Kelly Gieop Na Dongguk University, Korea
College of Law, Dongguk Univ., Pil-dong 3-ga, Jung-gu, Seoul, Korea.
Corresponding Author: boulez25@naver.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
About 25 years ago, the Intergovernmental Panel on Climate Change claimed that the greenhouse gases, in particular Carbon Dioxide, are mainly responsible for global warming and its adverse effects. The claim rapidly became an absolute and incontrovertible truth regardless of countless scientific counter-evidences. Such international trend was directed to a birth of the United Nations Framework Convention on Climate Change and the Kyoto Protocol, the detailed norm to the Convention. Even to this very day, the "man-made climate change" operates as implicit prerequisite of continuing international climate conferences and international environmental law studies. The paper tries to introduce a viewpoint from the scientific skepticism towards man-made climate change and figure out the political calculations inside Kyoto Protocol. Through this, the author demonstrates that serious concern about the environment barely exists in current climate response system and attempts to adduce suggestions that should be made in future climate change conferences.
Keywords : Climate Change, Fossil Fuel, UNFCCC, Kyoto Protocol, Intergovernmental Panel on Climate Change, Global Warming, ETS, Common but Differentiated Responsibilities
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2013.6.2.10
2015년 12월 15일 화요일
Procedural Aspects of the International Legal Regime for Climate Change: Early Operation of the Kyoto Protocol's Compliance System
Osamu Yoshida University of Tsukuba, Japan
Graduate School of Humanities and Social Sciences, University of Tsukuba,1-1-1 Tennodai, Tsukuba 305-8573, Japan
Corresponding Author: yoshida@social.tsukuba.ac.jp
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
This paper examines the early operation of the Kyoto Protocol's non-compliance procedure since 2006. Several important non-compliance cases recently or currently before the Kyoto Compliance Committee of the procedures and mechanisms deserve to be analysed and discussed. As we may see, the enforcement branch of the Compliance Committee has dealt with some important cases of non-compliance; among them, from the viewpoint of interpretation or application of international environmental treaties, the question of compliance by Croatia would be particularly interesting. What must be noticed is that the Kyoto Protocol's NCP has prepared a multilateral forum which enables both the parties and the enforcement branch to base their arguments on international legal perspectives. This examination will also contribute to contested theories of compliance with international legal rules.
Keywords : Kyoto Protocol, Non-compliance Procedures, Compliance Mechanisms, Global Climate Change
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2011.4.1.02
Graduate School of Humanities and Social Sciences, University of Tsukuba,1-1-1 Tennodai, Tsukuba 305-8573, Japan
Corresponding Author: yoshida@social.tsukuba.ac.jp
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
This paper examines the early operation of the Kyoto Protocol's non-compliance procedure since 2006. Several important non-compliance cases recently or currently before the Kyoto Compliance Committee of the procedures and mechanisms deserve to be analysed and discussed. As we may see, the enforcement branch of the Compliance Committee has dealt with some important cases of non-compliance; among them, from the viewpoint of interpretation or application of international environmental treaties, the question of compliance by Croatia would be particularly interesting. What must be noticed is that the Kyoto Protocol's NCP has prepared a multilateral forum which enables both the parties and the enforcement branch to base their arguments on international legal perspectives. This examination will also contribute to contested theories of compliance with international legal rules.
Keywords : Kyoto Protocol, Non-compliance Procedures, Compliance Mechanisms, Global Climate Change
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2011.4.1.02
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