Promoting Compliance in an Evolving Climate Regime

by Edited by Jutta Brunnée , Meinhard Doelle , Lavanya Rajamani

• ISBN13: 9780521136136
• ISBN10: 052113613X
• Format: Paperback
• Copyright: 2012-01-16
• Publisher: Cambridge University Press

Summary

As the contours of a post-2012 climate regime begin to emerge, compliance issues will require increasing attention. This volume considers the questions that the trends in the climate negotiations raise for the regime's compliance system. It reviews the main features of the UN Framework Convention on Climate Change and its Kyoto Protocol, canvasses the literature on compliance theory and examines the broader experience with compliance mechanisms in other international environmental regimes. Against this backdrop, contributors examine the central elements of the existing compliance system, the practice of the Kyoto compliance procedure to date and the main compliance challenges encountered by key groups of states such as OECD countries, economies in transition and developing countries. These assessments anchor examinations of the strengths and weaknesses of the existing compliance tools and of the emerging, decentralized, 'bottom-up' approach introduced by the 2009 Copenhagen Accord and pursued by the 2010 Cancun Agreements.

Author Biography

Jutta Brunne is Professor of Law and Metcalf Chair in Environmental Law at the University of Toronto. As co-author of Legitimacy and Legality in International Law: An International Account, she received the American Society of International Law's 2011 Certificate of Merit for a Preeminent Contribution to Creative Scholarship in International Law. Meinhard Doelle is an associate professor at Dalhousie University's Schulich School of Law, where he also serves as the Associate Director of the Marine and Environmental Law Institute. He teaches and writes in the areas of climate change, compliance and environmental law. Lavan Ya Rajamani is a professor at the Centre for Policy Research, New Delhi, where she writes, teaches and advises on international environmental law, in particular international climate change law and policy. She is also the Rapporteur for the International Law Association's Committee on Legal Principles Relating to Climate Change.

Table of Contents

List of contributors	p. viii
Preface	p. xi
List of abbreviations	p. xiii
Introduction: The role of compliance in an evolving climate regime	p. 1
Context	p. 15
The emerging post-Cancun climate regime	p. 17
Promoting compliance with multilateral environmental agreements	p. 38
Compliance regimes in multilateral environmental agreements	p. 55
The Kyoto compliance system: Features and experience	p. 75
Key features of the Kyoto Protocol's compliance system	p. 77
Experience with the facilitative and enforcement branches of the Kyoto compliance system	p. 102
Experiences with Articles 5, 7, and 8 defining the monitoring, reporting and verification system under the Kyoto Protocol	p. 122
Compliance and the climate regime: Issues, options, and challenges	p. 147
The role of non-state actors in climate compliance	p. 149
Facilitation of compliance	p. 177
Enforcing compliance in an evolving climate regime	p. 194
Financial mechanisms under the climate regime	p. 216
Post-2012 compliance and carbon markets	p. 240
Compliance and the use of trade measures	p. 262
'Comparability of efforts' among developed country parties and the post-2012 compliance system	p. 286
From the Kyoto compliance system to MRV: what is at stake for the European Union?	p. 317
Compliance in transition countries	p. 339
Developing countries and compliance in the climate regime	p. 367
The role of dispute settlement in the climate regime	p. 395
. Depoliticizing compliance	p. 418
A look forward	p. 435
Conclusion: Promoting compliance in an evolving climate regime	p. 437
Bibliography	p. 459
Index	p. 479
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