Dispute resolution under the Kyoto Protocol

Citation
Pr. Kalas et A. Herwig, Dispute resolution under the Kyoto Protocol, ECOL LAW Q, 27(1), 2000, pp. 53-134
Citations number
85
Categorie Soggetti
Law
Journal title
ECOLOGY LAW QUARTERLY
ISSN journal
00461121 → ACNP
Volume
27
Issue
1
Year of publication
2000
Pages
53 - 134
Database
ISI
SICI code
0046-1121(2000)27:1<53:DRUTKP>2.0.ZU;2-D
Abstract
The Kyoto Protocol is designed to reduce greenhouse gas emissions, while al lowing Parties to implement trading mechanisms to achieve such reductions. A compliance regime is necessary for the success of the Protocol. Given the Protocol's complexity and expected participation by non-state actors, any dispute settlement mechanism designed for such a compliance system must be flexible and provide predictability to its participants. This Article draws on existing dispute settlement models to recommend a suitable settlement m echanism It suggests a three-tiered dispute settlement system combining asp ects of an enforceable dispute resolution process, strong sanctions for non compliance, and opportunities for arbitrating disputes that arise between p rivate entities.