Skip to main content Accessibility help
×
Hostname: page-component-7c8c6479df-7qhmt Total loading time: 0 Render date: 2024-03-28T09:46:52.468Z Has data issue: false hasContentIssue false

8 - Facilitation of compliance

Published online by Cambridge University Press:  05 January 2012

Jutta Brunnée
Affiliation:
University of Toronto
Meinhard Doelle
Affiliation:
Dalhousie University, Nova Scotia
Lavanya Rajamani
Affiliation:
Centre for Policy Research, New Delhi
Get access

Summary

The role of facilitative approaches in promoting compliance

Standard environmental texts tend to address the issue of compliance exclusively as a question of enforcing or ensuring compliance with treaty obligations through formal and informal methods for settling disputes and monitoring compliance. With a number of environmental treaties now including a compliance procedure, the increased attention on the role of international compliance in the effective implementation and enforcement of international environmental treaties is unsurprising. As the burgeoning literature underscores, the primary objective in establishing compliance procedures is to provide, within a multilateral context, encouragement to states to comply with their treaty obligations and, in the event of non-compliance, to provide a ‘softer’ system to address non-compliance than that afforded by traditional dispute settlement procedures under general international law. In the climate change context these ‘traditional procedures’ comprise the multilateral consultative process and dispute settlement provisions of the UN Framework Convention on Climate Change (FCCC), which are extended to the Kyoto Protocol (KP) with its additional, bespoke compliance procedures. Facilitating compliance is clearly a part of this process, as the mandate of the KP’s bifurcated compliance body underscores: ‘[t]he objective of the procedures and mechanisms on compliance is to facilitate, promote and enforce compliance with commitments under the Protocol’. Practice under the first-ever compliance mechanism, established under the Montreal Protocol, reveals a particular reliance on facilitative approaches even though the Implementation Committee thereunder is not bifurcated in the manner of the Kyoto Compliance Committee.

In the climate change context, as elsewhere, there has been a tendency to equate compliance facilitation with formal (non-) compliance procedures. For example, in their guide to the climate change regime, Yamin and Depledge explain ‘provisions in the climate regime that facilitate compliance by Parties with their international commitments and, where necessary, correct cases of non-compliance’ exclusively by reference to the dispute settlement, multilateral consultative, and compliance procedures and mechanisms of the FCCC and KP. Matters such as finance, technology, and capacity building are addressed elsewhere as resources relevant for achieving the substantive commitments set out in the FCCC and KP.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

IPCCSpecial Report on Methodological and Technological Issues in Technology TransferCambridge University Press 2000Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×