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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 IOS Press

Book reviews

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

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Publisher
IOS Press
Copyright
Copyright © 2010 by IOS Press, Inc
ISSN
1878-6553
eISSN
1878-6561
DOI
10.3233/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 LawIOS Press

Published: Jan 1, 2010

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