Enacting and developing international environmental law - Introduction to International Environmental Law - page 68

The negotiations for the biodiversity regime and for many other regimes were arranged
and led by UNEP .

3 How is a regime fi nanced?

The fi nancing mechanism for the biodiversity regime is GEF .

4

The biodiversity regime entered into force so promptly that no intermediate solutions
were necessary. By contrast, the Espoo Convention was signed in 1991 and did not
enter into force until 1997; in this case, the parties decided to arrange signatories'
meetings of the parties to prepare for entry into force .
5 What bodies can be established by a meeting of the parties in a treaty in
order to promote the objectives of the agreement regime?
The biodiversity regime did not establish an implementation committee but the
meeting of the parties does review the regular reports from each country; the regime
has also established the Subsidiary Body for Scientifi c, Technical and Technological
Advice (SBSTTA), and various other working groups and programmes to imple-
ment the obligations vaguely expressed in the Biodiversity Convention .
6 How often does a meeting of the parties take place, and when does it
make the essential decisions?
The meeting of the parties of the biodiversity regime meets every second year, while
that of the climate regime, for instance, meets every year, and that of the Espoo
Convention, about once in three years .
7 How does a treaty regime specify the general obligations?
The biodiversity regime has adopted both non-binding guidelines and two legally
binding protocols .
8 How does an agreement regime secure compliance with its obligations?
The biodiversity regime does not have a separate body to review compliance, whereas
the Espoo Convention has a specifi c implementation committee for this purpose .
9 How are amendments made to the treaty regime?

How does a regime function between signature and entry into force?

The parties to the Convention on Biological Diversity and its protocols are encour-
aged to adopt amendments via consensus, but if this proves impossible, an
amendment can be adopted by a two-thirds majority vote. The depositary will then
submit the amendment to all parties for ratifi cation, acceptance or approval. Such
an amendment will enter into force for those who have ratifi ed it on the 90th day
after the deposit of instruments of ratifi cation, acceptance or approval by at least two
thirds of the parties .

Customary international law
The rules of customary international law have evolved gradually to refl ect the
changing international community. Before the Second World War - and before
the international law was explicitly recorded as written international agreements
after the war - customary law was considered to evolve slowly and to require
genuine action by the majority of states. The notion was that as a certain inter-
national practice is found legally binding ( opinio juris ) by the majority of states, it
gradually evolves into a legally binding rule. Such a practice shall be widespread