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Review and Adjustment Procedures Under the Climate Change Treaty Regimes

Elena Fasoli

DOI https://doi.org/10.21552/cclr/2017/3/18



This article explores the extent to which the procedures for review and adjustment contained in the climate change treaty regimes facilitate the efforts of the Parties in pursuing their final objectives. It shows that the activity of, among others, the expert review teams and the compliance mechanism respond to the need that Parties are not put at a disadvantage when, irrespective of their political will to implement their commitments, they experience difficulties in estimating and projecting the emissions. This holds true for a treaty regime which imposes obligations of result, such as the non-modifiable emission reduction targets under the Kyoto Protocol, as well as for a regime that imposes obligations of conduct, such as the nationally determined contributions under the Paris Agreement.

Elena Fasoli, Assistant Professor in International Law, University of Trento (Italy). Member of the UN-ECE Aarhus Convention Compliance Committee. I am grateful to Ms Pascale Bird from Legal Response Initiative for her comments on a previous version of this article. The usual disclaimer applies. For correspondence: <mailto:elenacristina.fasoli@unitn.it>.DOI: 10.21552/cclr/2017/3/18

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