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Non-Compliance And Dispute Settlement

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Chapter Summary

This chapter addresses the relationship between non-compliance procedures and dispute settlements. It focuses in particular on the non-compliance mechanism under the Kyoto Protocol, but also touches on the non-compliance mechanism under the Åarhus Convention. This is very significant because it is the only one which allows members of the public to participate in environmental decision-making and to complain about non-compliance. The chapter explains the emergence of a sense that the international legal order is not any longer to be seen as a set of entirely self-contained regimes, but rather as a holistic and systemic whole. Under such a conception those who perform a traditional arbitral function have a duty not only to the parties in the proceedings before them but to the system as a whole.

Keywords: Åarhus Convention; dispute settlements; environmental decision-making; international legal order; Kyoto Protocol; non-compliance procedures



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