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Holding countries to account: The Kyoto Protocol’s compliance system revisited after four years of experience

Holding countries to account: The Kyoto Protocol’s compliance system revisited after four years... Climate Law 1 (2010) 133–158 DOI 10.3233/CL-2010-006 IOS Press Sebastian Oberthür and René Lefeber1 I. Introduction The compliance system of the UNFCCC’s Kyoto Protocol is based on four layers of rules that have been developed in several steps. First, an enabling clause (Article 18) in the Protocol mandates the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol (CMP) to approve appropriate and effective procedures and mechanisms to determine and address cases of non-compliance. On this basis, CMP-1 approved and adopted the procedures and mechanisms relating to compliance under the Protocol (Compliance Procedures).2 The Compliance Committee, established by the Compliance Procedures, then developed, and the CMP adopted, further rules of procedure (Rules of Procedure).3 In addition, the Committee has developed working arrangements to complement and give effect to the Rules of Procedure.4 1 Sebastian Oberthür is Academic Director of the Institute for European Studies at the Vrije Universiteit Brussels (Sebastian.Oberthuer@vub.ac.be). René Lefeber is legal counsel in the International Law Division of the Netherlands Ministry of Foreign Affairs and holds a chair in International Environmental Law at the Faculty of Law of the University of Amsterdam (r.j.m.lefeber@uva.nl). They are both members of the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Climate Law IOS Press

Holding countries to account: The Kyoto Protocol’s compliance system revisited after four years of experience

Oberthür, Sebastian; Lefeber, René
Climate Law , Volume 1 (1) – Jan 1, 2010
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Publisher
IOS Press
Copyright
Copyright © 2010 by IOS Press, Inc
ISSN
1878-6553
eISSN
1878-6561
DOI
10.3233/CL-2010-006
Publisher site
See Article on Publisher Site

Abstract

Climate Law 1 (2010) 133–158 DOI 10.3233/CL-2010-006 IOS Press Sebastian Oberthür and René Lefeber1 I. Introduction The compliance system of the UNFCCC’s Kyoto Protocol is based on four layers of rules that have been developed in several steps. First, an enabling clause (Article 18) in the Protocol mandates the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol (CMP) to approve appropriate and effective procedures and mechanisms to determine and address cases of non-compliance. On this basis, CMP-1 approved and adopted the procedures and mechanisms relating to compliance under the Protocol (Compliance Procedures).2 The Compliance Committee, established by the Compliance Procedures, then developed, and the CMP adopted, further rules of procedure (Rules of Procedure).3 In addition, the Committee has developed working arrangements to complement and give effect to the Rules of Procedure.4 1 Sebastian Oberthür is Academic Director of the Institute for European Studies at the Vrije Universiteit Brussels (Sebastian.Oberthuer@vub.ac.be). René Lefeber is legal counsel in the International Law Division of the Netherlands Ministry of Foreign Affairs and holds a chair in International Environmental Law at the Faculty of Law of the University of Amsterdam (r.j.m.lefeber@uva.nl). They are both members of the

Journal

Climate Law – IOS Press

Published: Jan 1, 2010

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