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X. Compliance

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Chapter Summary

The Arbitration procedure was elaborated upon in a separate Annex at the first COP of the convention in 1989, under which special arbitral commissions could be established to examine issues in dispute. The signatories to the Montreal Protocol developed an internal mechanism which deals directly with compliance issues relating to the objectives of the Protocol, and its attempts to control ozone depleting substance (ODS). To date, no resolution of disputes have been taken under the formal procedures of the Vienna Convention, and the compliance model of the Montreal Protocol, which has stressed the goal of, 'amicable resolutions' has been the clear preference for Parties within the ozone regime. In the same manner as both the air pollution and ozone regimes, the climate change regime contains a mechanism for dealing with formal settlement of disputes between signatories to the Convention and its Protocol.

Keywords: air pollution; climate change regime; compliance model; COP; Montreal Protocol; ozone depleting substance (ODS); Vienna Convention



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