f_0018636_15960 - Free Riders Side Payments and...

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The Whitehead Journal of Diplomacy and International Relations Free Riders, Side Payments, and International Environmental Agreements: Is Kyoto Failing Because Montreal Succeeded? By Nadra Hashim D omestic laws concerning environmental pollution have always been divisive. When they are framed as international law, they become even more contentious. This is especially true in the current era where there has been notable recalcitrance on the part of India, China, and the United States to sign the Kyoto Protocol, a treaty which seeks to regulate world-wide carbon dioxide emissions. Yet, an examination of recent history suggests that there has been some success in at least one area of international law governing the regulation of environmental pollution. The Montreal Protocol, which induced its signatories to end the production and utilization of chloroflourocarbons (CFCs) is a testament to the notion that international law can sustain environmental protection. 1 So why has Kyoto failed where Montreal succeeded? Is it simply a matter of political will, or are there more fundamental matters of economic and technological change which make agreement over the regulation of CO 2 so much more difficult than the elimination of CFCs? A study of political developments leading to the promulgation and enforcement of the two documents may shed some light on why international law concerning the environment is now more contentious than ever. E PISTEMIC C OMMUNITIES , S CIENTIFIC I NNOVATION , AND IEA R EGIMES One area not covered by much of the literature of regime theories concerns epistemic communities—more specifically, where their influence over politicians begins and where it ends, and where their lack of influence may induce repeated patterns of state behavior, which have a life beyond the boundaries of any one particular treaty. In the case of International Environmental Agreements (IEAs), and the Montreal Protocol in particular, the epistemic community influenced not only Nadra Hashim received her Ph.D. from the University of Virginia in International Relations. In 2001, she was awarded a Ford Foundation fellowship to teach at Amherst College and is currently an Adjunct Professor at DeVry University. 91
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HASHIM The Whitehead Journal of Diplomacy and International Relations how scientific knowledge was disbursed but also how compromise could be achieved. Robert Keohane describes international institutions as providing “an array of persistent and connected rules that prescribe behavior roles, constrain activity, and shape expectations.” 2 Throughout the meetings that lead to the convening of the protocol, diplomatic representatives of the scientific community, acting through international institutions, helped formulate both the rules of the treaty, and perhaps more importantly, the exceptions to the rules. It was the exception to protocol rules that made treaty negotiation possible, at least in the short run, but made enforcement more difficult.
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