A Fine Balance: Facilitation and Enforcement in the Design of a Compliance Regime or the Kyoto Protocol

Posted: 22 Jul 2009

See all articles by Jutta Brunnée

Jutta Brunnée

University of Toronto, Faculty of Law

Date Written: July, 22 2009

Abstract

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 law

Suggested Citation

Brunnée, Jutta, A Fine Balance: Facilitation and Enforcement in the Design of a Compliance Regime or the Kyoto Protocol (July, 22 2009). Tulane Environmental Law Journal, Vol. 13, 2000. Available at SSRN: https://ssrn.com/abstract=1437711

Jutta Brunnée (Contact Author)

University of Toronto, Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada
416-946-7353 (Phone)
416-978-7899 (Fax)

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