Addressing the post-Kyoto stress disorder

This article identifies and explores the range of legal form options available to states in the negotiation process, and outlines the political and strategic considerations at play which will ultimately govern choice of legal form. This article argues that one of the most significant factors hindering substantive progress on a post-2012 climate agreement is, what is characterized here as, the “post-Kyoto stress disorder”- A lack of trust amongst some developing countries that industrialized countries will, given current and past form, honour their commitments, and/or take the lead in the new climate agreement. This article makes the case that PostKyoto stress disorder will likely prevent certain legal form options from acquiring traction in the process and favour others.