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Copyright (c) 2000 Ecology Law Quarterly
Ecology Law Quarterly

ARTICLE: Dispute Resolution Under the Kyoto Protocol


27 Ecology L.Q. 53


Peggy Rodgers Kalas * and Alexia Herwig **


Noncompliance and dispute resolution procedures help ensure stability with respect to international regimes, and successful dispute resolution is crucial for the fulfillment of the regime's objectives. The Kyoto Protocol (Protocol) to the Framework Convention on Climate Change (FCCC) 1 presents special challenges in designing and implementing a dispute settlement mechanism. For the first time under an international environmental treaty, the private sector and non-governmental organizations (NGOs) are expected to play a crucial role, together with nation states, in fulfilling the Protocol's objectives. For example, the Protocol expressly contemplates private sector investment in clean development mechanism (CDM) projects. 2 NGOs could also be actively involved in information gathering, monitoring, verifying, and perhaps organizing their own portfolios for CDM investments. 3 From a private investor's viewpoint, any dispute settlement procedure will need to provide effective redress and enough legal certainty to encourage investment. For NGOs, certainly in their oversight function, the ability to raise environmental and developmental concerns before a dispute settlement body is likely to be of great importance. Since noncompliance with the Protocol's environmental protection objectives affects the international community without injuring one state specifically, a question arises as to whether international organizations should be allowed to bring claims on behalf of the community.

Part I of this Article provides a brief overview of two of the flexible trading regimes envisioned under the Protocol, namely, Annex I emissions trading pursuant to Article 17 of the FCCC and the CDM established under Article 12. 4 Part II examines current ...
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