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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.
Introduction Jutta Brunnee, Meinhard Doelle and Lavanya Rajamani
Part I. Context:
1. The emerging post-Cancun climate regime Jennifer Morgan
2. Promoting compliance with MEAs Jutta Brunnee
3. Compliance regimes in multilateral environmental agreements Jane Bulmer;
Part II. The Kyoto Compliance System - Features and Experience:
4. Key features of the Kyoto protocol's compliance system Rene Lefeber and Sebastian Oberthuer
5. Experience with the facilitative and enforcement branches of the Kyoto compliance system Meinhard Doelle
6. Experiences with Articles 5, 7 and 8 defining the monitoring, reporting and verification system under the Kyoto protocol Anke Herold;
Part III. Compliance and the Climate Change Regime - Issues, Options and Challenges:
7. The role of non-state actors in climate compliance Eric Dannenmaier
8. Facilitation of compliance Catherine Redgwell
9. Enforcing compliance in an evolving climate regime Michael Mehling
10. Financial mechanisms under the climate change regime Haroldo Machado-Filho
11. Post-2012 compliance and carbon markets Francesco Sindico
12. Compliance and the use of trade measures Jake Werksman
13. Comparability of efforts among developed country parties and the post-2012 compliance system M. J. Mace
14. From the Kyoto protocol compliance system to MRVs: what is at stake for the European Union? Sandrine Maljean-Dubois and Anne-Sophie Tabau
15. Compliance in transition countries Christina Voigt
16. The KPS and developing countries and compliance in the climate regime Lavanya Rajamani
17. The role of dispute settlement in the climate change regime Ruth Mackenzie
18. Depoliticizing compliance Geir Ulfstein
Part IV. A Look Forward:
19. Conclusion Jutta Brunnee, Meinhard Doelle and Lavanya Rajamani
Jutta Brunnee 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 Pre-eminent 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. His teaching and research interests include climate change and environmental law. He is the author of a number of books, including From Hot Air to Action: Climate Change, Compliance and the Future of International Environmental Law. He also serves on the federal provincial environmental assessment panel for the Lower Churchill hydroelectric project in Labrador, Canada.
Lavanya 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.