Structure and Elements of International Legal Instruments
Summary
This fact sheet by the Center for International Environmental Law (CIEL) analyzes different structures of international legal instruments—substantive, hybrid, and framework conventions—to provide recommendations for the development of a future plastics treaty.
Key insights
- International legal instruments are categorized into three primary structures: substantive conventions, which have specific obligations and can produce immediate impact; framework conventions, which set broad goals and leave specific obligations to future protocols; and hybrid conventions, which combine elements of both, often using protocols and annexes to complement a core set of provisions.
- Framework conventions often achieve higher initial participation because they lack meaningful obligations, but they can significantly delay the implementation of concrete obligations compared to substantive treaties.
- CIEL recommends that the future plastics treaty be a substantive treaty with clear national obligations, explicitly advising against a framework convention as it would delay urgent action. The document also suggests that INC Members should avoid weakening the treaty to achieve universal ratification.
- The use of annexes is identified as the most efficient method for strengthening a treaty over time, provided the treaty first establishes concrete obligations. The document cites the Montreal Protocol as a success due to its binding obligations and the use of amendments and adjustments to phase out substances rapidly.
- The document provides historical examples of treaty challenges, such as the Kyoto Protocol, which met emissions goals but failed to stop global emissions increases because major emitting Parties did not join or were not required to reduce emissions, and the Rotterdam Convention, where a requirement for consensus on adding substances to an annex hindered effectiveness.
Cite the original document
- APA
- Center for International Environmental Law (2024). Structure and Elements of International Legal Instruments. https://www.ciel.org/wp-content/uploads/2024/10/Visual_Structures-and-Elements-of-International-Legal-Instruments.pdf
- Chicago
- Center for International Environmental Law. Structure and Elements of International Legal Instruments. 2024. https://www.ciel.org/wp-content/uploads/2024/10/Visual_Structures-and-Elements-of-International-Legal-Instruments.pdf.
- Wikipedia
- {{cite report |author=Center for International Environmental Law |title=Structure and Elements of International Legal Instruments |date=2024 |url=https://www.ciel.org/wp-content/uploads/2024/10/Visual_Structures-and-Elements-of-International-Legal-Instruments.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{centerforinternationalenvironmentallaw2024structure, author = {{Center for International Environmental Law}}, title = {{Structure and Elements of International Legal Instruments}}, institution = {Center for International Environmental Law}, year = {2024}, url = {https://www.ciel.org/wp-content/uploads/2024/10/Visual_Structures-and-Elements-of-International-Legal-Instruments.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }
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