ABSTRACT
Any evaluation of European Community participation and implementation of the UN Framework Convention on Climate Change must be understood in the context of the distinctive institutional structure which binds its Member States together in common action. The Court of Justice has the function of seeing that the law is observed and the onerous task of interpreting the sometimes opaque treaty framework. As the final arbiter of inter-institutional disputes concerning external competence, the Court has the potential to act as a key influence on the external relations of the Member States and the Community as it has done in many other areas of policy. The Commission is made up of persons appointed by common accord of the Member States and is guaranteed legal independence from government interference. With an express mandate to act in the Community interest and the sole right to propose Community legislation, the Commission has historically provided the Community with a communautaire conscience.
