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Book reviews

Book reviews level of analysis (Sections III and VI) yields a benchmark to compare how each regime navigated through basic institutional questions, relating to: (i) the mandate of the compliance body (political or legal assessment of compliance); (ii) the composition of the compliance body (independent experts or representatives of governments; geographical representation); (iii) the relationship with the political body of the regime (dependent or independent); (iv) the triggering of the mechanism and the participation of non-state actors; and (v) the availability of procedural guarantees. From these institutional options, it is possible to see how the non-compliance mechanisms under consideration tread a fine line between the political--which is understood as the desire of state parties to environmental treaties to retain control over processes and outcomes (p. 8)--and the legal. The general intent of the mechanism is plain: to bring non-complying states into the path of compliance (p. 569). The question that necessarily follows, then, is how to achieve that target: should it be through stressing the political or the legal features of the mechanism? Knowing that the appeal of the compliance mechanisms traditionally lies in their facilitative and non-confrontational solutions to compliance, the book makes the case for the importance of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Climate Law Brill

Book reviews

Climate Law , Volume 1 (2): 329 – Jan 1, 2010

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Publisher
Brill
Copyright
Copyright 2010 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1878-6553
eISSN
1878-6561
DOI
10.1163/CL-2010-016
Publisher site
See Article on Publisher Site

Abstract

level of analysis (Sections III and VI) yields a benchmark to compare how each regime navigated through basic institutional questions, relating to: (i) the mandate of the compliance body (political or legal assessment of compliance); (ii) the composition of the compliance body (independent experts or representatives of governments; geographical representation); (iii) the relationship with the political body of the regime (dependent or independent); (iv) the triggering of the mechanism and the participation of non-state actors; and (v) the availability of procedural guarantees. From these institutional options, it is possible to see how the non-compliance mechanisms under consideration tread a fine line between the political--which is understood as the desire of state parties to environmental treaties to retain control over processes and outcomes (p. 8)--and the legal. The general intent of the mechanism is plain: to bring non-complying states into the path of compliance (p. 569). The question that necessarily follows, then, is how to achieve that target: should it be through stressing the political or the legal features of the mechanism? Knowing that the appeal of the compliance mechanisms traditionally lies in their facilitative and non-confrontational solutions to compliance, the book makes the case for the importance of

Journal

Climate LawBrill

Published: Jan 1, 2010

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