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Aprašymas
International environmental obligations are addressed to "the state" -- but in federal systems, no single authority answers for them. Biodiversity Treaty Law Beyond Westphalia examines this gap through the Ramsar Convention on Wetlands and its implementation in Germany and Australia. Carina Bury identifies a recurring pathology, the State Organisational Vacuum, in which divided competence leaves treaty implementation unowned, and maps its forms through a typology of underlap, overlap, and asymmetry. Reading the pacta sunt servanda rule (Article 26 VCLT) together with the primacy of treaty obligations over internal law (Article 27), she argues that the rule is more demanding than commonly assumed: imbued with due diligence, it requires federal states not merely to implement their commitments, but to choose appropriate measures and to revisit them over time.
International environmental obligations are addressed to "the state" -- but in federal systems, no single authority answers for them. Biodiversity Treaty Law Beyond Westphalia examines this gap through the Ramsar Convention on Wetlands and its implementation in Germany and Australia. Carina Bury identifies a recurring pathology, the State Organisational Vacuum, in which divided competence leaves treaty implementation unowned, and maps its forms through a typology of underlap, overlap, and asymmetry. Reading the pacta sunt servanda rule (Article 26 VCLT) together with the primacy of treaty obligations over internal law (Article 27), she argues that the rule is more demanding than commonly assumed: imbued with due diligence, it requires federal states not merely to implement their commitments, but to choose appropriate measures and to revisit them over time.
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