes," defined as treaties that create rights and duties for third states, such as treaty regimes for international waterways or demilitarization. Although regimes as advocated in this chapter may eventually create third party duties or lead to formal treaties, they do not necessarily do so ( Brownlie, 1990:633).
4.
Predictably, there is disagreement among regime analysts as to these meanings ( Haggard and Simmons, 1987:494).
5.
Gehring argues that technical and normative aspects of regimes are mutually reinforcing: "changing knowledge demands an adaptation of normative prescriptions, whereas agreed-upon norms induce the generation of technical knowledge" ( 1990:55).
6.
See Lang, who maintains that "treaties are . . . a major component of . . . regimes" ( 1993:118).
7.
Lipson ( 1991) states that the choice between treaties and informal agreements is not based on whether either are "legally binding," which, for Lipson, is a misleading term since states must act for themselves to enforce their bargains. Rather, states choose treaties over informal arrangements when they wish to raise "the credibility of promises by staking national reputation on adherence" ( 1991:511). Although I agree with Lipson that states must decide for themselves whether to comply with their agreements, I disagree that only formal treaties can raise the credibility of promises, since regimes can also infer a source of legal obligation.
8.
Haas, Keohane, and Levy distinguish between regimes and bureaucratic organizations, with regimes being "rule-structures that do not necessarily have organizations attached" ( 1993:5).
9.
See, for instance, Palmer, 1992; Plant, 1991; Barratt-Brown, 1991:569, and, more generally, Fisher, 1981, esp. ch. 10.
10.
An examination of the recent texts dealing with the environment and cooperation may leave one feeling somewhat pessimistic, however. This is reflected in the scope of four of the most recently published IR books on the environment and cooperation: Rowlands and Greene, 1991; Porter and Brown, 1991; Thomas, 1992; and Hurrell and Kingsbury, 1992b. Only Hurrell and Kingsbury give adequate space to the important linkage between IR and IL in environmental cooperation, although Porter and Brown make a point of defining regimes in terms of legal instruments. Rowlands and Greene allot space only to a traditional analysis of the formal legal institutions involved in environmental cooperation, and Thomas does not allude to the role of law at all, except to formal legal instruments already in place. International law, of course, with its well-

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