The nature, origin and impact of legally binding consequences: the case of the climate regime

The Marrakesh Accords provide a detailed compliance system for the Kyoto Protocol. An innovative feature of this system is an Enforcement Branch authorized to apply punitive measures or “consequences” in the second commitment period to Annex I Parties that have been found to be in non-compliance in the first commitment period. However, even after the latest Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC), COP-11, and the first COP serving as the meeting of the Parties to the Kyoto Protocol, COP/MOP-1, it is not yet clear whether these consequences will be legally binding. The purpose of this paper is three-fold. First, we examine the legal nature of the punitive consequences embedded in the Marrakesh Accords. Second, we discuss potential motives for making these consequences legally binding. We point out that one such motive is that their implementation requires cooperation by the Party that is in non-compliance. In this regard, Kyotoȁ9s compliance system differs from other international compliance systems equipped with punitive consequences, such as those of the WTO and the UN. Finally, we consider whether making the punitive consequences legally binding is likely to make a difference. The conclusion, which should be of interest to both academic researchers and the policy community, is that the legal status of the consequences is likely to have only a modest effect on compliance levels. A country that deliberately fails to abide by other legally binding commitments under the Kyoto Protocol is also likely to resist the application of punitive consequences, regardless of whether these consequences are made legally binding or not.     

The Scope for Joint Implementation in the EU Candidate Countries

Central and Eastern European Candidate countries are involved in negotiations with the EU on the implementation of the Acquis Communautaire in their domestic law. These countries are also preparing themselves for international co-operation in the framework of the Kyoto Protocol. Through this co-operation the Candidate countries will most likely transfer GHG emission reduction credits to other industrialised countries listed in Annex B of the Protocol. This can take place through JI project co-operation and/or International Emissions Trading. This paper argues that the Acquis environmental requirements will in general lead to GHG emission reduction in the Candidate countries, which will reduce the scope for JI in these countries. The extent to which the JI scope will be reduced depends, among others, on the timing of entering the EU and the transitional arrangements between the EU and the Candidates.     

A review of the current understanding of burned bone as a source of DNA for human identification

Identification of incinerated human remains may rely on genetic analysis of burned bone which can prove far more challenging than fresh tissues. Severe thermal insult results in the destruction or denaturation of DNA in soft tissues, however genetic material may be preserved in the skeletal tissues. Considerations for DNA retrieval from these samples include low levels of exogenous DNA, the dense, mineralised nature of bone, and the presence of contamination, and qPCR inhibitors. This review collates current knowledge in three areas relating to optimising DNA recovery from burned bone: 1) impact of burning on bone and subsequent effects on sample collection, 2) difficulties of preparing burned samples for DNA extraction, and 3) protocols for bone decalcification and DNA extraction. Bone decalcification and various DNA extraction protocols have been tested and optimised for ancient bone, suggesting that prolonged EDTA (Ethylenediaminetetraacetic acid) demineralisation followed by solid-phased silica-based extraction techniques provide the greatest DNA yield. However, there is significantly less literature exploring the optimal protocol for incinerated bones. Although burned bone, like ancient and diagenetic bone, can be considered “low-copy”, the taphonomic processes occurring are likely different. As techniques developed for ancient samples are tailored to deal with bone that has been altered in a particular way, it is important to understand if burned bone undergoes similar or different changes. Currently the effects of burning on bone and the DNA within it is not fully understood. Future research should focus on increasing our understanding of the effects of heat on bone and on comparing the outcome of various DNA extraction protocols for these tissues.     

The price of non-compliance with the Kyoto Protocol: The remarkable case of Norway

One of the ways to induce compliance is for an international enforcement mechanism to authorize the use of punitive consequences against a non-compliant country. However, such consequences should not cause significant damage to other (compliant) countries. The compliance mechanism of the Kyoto Protocol fails to meet this requirement. The Enforcement Branch of the Compliance Committee is instructed to impose punitive consequences on a non-compliant country that will have considerable adverse welfare effects for compliant countries as well. Using a numerical model, we show that in the case of Norway, the welfare effects can actually be worse if another country is punished than if Norway itself is punished.

Measures to enhance the success of global climate treaties

We analyze important forces that hamper the formation of successful self-enforcing agreements to mitigate global warming from an economic point of view. The analysis combines two modules: (a) an integrated assessment model that captures the feedback between the economy, environmental damages and the climate system and (b) a game theoretic model that determines stable coalitions in the presence of free-riding incentives. We consider two types of measures to enhance the success of international environmental treaty-making: (a) transfers, aiming at balancing asymmetric gains from cooperation; (b) institutional changes, aiming at making it more difficult to upset stability of a treaty. We find that institutional changes may be as important as transfers and should therefore receive more attention in future international negotiations.

后京都时代：建立可持续碳排放政策的法律意义探析

碳是所有石化燃料的重要组成部分。由于我们越来越多地依赖碳燃料,释放到大气中的二氧化碳浓度也在迅速增加。多数科学家和政府承认温室气体已经并将继续为地球和人类带来灾难,包括频繁的恶劣天气,自然生态系统被破坏。所以“（控制）碳排放”、“碳中和”这样的专业术语,已经成为被大多数人所理解、接受、并采取行动的基础。随着“后京都时代”的来临,发达国家要求发展中国家制定强制性标准,共同为遏制全球气候变暖和可持续发展承担责任成为大势所趋。     

Introduction: exploring and explaining the Asia-Pacific Partnership on Clean Development and Climate

This introduction lays the groundwork for this Special Issue by providing an overview of the Asia-Pacific Partnership on Clean Development and Climate (APP), and by introducing three main analytical themes. The first theme concerns the emergence and continuation of the APP. The contributions show that the emergence of the APP can be attributed to international factors, including the United States’ rejection of the Kyoto Protocol, and its search for an alternative arena for global climate governance, and other countries’ wish to maintain good relations with the US; as well as domestic factors, such as the presence of bureaucratic actors in favour of the Partnership, alignment with domestic priorities, and the potential for reaping economic benefits through participation. The second theme examines the nature of the Partnership, concluding that it falls on the very soft side of the hard–soft law continuum and that while being branded as a public–private partnership, governments remain in charge. Under the third theme, the influence which the APP exerts on the post-2012 United Nations (UN) climate change negotiations is scrutinised. The contributions show that at the very least, the APP is exerting some cognitive influence on the UN discussions through its promotion of a sectoral approach. The introduction concludes with outlining areas for future research.

防火墙技术分析

Internet的迅速发展给现代人的生产和生活都带来了前所未有的飞跃,大大提高了工作效率,丰富了人们的生活,弥补了人们的精神空缺;而与此同时给人们带来了一个日益严峻的问题——网络安全。网络的安全性成为当今最热门的话题之一,很多企业为了保障自身服务器或数据安全都采用了防火墙。随着科技的发展,防火墙也逐渐被大众所接受。本文阐述了防火墙工作的方式,以及防火墙的基本分类,并且讨论了每一种防火墙的优缺点。     

The Climate Change Regime: An Enviro-Economic Problem and International Administrative Law in the Making

The climate change problem, or global warming, has gained a prominent place on the international political agenda, since the mid-1980s, when it first attracted political attention. The problem was initially perceived mainly as an environmental problem that could be resolved by technological solutions, its current perception, this essay argues, is best characterized as that of an enviro-economic problem. A perception that is exemplified by the ongoing negotiations for the development of economic mechanisms to tackle the problem. The climate change arena is a complex one, involving dichotomies between developed and developing countries, between fossil fuel producing and importing countries and between small island developing states and other states. This essay outlines the interests that play a role in the climate change negotiations and discusses the international climate change regime as contained in the United Nations Framework Convention on Climate Change and its Kyoto Protocol. It concludes that the climate change negotiations are complicated by the fact that the negotiators, in addition to developing new substantive rules for a complex problem, are involved in developing new systemic rules for the international legal system. These new systemic rules have more in common with rules of national systems of public or administrative law than with traditional rules of international law, which have many similarities with national systems of contract law.     

Linkages between the Montreal and Kyoto Protocols – Enhancing Synergies between Protecting the Ozone Layer and the Global Climate

The international treaties for the protection of the ozone layer and the global climate are closely related. Not only has the Montreal Protocol for the protection of the ozone layer served as a useful example in developing the international climate regime, but policies pursued in both issue areas influence each other. This paper gives an overview of the many ways in which both treaty systems are linked functionally and politically. It investigates, in particular, the tension that has arisen with respect to the use of fluorinated greenhouse gases and the potential for drawing on the experience under the Montreal Protocol regarding data reporting and policy design on fluorinated greenhouse gases under the Kyoto Protocol to the United Nations Framework Convention on Climate Change. The potentials for enhancing synergy in these areas are explored, and related options discussed. Some initiatives for exploiting these potentials are already underway, aiming in particular at enhancing learning and exchanging of information. However, political choices concerning some of the issues willeventually need to be made, if action at the international level is to contribute to their solution.