Any Party not complying with reporting requirements must develop a compliance action plan. Parties that are found not to meet the criteria for participating in the mechanisms will have their eligibility withdrawn. In all cases, the enforcement branch must make a public declaration that the Party is in non-compliance and will also make public the consequences to be applied.
As a general rule, decisions cannot be appealed. The exception is a decision of the enforcement branch relating to emissions targets. Even then, a Party can appeal only if it considers it has been denied due process.
The approach is cogent enough. However, the enforcement mechanisms apply only to ‘Parties’, meaning that ratification is required for a country to subject itself to sanctions. Even where ratification has occurred, a Party who defaults on a target may well be disinclined to return to compliance by meeting an increased ‘penalty’ target.
Although enforcement procedures are crucial, and due process the bedrock of the rule of law, any agreement reached at Copenhagen will depend at least as much on political will and ongoing democratic pressure.