Suspension of eligibility to use of the Kyoto flexible mechanisms: A review of substantive issues (Part 1)

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The aim of this paper is to examine in detail the mechanisms of the Kyoto Protocol, providing an insight into the rules for participation in the market created by the mechanisms, the operation of the mechanisms, and the effects of non-compliance with the applicable legal provisions. It examines the substantive legal provisions regulating eligibility to participate in the market mechanisms of the Kyoto Protocol, and the future of the mechanisms in a post-2012 era. In this first part of a two-part article, the flexible mechanisms of the Kyoto Protocol are assessed with a view to rules on market access, participation and eligibility. Suspension of eligibility to use the flexible mechanisms is then discussed in more detail, starting with a description of the Kyoto Protocol’s compliance mechanism, and drawing on the recent proceedings against Greece to assess the implications and consequences of ineligibility.

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