Purpose, Scope, and Definition of Terms Used in the Compliance Chapter
The brief introductory section to the Compliance Chapter notes the flexible nature of the Guidelines and their intended purpose of assisting Governments and others in improving compliance with all MEAs, as discussed in more detail in the introductory section of this Manual. Paragraph 9 also provides two working definitions: the terms “compliance” is defined to mean the fulfillment by a Party (usually a State) of their obligations under an MEA, and the term “implementation” is defined to mean all laws, regulations, etc. that a Party adopts to achieve compliance under an MEA. The Guidelines also note that a different definition of the term “compliance” is provided under the Enforcement Chapter of the Guidelines, since the use of this term can differ, depending on the context.
While MEAs often use the terms “compliance,” “non-compliance,” and “implementation,” these terms are rarely defined in the actual text of an MEA. Sometimes, they may be defined by example in compliance guidelines, which illustrate what constitutes non-compliance. In practice, the definitions often are vague so as to reach consensus in negotiating an MEA and to maintain flexibility in evolution of an MEA. In developing the definitions, UNEP consulted with the MEA Secretariats and numerous States who are State Parties to various MEAs. Accordingly, the flexible definitions presented here and in Guideline 38
are designed to be consistent with international definitions (to the extent they exist) and usages.