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The International Law and Politics of Climate Change: Ratification of the United Nations Framework Convention and the Kyoto Protocol |
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Abstract:
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A major challenge for the creators of international environmental agreements is how to design mechanisms that deter defection without deterring participation. Indeed, relatively ‘soft’ international law often garners widespread participation, but it creates few concrete incentives for states to improve behavior. ‘Harder’ legal commitments make shirking more difficult, but these institutional features may deter from joining the very states whose environmental practices are least consistent with the treaty’s requirements. I argue that these institutional features have important consequences for the prospects of ratification: the harder a treaty is, the more ‘selective’ states are about ratification. Empirical analyses of ratification of the UN Framework Convention on Climate Change and the Kyoto Protocol provide substantial support for this proposition. As others have noted, one way in which states can mitigate this ‘dilemma’ that legalization produces is by creating agreements with flexibility provisions. I argue that states’ ability to use these provisions increases their propensity to ratify, even if it does not fundamentally alter the relationship between compliant behavior, legalization, and ratification. The empirical findings with regard to one flexibility mechanism – carbon sinks – support this argument. The results with regard to Activities Implemented Jointly, however, follow an opposite pattern, suggesting that states may sometimes use flexibility provisions as a means of legitimizing (or at least attracting attention away from) their non-participation in the regime. Finally, I explore how social networks affect ratification. I find consistent evidence that domestic and international networks matter for ratification of the Framework Convention, but not the Kyoto Protocol. |
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state (159), ratif (148), 1 (133), annex (103), kyoto (101), protocol (100), parti (88), intern (85), variabl (79), countri (77), emiss (76), chang (62), climat (61), fccc (58), model (56), 2006 (56), agreement (53), ratifi (51), flexibl (51), 2 (49), commit (46), |
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Ratification, compliance, climate change, international institutions, UN Framework Convention, Kyoto Protocol |
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Association:
Name: American Political Science Association URL: http://www.apsanet.org
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Citation:
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MLA Citation:
| von Stein, Jana. "The International Law and Politics of Climate Change: Ratification of the United Nations Framework Convention and the Kyoto Protocol" Paper presented at the annual meeting of the American Political Science Association, Marriott, Loews Philadelphia, and the Pennsylvania Convention Center, Philadelphia, PA, Aug 31, 2006 <Not Available>. 2009-05-24 <http://www.allacademic.com/meta/p151417_index.html> |
APA Citation:
| von Stein, J. , 2006-08-31 "The International Law and Politics of Climate Change: Ratification of the United Nations Framework Convention and the Kyoto Protocol" Paper presented at the annual meeting of the American Political Science Association, Marriott, Loews Philadelphia, and the Pennsylvania Convention Center, Philadelphia, PA Online <APPLICATION/PDF>. 2009-05-24 from http://www.allacademic.com/meta/p151417_index.html |
Publication Type: Proceeding Abstract: A major challenge for the creators of international environmental agreements is how to design mechanisms that deter defection without deterring participation. Indeed, relatively ‘soft’ international law often garners widespread participation, but it creates few concrete incentives for states to improve behavior. ‘Harder’ legal commitments make shirking more difficult, but these institutional features may deter from joining the very states whose environmental practices are least consistent with the treaty’s requirements. I argue that these institutional features have important consequences for the prospects of ratification: the harder a treaty is, the more ‘selective’ states are about ratification. Empirical analyses of ratification of the UN Framework Convention on Climate Change and the Kyoto Protocol provide substantial support for this proposition. As others have noted, one way in which states can mitigate this ‘dilemma’ that legalization produces is by creating agreements with flexibility provisions. I argue that states’ ability to use these provisions increases their propensity to ratify, even if it does not fundamentally alter the relationship between compliant behavior, legalization, and ratification. The empirical findings with regard to one flexibility mechanism – carbon sinks – support this argument. The results with regard to Activities Implemented Jointly, however, follow an opposite pattern, suggesting that states may sometimes use flexibility provisions as a means of legitimizing (or at least attracting attention away from) their non-participation in the regime. Finally, I explore how social networks affect ratification. I find consistent evidence that domestic and international networks matter for ratification of the Framework Convention, but not the Kyoto Protocol. |
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38 |
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14425 |
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| The International Law and Politics of Climate Change: Ratification of the United Nations Framework Convention and the Kyoto Protocol Jana von Stein janavs@umich.edu Assistant Professor University of Michigan Ann Arbor MI 48106 – Draft – Comments very welcome but please do not cite without author’s permission. Abstract A major challenge for the creators of international environmental agreements is how to design mechanisms that deter defection without deterring participation. Indeed relatively ‘soft’ international law often garners widespread participation but it |
| CO2 Levels of World Bank (2006); UN Framework Convention on Climate Target Change (1997); EU Council of Environment Ministers (1998). Original Kyoto Protocol Signatory UN Framework Convention on Climate Change (1997). Impact of Activities Implemented UN Framework Convention on Climate Change (2002). Jointly Carbon Sink Credits UN Framework Convention on Climate Change (2006). Land Area/Population CIA World Factbook (2006); World Bank (2006). Ratification Constraints Proxy Beck et al (2001); Bednar (2006). Beneficiary of Activities UN Framework Convention on Climate |
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