Early Experience with the Kyoto Compliance System: Possible Lessons for MEA Compliance System Design

Abstract

Regardless of the future of the Kyoto compliance system, much of its work will continue to be important both for the climate change regime and for other MEAs. While it is impossible to make accurate predictions about the substance of the climate change regime after 2012, it is nevertheless important to reflect on the experience with the Kyoto compliance system to date for MEA compliance generally. Adjustments to the Kyoto compliance system necessitated by post 2012 changes to the substantive obligations can, of course, only be considered once those changes are known. The central question posed in this article is therefore the following: Assuming the obligations under the climate change regime were to remain unchanged, what adjustments to the Kyoto compliance system would be warranted in light of the experience to date? In addressing this central question, the aim of this article is to help inform the design of future compliance systems under any MEAs that recognize the value of seeking to combine facilitative compliance strategies with enforcement.

Keywords: Climate Change, Compliance, Facilitation, Enforcement