Typology of International Legal Instruments

The document outlines the typology of international legal instruments, distinguishing between treaties, conventions, and agreements, and examines the structures of Multilateral Environmental Agreements (MEAs). It specifically addresses the need for a new global instrument to tackle the plastics crisis, suggesting a 'start-and-strengthen' approach and highlighting the importance of a clear mandate and flexible institutional structures.

• Under the 1969 Vienna Convention on the Law of Treaties (VCLT), a 'treaty' is defined as an international agreement between states, in written form, and governed by international law, regardless of its specific designation.
• The title of an international instrument (such as 'accord', 'convention', or 'pact') does not determine its legal nature or the scope of the International Court of Justice's jurisdiction; rather, the content and the intent of the parties to be bound are the determining factors.
• Multilateral Environmental Agreements (MEAs) generally follow one of three negotiation approaches: a substantive/targeted approach for specific problems, a framework agreement approach to create a general governance system, or a hybrid approach combining both.
• The 'start-and-strengthen' approach, often associated with framework agreements, allows states to establish a regime with moderate ambition and then adopt more specific, stringent obligations through protocols and annexes over time.
• Current governance of plastic pollution is fragmented, with no single international legal instrument primarily dedicated to it, leading more than two-thirds of UN Member States to support a new global instrument.
• For a future plastics instrument, the author recommends a combination of general principles and detailed, time-targeted, and measurable binding commitments, supported by a governing body with direct law-making powers to adopt amendments and adjustments.
• Protocols can serve different functions: some are subsidiary instruments ratified with the treaty, some are optional and independent, some concretize framework objectives, and others serve to amend or supplement former treaties.

APA

Azoulay, D., Del Castillo, A., & de Anzizu, H. (n.d.). Typology of International Legal Instruments. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2022/01/Toward-a-New-Instrument-Addressing-the-Full-Life-Cycle-of-Plastics.pdf

Chicago

Azoulay, David, Andrés Del Castillo, and Hélionor de Anzizu. Typology of International Legal Instruments. Center for International Environmental Law, n.d. https://www.ciel.org/wp-content/uploads/2022/01/Toward-a-New-Instrument-Addressing-the-Full-Life-Cycle-of-Plastics.pdf.

Wikipedia

{{cite report |last1=Azoulay |first1=David |last2=Del Castillo |first2=Andrés |last3=de Anzizu |first3=Hélionor |title=Typology of International Legal Instruments |publisher=Center for International Environmental Law |url=https://www.ciel.org/wp-content/uploads/2022/01/Toward-a-New-Instrument-Addressing-the-Full-Life-Cycle-of-Plastics.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{azoulayndtypology, author = {Azoulay, David and Del Castillo, Andrés and de Anzizu, Hélionor}, title = {{Typology of International Legal Instruments}}, institution = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2022/01/Toward-a-New-Instrument-Addressing-the-Full-Life-Cycle-of-Plastics.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }