Study On Compliance Mechanism Of Kyoto Protocol

Under international environmental law,compliance refers to the state in which contracted parties comply with its treaty obligations of international environmental treaties.Correspondingly,compliance mechanism means an organic whole of rules,guidelines and procedures set up by the relevant treaty bodies,which aims to ensure all contracted parties to comply with its obligations in the framework of international environmental treaties.Compliance mechanism is composed by three components,the primary rule system,the compliance information system and the non-compliance response system.It is a new kind of mechanism in environmental treaties,which aims to make up for the disadvantages of traditional compliance security system in international environmental treaties and to promote the compliance of environmental treaty obligations.The compliance mechanism of Kyoto Protocol means the compliance mechanism with the aim to facilitate,promote and enforce the compliance of obligations under Kyoto Protocol,which is set up by relevant treaty bodies with participation of contracted parties.The main legal sources of Kyoto Protocol compliance mechanism include the treaty obligation and meeting documents under Framework Convention on Climate Change and Kyoto Protocol,In more than one decade since the entry into force of Framework Convention on Climate Change,the Kyoto Protocol compliance mechanism evolved in four stages of development,from the entry into force of Framework Convention on Climate Change to the adoption of Kyoto Protocol,from Kyoto Protocol to Marrakesh Agreement,from Marrakesh Agreement to the entry into force of Kyoto Protocol,from the entry into force of Kyoto Protocol until now.The organization in the compliance mechanism of Kyoto Protocol can be categorized into the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol and the Compliance Committee.The Compliance Committee is composed by the Committee plenary,a bureau,a facilitative branch and an enforcement branch.The main function of the facilitative branch is to provide Parties with recommendations and advice while the main function of the enforcement branch is to ensure the compliance of quantitative emission reduction commitment by the Annex I Parties.The compliance mechanism of Kyoto Protocol is composed of three parts,the primary rule system,the compliance information system and the non-compliance response system.The primary rule system mainly includes the subject rule system and the behavior rule system;the compliance information system includes reporting system and review system; non-compliance response system includes the launch,decision-making process and response measures of non-compliance procedures.Among them,the non-compliance response system can be divided into several procedures:allocation and preliminary examination,general procedures, procedures for the enforcement branch,the expedited procedure for the enforcement branch and appeals.The advantages of the compliance mechanism of Kyoto Protocol are as follow.Firstly,it is the most comprehensive and robust compliance mechanism established by any international environmental treaties. Secondly,it mainly aims to promote compliance instead of enforcement. Thirdly,the consequences of non-compliance can be applied automatically. Finally,it works closely with the three flexible mechanisms under Kyoto Protocol.The main problems in present compliance mechanism are the consequences of non-compliance with emission reduction obligations,how to resolve the Protocol dilemma,how to coordinate with the traditional dispute settlement mechanisms.Many approach could be employed to improve the compliance mechanism of Kyoto Protocol,such as setting up a compliance fund,adopting the compliance mechanism in the form of amendment as soon as possible,combining the traditional dispute settlement mechanisms and compliance mechanism together,involving more public participation to enhance the transparency of the compliance mechanism,improving the ability of facilitative branch in the capital and technology problem.