The Legal Status of NGOs in Environmental Non-Compliance Procedures: An Assessment of Law and Practice

The chapter reviews and assess the role of environmental non-governmental organisations (NGOs) in the so-called “non-compliance procedures” (NCPs) established under multilateral environmental agreements (MEAs). After having the underlying different policy issues, the chapter reviews the practice developed under several MEAs, where a trend towards non formalisation of the role and entitlement of NGOs prevails, with the noteworthy exception of the Aarhus Convention. However, practice show also that lack of formal status is not necessarily an obstacle to effective participation. It concludes that, although elements of practice seems to point at the opposite conclusion, the governmental view still prevails that NGOs participation in NCPs, with special regard to their power to initiate NCPs, may undermine the non-confrontational functioning of those procedures and bear negatively on their efficiency.