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Research On The Compliance Mechanism Of The International Climate Change Treaty

Posted on:2022-05-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y X ChenFull Text:PDF
GTID:2516306332478174Subject:International Law
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The impact of climate change on human society and the environment has become more and more obvious.Since the 1980s,countries around the world have begun to work together to cope with it in a cooperative manner.After more than 30 years of hard work,the "United Nations Framework Convention on Climate Change," the "Kyoto Protocol" and the "Paris Agreement" have been successively adopted,making great contributions to the promotion of climate change actions.As a key part of it,the compliance mechanism has also been continuously improved in the development of these treaties.Compliance mechanisms mainly appear in the field of international environmental treaties.It refers to a mechanism for judging whether there is a non-compliance with the treaty in a cooperative and friendly manner within the framework of the treaty and taking countermeasures to promote the compliance and implementation of the treaty by the states parties with flexible and encouraging means.This article aims to study the content,evolution,and limitations of the international compliance mechanism of climate change treaties and China's ability and contribution to improve the compliance mechanism and enhance the compliance effect.Therefore,this article is divided into four chapters according to the content.In the first chapter,the thesis explores the content and evolution of the compliance mechanism of the international climate change treaties.The main content of the compliance mechanism analyzes its meaning,composition and characteristics.The compliance mechanism is composed of a compliance committee,initiation procedures,response measures,incentive measures and punitive measures.It is non-adversarial,preventive,endogenous and flexible.In terms of coercive force,the compliance mechanism has undergone a process of change from "soft" to"hard" and then from "hard" to "soft".In terms of promoting compliance,new mechanisms and new governance models have emerged.In the second chapter,this thesis explores the limitations of the compliance mechanism of the international climate change treaties.The compliance mechanism has limitations in initiating procedures,incentives and penalties.The specific manifestations are:there is only one kind of initiation procedure;incentive measures can only solve the problem of temporary non-compliance,and capacity building support stays at the basic level;insufficient punitive measures have caused developed countries to not fully fulfill their treaty obligations,and developing countries lack motivation to comply.In the third chapter,this thesis explores how to improve the compliance mechanism of international climate change treaties.According to the conclusions drawn in Chapter2,countermeasures are given for each limitation.The specific countermeasures are:Establishing a diversified compliance procedure,that is,adding a method of starting compliance procedures on the original basis;Enriching the content of incentive measures,that is,more funds and technical support should be invested in the improvement of environmental awareness and the upgrading of traditional industrial technology Capacity building should increase the content of enhancing economic construction capacity and technological development capacity;increase the types of punishment measures,that is,increase warnings(pre-warning and notification warnings)and temporary suspension of cooperation qualifications.In the fourth chapter,this thesis explores China's ability to promote the improvement of the compliance mechanism and enhance the effectiveness of compliance and suggestions.China has its own characteristics of "lucid waters and lush mountains are invaluable assets"theory and "targeted poverty alleviation" theory.These theories have achieved good practical results.After proper transformation,they can help improve the compliance mechanism and enhance compliance effects In addition,China has rich experience in tackling climate change,environmental governance and green development,which can be shared and promoted in the international arena such as the Climate Change Conference.
Keywords/Search Tags:International climate change treaty, Compliance mechanism, Promotion of compliance
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