The Role of Non-State Actors in Climate Compliance
Indiana University Robert H. McKinney School of Law
April 7, 2011
A COMPLIANCE SYSTEM FOR THE INTERNATIONAL CLIMATE CHANGE REGIME, Jutta Brunnée, et al., eds., Cambridge University Press, 2011
This chapter examines the role of non-state actors in promoting compliance with climate change instruments and finds that their contribution has been substantial. Non-state actors are proven enforcers – sometimes more effective than states. Climate cases brought by non-state actors to non-climate institutions help to demonstrate this point, and effective mechanisms for non-state access to compliance are modeled within multilateral environmental agreements ranging from Aarhus to NAFTA. The author argues that the role of non-state actors should be expanded as climate change frameworks evolve and compliance mechanisms are strengthened. Leaving the public without standing within formal enforcement mechanisms misses a critical opportunity to promote compliance.
Number of Pages in PDF File: 37
Keywords: Climate Change, Compliance, Non-State Actors, Climate Governance, International Environmental Law, Public Participation, Copenhagen, Kyoto Protocol, Non-Governmental Organization, NGO
JEL Classification: K32, K33
Date posted: April 10, 2011
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