Responding to global warming: a legitimacy critique of the proposed Kyoto protocol compliance regime
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AbstractThis thesis responds to the problem that international environmental law is not adequately addressing global environmental degradation. The core argument is that to effectively respond to global environmental problems, nations must increase the intensity of their obligations in multilateral environmental agreements. Additionally, more demanding obligations require a strong, as well a legitimate compliance regime to secure compliance. This argument is applied to the Kyoto Protocol. The obligations in the Kyoto Protocol are significantly more onerous than those in other multilateral environmental agreements, and are backed by the most advanced compliance regime in international environmental law. This thesis evaluates the legitimacy of the compliance regime, concluding that there are several legitimacy deficits that affect the ability of the compliance regime to secure compliance with the obligations in the Kyoto Protocol. Responding to those legitimacy deficits will increase the likelihood of the Kyoto Protocol effectively responding to the problem of global warming.
Bibliography: p. 123-132