@article{oai:nagoya.repo.nii.ac.jp:00007137, author = {岩田, 成恭 and IWATA, Masataka}, journal = {国際開発研究フォーラム, Forum of International Development Studies}, month = {Aug}, note = {A Compliance Procedure was introduced into the Kyoto Protocol to the United Nations Framework Convention on Climate Change to facilitate, promote and enforce compliance with the Protocol. A Compliance Committee, established to operate the Procedure, functions mainly through two branches, namely the Facilitative Branch and the Enforcement Branch. This type of structure of a compliance body is unique and notable compared with other bodies under several environmental agreements. This essay first traces the negotiating history of the Compliance Procedure under the Kyoto Protocol, and reveals how and why such system is formed. That history was a struggling process to incorporate both facilitative and enforcement functions into one procedure. Second, the competence and functions of the Compliance Committee are examined, especially focusing on those of the Enforcement Branch. Although the distinction between two functions invested to each Branch is relatively clear, there must be a case both Branches are involved and handle together. To that end, the Committee is allowed to treat cases flexibly to a certain extent. Present writer also indicates that the competence of the Enforcement Branch is rather limited, and it is doubtful that limited competence of the Branch is appropriate to ensure compliance with emission reduction obligations by the developed country parties. Taking these significances and limitations into consideration, we need to observe the operation of the Procedure for the effective implementation of the Kyoto Protocol.}, pages = {153--171}, title = {京都議定書の遵守委員会 - 形成過程からみた権能の評価を中心として-}, volume = {35}, year = {2007} }