The Legal Architecture of Joint Implementation: What do we learn from the Pilot Case?
(1999) New York University Environmental Law Journal — Vol. 7, n° 1, p. 49-118 (1999)
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- Abstract
- This Article explores the legal issues arising from the implementation of JI. After a brief comment on regulatory problems relating to climate change, Part I will examine the precedents in U.S. domestic law and look at occurrences of JI in other international instruments. Part II will explore the regime of JI in three steps. First, it will discuss the specificities of project-based JI, as opposed to quota-based JI, and see whether the FCCC itself provides for a first criterion on JI. Second, it shall elaborate on the criteria for “Activities Implemented Jointly” (AIJ) as adopted in 1995 at the first Conference of the FCCC Parties (COP 1) in Berlin. Third, it will show what steps were taken with respect to JI in 1997 at the third Conference of the Parties (COP 3) in Kyoto. Part III will analyze the legal practice under the Pilot Phase. JI presents many unresolved legal difficulties, especially with regard to agreements involving both state and non-state actors. Finally, Part IV will discuss two issues that may develop after the Pilot Phase: the problem of baselines and the need to provide domestic incentives for non-state actors.
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Gosseries, A. (1999). The Legal Architecture of Joint Implementation: What do we learn from the Pilot Case? New York University Environmental Law Journal, 7(1), 49-118. https://hdl.handle.net/2078.5/98115 (Original work published 1999)