L’evoluzione del diritto internazionale dell’ambiente tra prassi successiva e interpretazione giudiziale degli accordi

In order to effectively tackle environmental problems, Multilateral en- vironmental agreements (MEAs) need to be revised and keep the pace with evolving matters and changing circumstances of a political, scientific and technical nature. This article examines the evolution of international envi- ronmental law in the context of MEAs. Practice under MEAs shows that de- cisions of their Conferences of the Parties (CoP) are a useful tool to over- come the lengthy formal amendment procedures. But what is the legal nature of these decisions? Can they be considered as subsequent agreements or practice among States’ Parties pursuant to the Vienna Convention on the Law of Treaties and used as interpretative tools? The second part addresses another related matter: how do judges take into consideration MEAs and their normative instruments? Could these decisions contribute to clarify the content of more general, broadly worded provisions of MEAs, but also of other treaties, namely in the human rights context?