Do Non-State Perspectives Matter for Treaty
Ratification and Implementation? The case of the
European Consultation on the Nagoya protocol
Amandine Orsini
*
CReSPo – Research center on political science, Brussels, Belgium
ABSTRACT
This article investigates what happens when governmental actors foster the participation of
non-state actors (NSAs) in treaty ratification and implementation decisions. NSAs, being
non-governmental organizations, business groups, citizens, or research institutions, among
others, represent interests that will be ultimately impacted by policy choices. While govern-
ments have long consulted them on an ad hoc basis, a ‘deliberative turn’ happened in the
2000s to encourage their involvement, for greater legitimacy and transparency through,
among others, the use of public consultations. This proactive turn raises questions about
public consultations: are such instruments effective? Do they encourage new thinking? Do
they matter for final decisions? This article answers these questions by investigating, using
lexicometry as main research tool, the public consultation organized by the European Com-
mission in 2011 before the ratification of the Nagoya Protocol on access and benefit sharing
by the European Union in 2014. The results are mixed. Although the studied public consul-
tation favoured the expression of small national NSAs, the process remains poorly inclusive.
NSAs did not propose any fresh ideas on the access and benefit sharing issue and their final
influence on European decision-makers is blurred by the diversity of interests expressed.
Copyright © 2016 John Wiley & Sons, Ltd and ERP Environment
Received 10 June 2015; revised 03 November 2015; accepted 18 November 2015
Keywords: access and benefit sharing; European Union; lexicometry; Nagoya Protocol; non-state actors; participation; public con-
sultation; treaty implementation and ratification
Introduction
G
LOBAL ENVIRONMENTAL POLITICS IS A LIVELY POLICY DOMAIN. NEW INTERNATIONAL ENVIRONMENTAL AGREEMENTS ARE
regularly negotiated, such as, recently, the 2010 Kuala-Lumpur Nagoya Supplementary Protocol on Liability
and Redress to the Cartagena Protocol on Biosafety, the 2010 Nagoya Protocol on Access to Genetic Resources and
the Fair and Equitable Sharing of Benefits Arising from their Utilization, and the 2013 Minamata Convention
on Mercury. As a result, the issue of treaty ratification and implementation, although discussed since the early 1970s,
remains topical.
*Correspondence to: Amandine Orsini, Professor of international relations, Université Saint-Louis, Boulevard du Jardin Botanique, 43, Brussels, Bel-
gium. E-mail: amandine.orsini@usaintlouis.be
Copyright © 2016 John Wiley & Sons, Ltd and ERP Environment
Environmental Policy and Governance
Env. Pol. Gov. 26, 377–393 (2016)
Published online 29 June 2016 in Wiley Online Library
(wileyonlinelibrary.com) DOI: 10.1002/eet.1712