A Fine Balance: Facilitation and Enforcement in the Design of a Compliance Regime or the Kyoto Protocol
Posted: 22 Jul 2009
Date Written: July, 22 2009
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
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