Book contents
- Reviews
- International Judicial Practice on the Environment
- Studies on International Courts and Tribunals
- International Judicial Practice on the Environment
- Copyright page
- Contents
- Contributors
- Acknowledgements
- Table of Cases
- Introduction International Courts and the Environment: the Quest for Legitimacy
- Part I Procedural Legitimacy of Judicial Environmental Practice: Access to Justice
- Part II Legitimacy and Scientific Certainty: Environmental Adjudication, Use of Experts and the Limits of Science
- Part III Judges as Law-Makers: Legitimate Development of Environmental Law
- Part IV Legitimacy of Outcomes: Performance, Effects (and Side-Effects)
- Part V The Legitimacy of Non-Compliance Procedures
- 13 Administrative Procedures and Rule of Law Values in the Montreal Compliance System
- 14 Legitimacy Questions of Non-Compliance Procedures: Examples from the Kyoto and Montreal Protocols
- Part VI The Limits of Environmental Justice through Courts: Balancing Legitimacy with the Need for Creativity
- Index
14 - Legitimacy Questions of Non-Compliance Procedures: Examples from the Kyoto and Montreal Protocols
from Part V - The Legitimacy of Non-Compliance Procedures
Published online by Cambridge University Press: 15 April 2019
Edited by
Book contents
- Reviews
- International Judicial Practice on the Environment
- Studies on International Courts and Tribunals
- International Judicial Practice on the Environment
- Copyright page
- Contents
- Contributors
- Acknowledgements
- Table of Cases
- Introduction International Courts and the Environment: the Quest for Legitimacy
- Part I Procedural Legitimacy of Judicial Environmental Practice: Access to Justice
- Part II Legitimacy and Scientific Certainty: Environmental Adjudication, Use of Experts and the Limits of Science
- Part III Judges as Law-Makers: Legitimate Development of Environmental Law
- Part IV Legitimacy of Outcomes: Performance, Effects (and Side-Effects)
- Part V The Legitimacy of Non-Compliance Procedures
- 13 Administrative Procedures and Rule of Law Values in the Montreal Compliance System
- 14 Legitimacy Questions of Non-Compliance Procedures: Examples from the Kyoto and Montreal Protocols
- Part VI The Limits of Environmental Justice through Courts: Balancing Legitimacy with the Need for Creativity
- Index
Summary
This chapter concerns the normative dimension of legitimacy (including legal, participatory and expert). This is because the descriptive dimension of legitimacy requires empirical analysis, and it is highly challenging to make an objective measurement in such analysis for legitimacy issues. So, instead of conducting research on outcomes of procedures through examination of submissions on non-compliance cases and decisions on them, or the perceptions or beliefs of parties on the justification of authority, it inquires the justification of authority provided in accordance with law, or transparent and participatory processes or based on experts’ decisions under such procedures in proper to the concept of normative legitimacy. It focuses on the conceptual and theoretical basis on both compliance mechanisms(CMs) under multilateral environmental agreements(MEAs) and legitimacy. Then it examines such procedures under these mechanisms in terms of legitimacy concerns in five areas : legal basis of decision-making power; legal basis of non-compliance procedure (NCP); the institution of the NCP; procedural safeguards; and the legal character of measures applied to non-compliant parties.
- Type
- Chapter
- Information
- International Judicial Practice on the EnvironmentQuestions of Legitimacy, pp. 364 - 388Publisher: Cambridge University PressPrint publication year: 2019