ions, in a growing number of fields, must be more flexible. The whole evolutionary process shows the need to negotiate in order to solve problems, rather than to adopt strict rules, understanding that some fundamental principles and rules are to be defined by determining the goals and creating an adequate framework for action. Dynamism, i.e., the adaptability and openness for change, is also a part of the innovations: this might even be one of the major contributions of global change to the evolution of international law, since it places the whole legal system in a new perspective, that of time.
B. Implications of global change for the implementation of international legal rules
Another aspect of the functions of international law, on which global change certainly has an impact, is the implementation and the enforcement of international legal rules. Indeed, the new requirements modify the tasks of states, they make it necessary to use or to create new international mechanisms for the surveillance of the implementation of such rules and they change our approach to international liability.
Quite often, international treaty rules related to environmental protection constitute an intrusion into the traditional sphere of action of states: for example, control of industrial or other activities, surveillance of the state of the environment,36 control of the exportation and importation of substances such as chemicals, waste,37 or of parts or derivatives of protected specimens of wild flora and fauna,38 etc. In all these fields state authorities must intervene in order to implement the treaty obligations and quite often this means the adoption of specific regulations in national legal systems. In a way, one might speak of a non-self-executing provision, which can be implemented only if the national legislation has adopted corresponding measures. In some cases such measures entail the designation of authorities that can deliver permits39 or ensure the contact with other national authorities.40 In certain situations penal sanctions are foreseen by treaty provisions: of course they can only be specified and enforced by corresponding national rules.41 Such methods justify the theory of one of the greatest international lawyers of the century, the late professor George Scelle, on the "dédoublement fonctionnel."42 This means that, since there is no central executive power in international law, as a rule states have to ensure this function. However, whenever they act for the implementation of international legal rules, they do it on behalf and in the name of the international community as agents of the latter.
New international mechanisms for the surveillance of the implementation of treaty obligations by states are more and more numerous and more and more used. The term "international" may signify another application of the theory of the "dedoublement fonctionnel": a surveillance exercised by a state in the name of the international community. However, most often this means that an international body ensures this task.
Article 218 of the Law of the Sea Convention is a good illustration of the first method.43 According to it, when a vessel is voluntarily within a port or at an offshore terminal of a state, that state may undertake investigations, and, where the evidence so warrants, institute proceedings in respect of any discharge from the vessel outside the internal waters, territorial sea, or exclusive economic zone of that state in violation of applicable international rules and standards.44 Such surveillance thus covers acts that take place either on the high seas or in internal waters, territorial sea, or exclusive economic zone of another state, although in the latter case the port state cannot institute proceedings against the polluter, unless it is requested to do so by the concerned state.
Another method, which is gaining more and more importance, is the use of existing international bodies or the creation of new ones for the surveillance of the implementation of international legal obigations. Initially, such mechanisms were 