Volume 25, Issue 4 (2021)
CLR 2021, 25(4): 69-94 |
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Airom M, Salimi Turkamani H, Musazadeh M. Challenges of the Multilateral Compliance System In the legal regime of climate change (With Emphasis on the Paris Agreement). CLR 2021; 25 (4) :69-94
URL: http://clr.modares.ac.ir/article-20-58431-en.html
URL: http://clr.modares.ac.ir/article-20-58431-en.html
1- PhD Student in International Law, Maragheh Branch, Islamic Azad University, Maragheh, Iran
2- Associate Professor, Department of Law, Shahid Madani Azarbaijan University, Tabriz, Iran ,salimi@azaruniv.ac.ir
3- Assistant Professor, Department of Law, Maragheh University, Maragheh, Iran
2- Associate Professor, Department of Law, Shahid Madani Azarbaijan University, Tabriz, Iran ,
3- Assistant Professor, Department of Law, Maragheh University, Maragheh, Iran
Abstract: (1354 Views)
One of the challenges for the international community to achieve an effective international legal regime on climate change is the conflicting interests of governmental actors in designing compliance practices. Given the disappointing experience of an authoritarian (top-down) and binding compliance system in the Kyoto Protocol, the negotiators once again faced obstacles in Paris to develop a multilateral compliance system. From a methodological point of view, this article analyzing the chronic legal challenges of the multilateral compliance system through comparing the compliance mechanisms of the UN Framework Convention and the Kyoto Protocol seeks to answer the question of what effect these challenges have had on the manner in which the Paris Agreement Compliance Mechanism is compiled. Based on the findings of this study, the Paris Agreement, in terms of "legal nature", "inclusion of contractors" and "architecture of the system of obligations", has been developed based on non-hostile, inclusive and voluntary design and in terms of compositional provisions, such as the application of the concept of transparency, has provided the relative satisfaction of the contracting parties.
Article Type: Original Research |
Subject:
Comparative Law
Received: 2022/01/5 | Accepted: 2022/07/2 | Published: 2022/08/11
Received: 2022/01/5 | Accepted: 2022/07/2 | Published: 2022/08/11
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