Non-compliance Mechanisms: Interaction between the Kyoto Protocol System and the European Union

The universality of climate change challenges and interdependence in the reduction of greenhouse gas (GHG) emissions called for a collective response in a multilateral framework. However, because of discrepancies on the appropriate design for an international regime the European Community (EC) took the lead on the international stage in the negotiation and the application of the Kyoto Protocol. Thus, an international regime - a mixed agreement to which both the EC and its Member States are parties - and a regional regime in the framework of the European Union coexist. In both regimes, one of the core challenges remains to ensure the effective application of the law, which requires the setting up of compliance control mechanisms. At the international level, an innovative non-compliance procedure organizes a continuous monitoring which combines traditional techniques with more intrusive procedures. The system is also remarkable as regards the legal qualification of and reaction to non-compliance situations. For its part, the EC created a specific non-contentious mechanism and can make use of a reinforced jurisdictional armory and a reinforced sanctioning power. The EC's control mechanism should be able to take over from the Kyoto Protocol non-compliance mechanism in order to reinforce the effectiveness of adopted rules. Through the study of these mechanisms' interactions, this article aims to assess the capacity of the control system as a whole to ensure the very credibility of the Protocol and the reliability of the international and European economic tools to reduce GHG emissions at least cost. Finally, it allows the envisaging of the possible evolutions of the legal regime of the fight against climate change.