The Influence of Sovereign States Interests on the Development of International Environmental Law: A Comparative Analysis of the Montreal and Kyoto Protocols

This thesis examines structural tensions in the formulation of measures in Multilateral Environmental Agreements (MEAs), through a comparison between the Montreal Protocol and the Kyoto Protocol. Using the Most Similar Design approach, it questions the influence of strategic compatibility between the measures of these protocols and the strategic interests of the U.S., on the level of success of the latter. Two qualitative indices are developed: the Strategic Compatibility Index, which measures the alignment of the protocols’ commitments with the interests of the US; and a Success Index, which assesses the scientific and legal ambition of the measures adopted. These indices are based on binary coding carried out using the MAXQDA tool, supplemented in part by semi-structured interviews with experts in international environmental law. A correlation between strategic compatibility and the level of success of MEAs can be observed in both case studies. This calls for further exploration...Show moreThis thesis examines structural tensions in the formulation of measures in Multilateral Environmental Agreements (MEAs), through a comparison between the Montreal Protocol and the Kyoto Protocol. Using the Most Similar Design approach, it questions the influence of strategic compatibility between the measures of these protocols and the strategic interests of the U.S., on the level of success of the latter. Two qualitative indices are developed: the Strategic Compatibility Index, which measures the alignment of the protocols’ commitments with the interests of the US; and a Success Index, which assesses the scientific and legal ambition of the measures adopted. These indices are based on binary coding carried out using the MAXQDA tool, supplemented in part by semi-structured interviews with experts in international environmental law. A correlation between strategic compatibility and the level of success of MEAs can be observed in both case studies. This calls for further exploration of this issue and application of this method to a broader corpus. In this context, a conceptual framework is proposed: the Compatibility Trade-Off Dilemma, which refers to the tension between legal ambition and the strategic adjustments made to preserve the interests of hegemonic powers. This concept needs to be explored further in future research in the field of international environmental governance. This work aims to contribute to the deconstruction of the subordination of international environmental law to sovereign interests, at a time when environmental issues should be conceived as universal interests.Show less

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The Influence of Sovereign States Interests on the Development of International Environmental Law: A Comparative Analysis of the Montreal and Kyoto Protocols