A Fine Balance: Facilitation and Enforcement in the Design of a Compliance Regime or the Kyoto Protocol
University of Toronto, Faculty of Law
July, 22 2009
Tulane Environmental Law Journal, Vol. 13, 2000
This article addresses the challenges of the development of a compliance regime in the course of the negotiation of various aspects of the Kyoto Protocol. In particular, the article examines how a balance is best struck between states’ sovereignty concerns and the need for appropriate non-compliance procedures, and between facilitation and enforcement of compliance. Based on an assessment of the concerns and priorities raised in the negotiations, the article offers a basic model for the structure of a compliance regime for the Kyoto Protocol. It also provides a broader discussion of the role of legal norms and their possible influence on state behaviour.
Keywords: Kyoto Protocol, environmental lawAccepted Paper Series
Date posted: July 22, 2009
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