Multilevel regime interaction in international law Utrecht Centre for Water, Oceans and Sustainability Law (UCWOSL) Multilevel regime interaction in international law Nikolaos Giannopoulos Sustainable Ocean Accommodating New Interests at Sea: Legal Tools for Sustainable Ocean Governance 19 December 2016 Sustainable Ocean | Accommodating New Interests at Sea: Legal Tools for Sustainable Ocean Governance
From regime conflicts to regime interaction Utrecht Centre for Water, Oceans and Sustainability Law (UCWOSL) From regime conflicts to regime interaction Global problems are regulated by a patchwork of international, transnational and regional regimes. Traditional international legal literature: interpretation and reconciliation of treaty conflicts Regime interaction literature: exploitation of synergies between regimes 19 December 2016 Multilevel regime interaction in international law
What is the definition of “regimes”? Utrecht Centre for Water, Oceans and Sustainability Law (UCWOSL) What is the definition of “regimes”? Regime: Non-legal term Different meaning in diverse literatures ICJ (1980) : “self-contained” regimes (Tehran hostages case) ILC (2006): “special regimes” 19 December 2016 Multilevel regime interaction in international law
Broader definition of regimes in recent literature Utrecht Centre for Water, Oceans and Sustainability Law (UCWOSL) Broader definition of regimes in recent literature Pulkowksi: arrangements promoting societal goals Young: “sets of norms, decision-making procedures and organizations coalescing around functional issue-areas and dominated by particular modes of behavior, assumptions and biases” Inclusion of: All relevant actors Wider variety of normative production Decision making processes 19 December 2016 Multilevel regime interaction in international law
Utrecht Centre for Water, Oceans and Sustainability Law (UCWOSL) Regime interaction Normative cross-fertilization and institutional collaboration Interactions can be: a) conflicting, b) synergetic, c) neutral Factors influencing interactions (Young): Laws developed in different times Different institutional structures Not uniform ratification by states Divergent (and sometimes competing) interests 19 December 2016 Multilevel regime interaction in international law
Regime interaction in different forms Utrecht Centre for Water, Oceans and Sustainability Law (UCWOSL) Regime interaction in different forms Young: Interactions take place in: i. disputes, ii. law making, iii.implementation Pulkowski: regime interactions in three characteristic dimensions: Interaction of goals Interaction between institution Interaction between legal norms Multilevel regime interaction in international law 19 December 2016
Legal Risks of Regime Interaction Utrecht Centre for Water, Oceans and Sustainability Law (UCWOSL) Legal Risks of Regime Interaction Interaction between regimes with/without state consent Risks from regime interaction without formal arrangements: 1. stay may be drawn into regimes they are not parties 2. regime might overreach its mandate 3. entrenching of certain priorities and interests 4. transfer of problematic issues Expressed concern about “managerialism” 19 December 2016 Multilevel regime interaction in international law
Legal framework for regime interaction Utrecht Centre for Water, Oceans and Sustainability Law (UCWOSL) Legal framework for regime interaction Multiple legal bases: I. Parallel membership II. Mutual Agreements III. Institutional Arrangements (implied powers doctrine) Accountable regime interaction: checks and balances Procedural safeguards (openness, transparency, reason giving) IGOs as gatekeepers of accountability and legitimacy 19 December 2016 Multilevel regime interaction in international law
Thank you for your attention! Utrecht Centre for Water, Oceans and Sustainability Law (UCWOSL) Thank you for your attention! 19 December 2016 Multilevel regime interaction in international law