Equitable as Equal: The Kyoto Protocol Project Based Flexibility Mechanisms in an Unequal World

Joint Implementation (JI) and the Clean Development Mechanism (CDM) provided for in the Kyoto Protocol to the United Nations Framework Convention on Climate Change provide a possibility for states parties to modify their quantified emission reduction commitments under the Protocol by means of emission reduction of sink enhancement projects undertaken in other states. Generally cost-effectiveness - achieving the environmental goals with the least possible cost - has been seen as the most significant quality of these mechanisms, and the main motivation of using them has seemingly become the possibility of cost-savings in climate policy. This, however, entails a challenge to international law, notably the sovereign equality of states.