The Kyoto Protocol in the EU European Community and Member States un
The participation of the European Community and the Member States in the international climate change regimes is a complex issue. In the case of the Kyoto Protocol, this is rendered more complicated by the fact that for the purposes of Article 4 of the Ky
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Leonardo Massai
The Kyoto Protocol in the EU European Community and Member States under International and European Law
123
Dr. Leonardo Massai Via di Galceti 111 59100 Prato Italy e-mail: [email protected]
ISBN 978-90-6704-323-6
e-ISBN 978-90-6704-571-1
DOI 10.1007/978-90-6704-571-1 Ó T.M.C. ASSER
PRESS,
The Hague, The Netherlands, and the author 2011
Published by T.M.C. ASSER
PRESS,
The Hague, The Netherlands www.asserpress.nl
Produced and distributed for T.M.C. ASSER
PRESS
by Springer-Verlag, Berlin Heidelberg
No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Cover design: eStudio Calamar, Berlin/Figueres Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
To my family
Preface
In a period when the international community is fully committed to seek an appropriate solution to respond to the threat of climate change, the role and example provided by the international climate regime composed of the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol is still relevant in the field of international environmental law and within the existing multilateral environmental agreements. It is my view that the rules, procedures, instruments and particularities of the international climate regime are and will remain innovative and pioneer in many aspects, whatever will be the structure and details of the post-2012 agreement. The participation of the European Community (EC) and the Member States in the international climate change regimes is a complex and unique issue. In the case of the Kyoto Protocol, this is rendered more complicated by two considerations: the fact that for the purposes of Article 4 of the Protocol, the membership of the EC and Member States is frozen at a particular point in time; and the enlargement of the European Union of 1 May 2004 and 1 January 2007. It is only by addressing the architecture of the Kyoto Protocol and the various types of obligations established both under international and European law that one is able to identify the responsibility of the European Community and the Member States in the event of non-compliance with those obligations. This dissertation is dedicated to all those who gave their time, support and insights during the research and writing process. Much credit lies with my family. I am especially indebted to Professor Michael Bothe for his precious advice
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