The Power of Subnational Actors in Enforcement of the Convention on Long-Range Transboundary Air Pollution

Authors

Wendy Erickson

Abstract

The Geneva Convention on Long-Range Transboundary Air Pollution (CLRTAP) was adopted in 1979 and continues to serve as the preeminent international framework for transboundary air pollution. The international community has used a range of multilateral and bilateral cooperative arrangements to address international movement of harmful pollutants. Each has had to contend with the issue of ensuring compliance among party States. CLRTAP faces challenges in addressing transboundary pollution in non-Western countries despite clear evidence that air pollution is harmful to human health and technological developments that enable more accurate tracking of pollutants. In the absence of a model assigning liability for transboundary air pollution to States, the involvement of subnational actors in the enforcement of CLRTAP is crucial. Subnational actors—regions, states (as opposed to nation-states), provinces, cities, and nongovernmental entities—have been a leading influence in environmental protection and climate change action. Literature addressing the use of subnational actors has been broadly applied to climate change issues. The related field of transboundary air pollution could benefit from a similar examination of the importance of subnational actors in enforcement mechanisms. This note seeks to understand the role of subnational actors within the implementation of the 1979 Geneva Convention on Long Range Transboundary Air Pollution and suggests a cooperative approach wherein the significance of subnational actors is recognized and they are utilized to encourage compliance with CLRTAP and the globalization of its goals. Part I briefly outlines the history of CLRTAP and the effect of subsequent updates to the framework. Part II addresses the problem of ensuring enforcement with international legal treaties without the participation of subnational actors and analyzes deficiencies within the current CLRTAP liability framework, particularly the lack of compliance and implementation within Eastern Europe, the Caucasus, and Central Asia (EECCA countries). This analysis draws on existing models of compliance for participation of States in international legal frameworks. Part II also advocates for the expansion of the role of subnational actors in the implementation of transboundary pollution agreements through increased public access to information as well as engagement between international, national, and sub-national actors. This paper concludes that robust participation of subnational actors in CLRTAP is crucial for encouraging implementation of and compliance with the convention in EECCA countries.

Volume

34

Issue

1

Recommended Citation

Erickson, Wendy (2025) "The Power of Subnational Actors in Enforcement of the Convention on Long-Range Transboundary Air Pollution," Minnesota Journal of International Law: Vol. 34: Iss. 1, Article 5.
Available at: https://scholarship.law.umn.edu/minn-jrnl-intl-law/vol34/iss1/5