Unravelling implementation patterns

Data used for analysis are from secondary sources, due to the rich existing literature on individual treaty implementation, such as Zhao Jimin’s work on the Montreal Protocol and Xue Dayuan’s publications in Chinese on the implementation of the CBD. The gap filled in this research is a much-overlooked comparative perspective of these two representative cases. Amongst others, national reports to the Ozone Secretariat and the Secretariat of the CBD will be used to map out relevant actors and groups. The official websites “Ozone Action in China” and “Biodiversity Clearing-House Mechanism of China”,28 respectively, for the Montreal Protocol and the CBD. together with the journal Biodiversity Science, which are fully accessible to the public, offer a significant amount of data in terms of scientific debate, sectoral concerns and practical issues which are overlooked in the official reports. The following part is divided into two sub-sections: procedural and substantive enforcement stakeholders and procedural and substantive compliance stakeholders. The enforcement agent refers, albeit not exclusively, to government institutions, and the compliance agent is composed of various non-govemment actors such as industries, media and the general public. In each sub-section, the Montreal Protocol and the CBD will be discussed together for the purposes of comparison and contrast.

The difference between a procedural and substantive stakeholder is determined by how directly they are related to the end of the treaties, as opposed to the means or, to use a blunter expression, pro forma activities. It is, however, possible for one single agency to cany both procedural and substantive responsibilities. For instance, the Ministry of Environmental Protection manages both substantive and procedural implementation tasks. The substantive task includes stipulations of the ODS catalogue and investigation of the data of production, import, export and consumption submitted by industries, and the procedural responsibilities are reporting to the Multilateral Fund (MLF).29

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