The desirability of depoliticization: Compliance in the international climate regime

Huggins, Anna (2015) The desirability of depoliticization: Compliance in the international climate regime. Transnational Environmental Law, 4(1), pp. 101-124.

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The Kyoto Protocol is remarkable among global multilateral environmental agreements for its efforts to depoliticize compliance. However, attempts to create autonomous, arm’s length and rule-based compliance processes with extensive reliance on putatively neutral experts were only partially realized in practice in the first commitment period from 2008 to 2012. In particular, the procedurally constrained facilitative powers vested in the Facilitative Branch were circumvented, and expert review teams (ERTs) assumed pivotal roles in compliance facilitation. The ad hoc diplomatic and facilitative practices engaged in by these small teams of technical experts raise questions about the reliability and consistency of the compliance process. For the future operation of the Kyoto compliance system, it is suggested that ERTs should be confined to more technical and procedural roles, in line with their expertise. There would then be greater scope for the Facilitative Branch to assume a more comprehensive facilitative role, safeguarded by due process guarantees, in accordance with its mandate. However, if – as appears likely – the future compliance trajectories under the United Nations Framework Convention on Climate Change will include a significant role for ERTs without oversight by the Compliance Committee, it is important to develop appropriate procedural safeguards that reflect and shape the various technical and political roles these teams currently play.

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ID Code: 81868
Item Type: Journal Article
Refereed: Yes
Keywords: Kyoto Protocol, Compliance System, Depoliticization, Expert Review Teams, United Nations Framework Convention on Climate Change
DOI: 10.1017/S2047102514000314
ISSN: 2047-1025
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2015 Cambridge University Press
Deposited On: 18 Feb 2015 22:56
Last Modified: 03 Sep 2015 03:10

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