La contribution des mécanismes de controle et de suivi au développement du droit international: le cas du Projet du Canal de Bystroe dans le cadre de la Convention d'Espoo

This contribution discusses the role of non-compliance mechanisms in developing international law. For so doing, it specifically analyses the Bystroe Canal Project case, dealt with by the non-compliance mechanism established under the Espoo Convention on Environmental Impact Assessment in a Transboundary Context. The main characteristics of these kinds of mechanisms are highlighted: first, the ascertainment of the existence of a non-compliance situation and of its reasons; second, the adoption of measures for the reestablishment of the situation before the non-compliance; third, the adoption of measures which aim at correcting the reasons at the basis of the non-compliance situation. The adoption of corrective measures allows in particular non-compliance mechanisms to contribute to the development of international law. In fact, the purpose of these measures is to reach the application of the relevant international agreement and not only the satisfaction of the State Party affected by the non-compliance situation