Melbourne Law School - Theses
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ItemThe influence of conferences of the parties on the content and implementation of their parent treaties( 2021)Conferences of the Parties (‘COPs’) are intergovernmental meetings established by treaties. They are formed by representatives of all the states parties and they meet periodically to review and promote the execution of the convention that establishes them. COPs are empowered to perform several activities to achieve their objectives, such as adopting normative decisions, monitoring the implementation of measures by states parties, managing funds, and setting up subsidiary organs. The literature on COPs is not abundant and it has two main characteristics. First, it is based almost exclusively on multilateral environmental agreements adopted between the 1970s and the late 1990s. Second, it focuses on specific topics, such as the nature of COPs, the implications of COP normative activities for state consent in treaty law-making, and the legal status of COP decisions. These features reveal some gaps that deserve to be further studied. This thesis explores the ways in which COPs influence international law. It considers the following question: how do COP activities affect the content and the implementation of their parent-treaties? To provide an answer the thesis focuses on the normative activities of COPs to identify patterns in their relationship with the content and implementation of their parent treaties. The analysis is based on four case studies from different areas of international law: the WHO Framework Convention on Tobacco Control, the Convention for the Protection and Promotion of the Diversity of Cultural Expressions, the Convention on Cluster Munitions; and UN Convention Against Corruption. Building on the literature on COPs and on wider international legal scholarship, including approaches that consider ‘law and literature’ and studies of fragmentation and regime interaction, the thesis demonstrates that COP decisions develop the content and support the implementation of their parent treaties. COPs use their ‘standard-setting’ function to specify the substance of their treaty provisions. In particular, COP resolutions use this role to (i) increase what states parties must do to comply with their obligations; (ii) establish procedures and timeframes; and (iii) give content to the meaning of words and expressions in the treaty. The thesis also contends that COP decisions promote the implementation of their treaties using diverse strategies to consolidate them, strengthening their social and political position. These mechanisms are (i) momentum-building; (ii) stigmatising the adversaries of their parent treaties, including non-parties; and (ii) connecting their conventions to powerful narratives and other international legal regimes. In addition, the thesis engages with the most relevant debates in the existing literature on COPs. It argues that while the case studies do not present situations where COP resolutions bind a state without its consent, other factors support the idea that the role of state consent in treaty law-making is attenuated in the context of COP activities. Concerning the legal status of COP decisions, the thesis claims that COP resolutions can produce legal effects through more paths than assisting in the interpretation of their parent treaties. The analysis of the case studies and their connection to certain ICJ decisions reveal the existence of these alternative avenues.