IMPLEMENTING BIODIVERSITY TREATIES IN FEDERAL STATES
UNDERSTANDING POWER BALANCING CONSTRAINTS TO EFFECTIVE TREATY DELIVERY IN FEDERAL STATES
An International Law Analysis of Domestic Responses to the Ramsar Convention on Wetlands of 1971 in Germany and Australia
A paradigm shift has transpired in international treaty law, exemplified by the emergence of extensive treaty provisions governing State organisational aspects. Using the Ramsar Convention on Wetlands of 1971 as a case study, this study explores the movement toward a broader restriction of sovereignty that transcends traditional natural resource allocation. The Ramsar Convention showcases a substantive shift towards global biodiversity governance. This new type of biodiversity treaty governance disrupts the self-centred, Westphalian conception of sovereignty by requiring a wide range of State organisational adjustments from responsibility allocation to the way treaty performance is organised between different tiers of government. Structurally, the Ramsar Convention introduced a dynamic framework that aims for long-term relevance and adaptability to evolving threats to wetlands and novel scientific discoveries. This study highlights the implications of these substantive and structural features on treaty implementation, particularly in multilevel government systems. It challenges the notion of unchallenged autonomy among sub-units in federal systems by addressing intra-State issues and their ramifications for international treaty obligations. Blending doctrinal analysis with empirical legal research, this research presents the most comprehensive contemporary analysis of international treaty implementation requirements and the federal constraints that affect these domestic obligations in the realm of biodiversity treaty law. It addresses the State-specific implications and domestic hurdles in implementing a new generation of treaty structures and offers insights into cross-treaty inquiries relevant to other federated jurisdictions. Ultimately, the Ramsar Convention serves as a vital example of the complexities involved in accommodating international biodiversity law domestically in multiple government-level settings. Importantly, this work proposes practical solutions to address these challenges from an international law perspective, offering insights into the future of international biodiversity governance.