Normative Powers of Expert Bodies as Variables for Effective Environmental Governance
According to the previous chapter, the lawmaking competence of international institutions remains with the political bodies that represent the interests of the Member States. The stronger the science-base of the structure of these institutions is, the stronger the elements of a common will of the States could develop. In the previous chapters the book explored both traditional and progressive lawmaking techniques by various political bodies of international institutions with environmental expertise. The present chapter explores whether expert bodies of international institutions may develop legislative competences, and if yes, to what extent. The scope of the chapter is not exhaustively covers all of the expert bodies. The chapter rather provides an overview of the competences of some of the representative international institutions and aims to discover any outstanding example of an expert body with lawmaking competences. The present chapter explores the roles of the expert bodies in all of the steps of the lawmaking process, ranging from agenda-setting to review of implementation. It commences by presenting a classification of the expert bodies, depending on the type of the lawmaking-related competencies, and concludes with the evaluation of the lawmaking competences of expert bodies, if any. The main question of the chapter is whether expert bodies hold any direct lawmaking competences, it namely explores the promulgation of binding legislation, while the assumption behind the question States that if scientific bodies were given a stronger role at the regulatory stages at large, including the post-regulatory/review stages of the IEL enterprise, IEL would integrate more advanced, detailed, science-based, salient environmental provisions. It would, thus, more effectively promote the protection of our global environment.