Suchergebnisse

The issue of compatibility between World Trade Organization (WTO) law & the establishment of a system that traded greenhouse-gas emissions allowances is explored. An analysis of the Kyoto Protocol revealed that emissions allowances could be traded in two ways -- as sovereign exchanges of parts of assigned amounts or as exchanges of allowances between private parties. Scrutiny of extant WTO law is performed, indicating that the international organization has no authority to restrain emissions transactions of the first kind. However, for exchanges between private parties, it is stated that rules concerning parties' selection for possessing emissions allowances & the process by which such allowances are distributed to regulated parties are in conflict with existing WTO law. Despite such conflict, aspects of WTO law that may provide exceptions to violating private parties are identified. Noting that the Kyoto Protocol may engender disputes between members of the protocol & members of the WTO, several recommendations for settling such disputes, thus ensuring the viability of an emissions trading system, are offered. 4 Figures. J. W. Parker

The question of whether contact between the Kyoto Protocol's clean development mechanism (CDM) & the Multilateral Agreement on Investment (MAI) will promote sustainable development on a global level is contemplated. Overviews of the CDM & the MAI are presented. Although the MAI is viewed as supporting the Kyoto Protocol's call of redirecting capital flows to developing nations, it is stated that conflict between the two international agreements is possible. Several such areas of conflict are identified, the MAI maintains jurisdiction over a CDM & has regulations against performance requirements found in the Kyoto Protocol. Additional attention is dedicated to examining how MAI statutes would problematize investment from both CDM & non-CDM parties. Suggestions for resolving such potential disputes are offered. Regardless of whether the MAI is ever adopted, it is concluded that this multilateral agreement has raised several issues that the international climate-control regime must address. 2 Tables. J. W. Parker

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