The Kyoto Protocol’s compliance mechanism

The Kyoto Protocol provides for a very sophisticated compliance mechanism to address cases of non-compliance with reporting and substantive commitments relating to climate change. The legal basis of the mechanism is found in art. 18 of the Kyoto Protocol. More specific rules for its functioning have been further developed by decisions of the plenary body and of the Compliance Committee. This chapter examines the institutional and procedural aspects of this mechanism that show unprecedented features of impartiality, due process and effectiveness. Furthermore, it analyses the practice of the Compliance Committee until the beginning of 2015 in facilitating and enforcing compliance and highlights its strengths and weaknesses, stressing the importance of this review system also in view of the future climate agreement.