Law and You > Environmental Laws > Kyoto Protocol
The United Nations Framework Convention on Climate Change (UNFCCC) is a crucial framework for global efforts to address climate change. It has facilitated international cooperation, fostered the creation of climate agreements like the Kyoto Protocol and the Paris Agreement, and raised awareness of the global climate crisis. While significant challenges remain, the UNFCCC continues to play a central role in shaping global climate policy and driving collective action to limit the impacts of climate change. The Kyoto Protocol, adopted in 1997 under the UNFCCC, was the first legally binding international agreement to address climate change. It required developed countries to meet specific targets for reducing greenhouse gas emissions.
The Kyoto Protocol is an international treaty aimed at reducing greenhouse gas emissions to combat climate change. Adopted on December 11, 1997, in Kyoto, Japan, and entered into force on February 16, 2005, it is one of the first significant global agreements aimed at addressing global warming and climate change through legally binding emission reduction targets for developed countries.
Key Objectives of the Kyoto Protocol:
The primary goal of the Kyoto Protocol is to reduce the emission of six major greenhouse gases that contribute to global warming:
- Carbon dioxide (COโ)
- Methane (CHโ)
- Nitrous oxide (NโO)
- Hydrofluorocarbons (HFCs)
- Perfluorocarbons (PFCs)
- Sulphur hexafluoride (SFโ)
Key Features of the Kyoto Protocol:
- Legally Binding Targets for Developed Countries: The Protocol establishes legally binding commitments for Annex I countries (developed countries and economies in transition) to reduce their greenhouse gas emissions by an average of 5.2% below 1990 levels over a five-year period, from 2008 to 2012 (the first commitment period). Developing countries, known as non-Annex I countries, were not given legally binding targets but were encouraged to pursue sustainable development and take voluntary actions to mitigate climate change.
- Differentiated Responsibilities: The Protocol is based on the principle of “common but differentiated responsibilities”, recognizing that developed nations are primarily responsible for the current high levels of greenhouse gases in the atmosphere due to more than a century of industrial activities. Therefore, it places a heavier burden on developed nations (Annex I countries) to reduce their emissions while giving developing nations (non-Annex I countries) more flexibility.
- Flexible Market-Based Mechanisms: To help Annex I countries meet their emission reduction targets cost-effectively, the Kyoto Protocol introduced three flexible market-based mechanisms:
- Emissions Trading (“Carbon Trading”): Countries with emission reduction commitments can trade carbon credits (assigned amounts of emissions) with other countries. Countries that reduce their emissions below their target can sell their excess “carbon credits” to countries struggling to meet their targets.
- Clean Development Mechanism (CDM): Developed countries can invest in emission reduction projects in developing countries and receive credits (Certified Emission Reductions or CERs) for the emissions saved by these projects. CDM allows developed countries to meet part of their reduction targets while contributing to sustainable development in developing countries.
- Joint Implementation (JI): Similar to CDM, but focused on developed countries, JI allows one developed country to earn credits by investing in emission reduction projects in another developed country. These projects generate Emission Reduction Units (ERUs).
- Monitoring, Reporting, and Verification (MRV): The Protocol requires Annex I countries to monitor and report their emissions and efforts toward meeting their targets. Compliance is monitored through national inventories and reviewed by an expert team. Non-compliance is subject to penalties, such as making up the shortfall in subsequent periods and losing access to some of the flexible mechanisms.
Key Challenges and Criticisms of the Kyoto Protocol
- Limited Participation of Major Emitters: The United States, one of the largest emitters of greenhouse gases, did not ratify the Protocol. President George W. Bush withdrew from the treaty in 2001, arguing that it would harm the U.S. economy and that it did not impose binding targets on developing nations like China and India. Without the participation of the U.S., the effectiveness of the Protocol was compromised since it represented a large share of global emissions.
- Exclusion of Developing Nations from Binding Targets: The Protocol did not impose binding emission reduction targets on developing countries like China and India, which were becoming major emitters as their economies grew. While this was in line with the principle of “common but differentiated responsibilities,” critics argued that not addressing the emissions of these rapidly growing economies limited the treatyโs impact.
- Short-Term Focus: The Kyoto Protocol’s first commitment period (2008โ2012) focused on short-term reductions in emissions, and critics argued that it did not set the stage for longer-term, deeper cuts in greenhouse gases that are necessary to prevent catastrophic climate change.
- Ineffectiveness of Market Mechanisms: The market-based mechanisms, particularly the Clean Development Mechanism (CDM), faced criticism for failing to deliver genuine emission reductions and for enabling developed countries to offset their emissions rather than making actual changes to reduce domestic emissions. There were concerns about the environmental integrity and additionality of some CDM projects.
The Kyoto Protocol’s Second Commitment Period: The Doha Amendment
At the end of the first commitment period (2008โ2012), a second commitment period was agreed upon under the Doha Amendment in 2012. The second commitment period (2013โ2020) aimed to continue the reduction of greenhouse gases with a revised set of targets for Annex I countries. However, many key countries, including Canada, Japan, and Russia, opted not to participate in the second commitment period, further undermining its effectiveness. The Doha Amendment officially came into force on December 31, 2020, after receiving the necessary ratifications.
Kyoto Protocol and the Paris Agreement
While the Kyoto Protocol was ground breaking as the first treaty to establish legally binding targets for greenhouse gas emissions, its limitations and challenges led to the development of a more inclusive and flexible global climate framework: the Paris Agreement.
- Building on the lessons learned from the Kyoto Protocol, the Paris Agreement was adopted in 2015 at the COP21 meeting in Paris. It set a broader and more inclusive goal to limit global warming to well below 2ยฐC, with efforts to limit the increase to 1.5ยฐC.
- Unlike Kyoto, the Paris Agreement includes both developed and developing nations in its commitments. Each country sets its nationally determined contributions (NDCs), which are voluntary targets for reducing emissions, with periodic reviews and increasing ambition over time.
- The Kyoto Protocol was largely seen as a precursor to the Paris Agreement, helping to lay the foundation for future climate negotiations and establishing the importance of international cooperation in addressing global climate challenges.
Legacy and Achievements of the Kyoto Protocol
Despite its limitations, the Kyoto Protocol played a key role in the evolution of global climate policy:
- First International Climate Agreement: The Kyoto Protocol was the first legally binding international agreement to tackle global warming, setting the stage for future climate negotiations.
- Creation of Market Mechanisms: The introduction of emissions trading and the Clean Development Mechanism (CDM) under the Protocol set the foundation for carbon markets, which continue to play a role in climate policies worldwide.
- Awareness and Action: The Protocol helped raise global awareness about the importance of reducing greenhouse gas emissions and pushed governments to begin taking serious action on climate change.
- Strengthened Global Climate Cooperation: The Protocol fostered collaboration between developed and developing countries, even though it placed more responsibility on developed nations. It established frameworks for cooperation and technology transfer that continue to be important today.
Conclusion
The Kyoto Protocol was a landmark agreement in the global fight against climate change, as it marked the first time countries agreed to legally binding targets for reducing greenhouse gas emissions. Despite facing several challenges, including limited participation and exclusion of key emitters like the United States, the Protocol was significant in catalyzing international action on climate change. The lessons learned from Kyoto informed the creation of the Paris Agreement, which now serves as the primary global framework for climate action.
Related Topics:
- Stockholm Declaration
- Rio Declaration
- Vienna Convention and Montreal Protocol
- Basel Convention (Trans-Boundary Hazardous Substances)
- United Nations Framework Convention on Climate Change
- Doha Amendment
- Paris Climate Agreement
- Convention on Biological Diversity
- Cartagena Protocol on Biosafety
- Nagoya Protocol on Access to Genetic Resources