JEAIL > Volume 4(1); 2011 > Issue Focus
Research Paper
Published online: May 30, 2011

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:

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License ( which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.


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

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