Kyoto Protocol: International Law And Its Evolution

The Kyoto Protocol, an international treaty that aimed to reduce carbon dioxide emissions and the presence of greenhouse gases in the atmosphere, became international law on February 16, 2005. The protocol was adopted in Kyoto, Japan, on December 11, 1997, and was widely hailed as a significant environmental treaty. It extended the 1992 United Nations Framework Convention on Climate Change (UNFCCC), which committed state parties to reduce greenhouse gas emissions based on the scientific consensus that global warming is occurring due to human-made CO2 emissions.

The Kyoto Protocol's adoption and entry into force

The Kyoto Protocol was adopted in Kyoto, Japan, on December 11, 1997, and entered into force on February 16, 2005. It was the first international treaty to set legally binding targets for cutting greenhouse gas emissions. The protocol extended the 1992 United Nations Framework Convention on Climate Change (UNFCCC), which did not include any legally binding emission limitations or enforcement mechanisms.

The Kyoto Protocol was negotiated and adopted at the third session of the Conference of Parties to the UNFCCC in 1997 in Kyoto, Japan. The protocol's adoption was the result of an ongoing process that began with the 1992 UNFCCC, which was the first international agreement to address the issue of whether human activity in industrial economies may affect the Earth's climate. The UNFCCC established a framework for continuing negotiations through periodic conferences of the parties (COP) to the Framework Convention.

The first Conference of Parties (COP 1) was held in Berlin in 1995 (the Berlin Mandate) and outlined specific targets on emissions. The second Conference of Parties (COP 2) was held in Geneva in 1996 and resulted in the Geneva Ministerial Declaration, which recognised the need for urgent action to address climate change. The third Conference of Parties (COP 3) took place in Kyoto in 1997 and resulted in the adoption of the Kyoto Protocol.

The Kyoto Protocol committed industrialised countries to reducing their greenhouse gas emissions in accordance with agreed individual targets. Under the principle of "common but differentiated responsibility and respective capabilities," the protocol mandated that 37 industrialised nations, plus the European Community, cut their greenhouse gas emissions by an average of 5% below 1990 levels. The protocol established a system to monitor countries' progress in meeting their targets.

The protocol recognised that individual countries have different capabilities in combating climate change due to their level of economic development. Therefore, the obligation to reduce current emissions fell on developed countries, as they are historically responsible for the current levels of greenhouse gases in the atmosphere. The protocol divided countries into two groups: Annex I, consisting of developed nations, and Non-Annex I, referring to developing countries. Only Annex I countries had binding emission reduction commitments, while Non-Annex I countries participated voluntarily.

The Kyoto Protocol established three market-based mechanisms to enable countries to meet their targeted emissions limits:

• International Emissions Trading: Countries with excess emission units that they did not use could sell these units to countries that were over their target.
• Clean Development Mechanism: Countries with emission reduction or limiting commitments could implement reduction projects in developing countries and earn certified credits.
• Joint Implementation: Countries with emission reduction or limiting commitments could earn emission-reducing units from projects implemented in conjunction with another party.

The Kyoto Protocol's first commitment period started in 2008 and ended in 2012. All 36 countries that fully participated in the first commitment period complied with the protocol. However, nine countries had to resort to the flexibility mechanisms by funding emission reductions in other countries because their national emissions were slightly above their targets. Despite the compliance of these countries, global emissions increased by 32% from 1990 to 2010.

In December 2012, after the first commitment period ended, parties to the Kyoto Protocol met in Doha, Qatar, and adopted an amendment to the original agreement, known as the Doha Amendment. This amendment extended the protocol to a second commitment period from 2012 to 2020, with new emission reduction targets for participating countries. However, the second commitment period ended on the same day it entered into force on December 31, 2020.

The protocol's targets and reductions

The Kyoto Protocol, an international treaty, was adopted in Kyoto, Japan, in December 1997, and entered into force in February 2005. The protocol extended the 1992 United Nations Framework Convention on Climate Change (UNFCCC) and committed state parties to reduce greenhouse gas emissions. The protocol's targets and reductions were based on the scientific consensus that global warming is occurring and that human-made CO2 emissions are driving it.

The Kyoto Protocol's objective was to reduce the onset of global warming by reducing greenhouse gas concentrations in the atmosphere to "a level that would prevent dangerous anthropogenic interference with the climate system" (Article 2). The protocol applied to the seven greenhouse gases listed in Annex A: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF6), and nitrogen trifluoride (NF3). Nitrogen trifluoride was added for the second compliance period during the Doha Round.

The protocol acknowledged that individual countries have different capabilities in combating climate change due to their economic development. Thus, it placed the obligation to reduce current emissions primarily on developed countries, as they are historically responsible for the current levels of greenhouse gases in the atmosphere. The protocol separated countries into two groups: Annex I, consisting of developed nations, and Non-Annex I, referring to developing countries. Emission limitations were placed on Annex I countries only, while Non-Annex I nations participated voluntarily and invested in projects designed to lower emissions in their countries.

The Kyoto Protocol established binding commitments for the Annex I Parties to reduce their greenhouse gas emissions. The commitments varied depending on each country's unique circumstances. For the first commitment period (2008-2012), 37 industrialized countries and the European Community committed themselves to binding targets for GHG emissions. These targets aimed to reduce emissions of the following greenhouse gases: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), sulphur hexafluoride (SF6), and two groups of gases, hydrofluorocarbons (HFCs) and perfluorocarbons (PFCs). The six GHGs were translated into CO2 equivalents to determine reduction targets.

The emissions limitations for Annex I Parties varied, with some countries committed to reducing emissions below the base year level, while others aimed to maintain emissions at the base year level or reduce them slightly above it. The base year for most countries was 1990, but five state parties used an alternative base year. The targets for each country are as follows:

• Australia – 108% (2.1% of 1990 emissions)
• Austria – 87%
• Belarus – 95% (subject to acceptance by other parties)
• Belgium – 92.5%
• Bulgaria – 92% (0.6%)
• Canada – 94% (3.33%) (withdrew)
• Croatia – 95%
• Czech Republic – 92% (1.24%)
• Denmark – 79%
• Estonia – 92% (0.28%)
• Finland – 100%
• France – 100%
• Germany – 79%
• Greece – 125%
• Hungary – 94% (0.52%)
• Iceland – 110% (0.02%)
• Ireland – 113%
• Italy – 93.5%
• Japan – 94% (8.55%)
• Latvia – 92% (0.17%)
• Liechtenstein – 92% (0.0015%)
• Lithuania – 92%
• Luxembourg – 72%
• Netherlands – 94%
• New Zealand – 100% (0.19%)
• Norway – 101% (0.26%)
• Poland – 94% (3.02%)
• Portugal – 92%
• Russian Federation – 100% (17.4%)
• Slovakia – 92% (0.42%)
• Slovenia – 92%
• Spain – 115%
• Sweden – 104%
• Switzerland – 92% (0.32%)
• Ukraine – 100%
• United Kingdom – 87.5%
• United States of America – 93% (36.1%) (non-party)

The average percentage reduction in total GHG emissions for the Annex I group, including the US, was targeted at 5.2% relative to the base year. However, the US did not ratify the treaty, and Canada later withdrew, so the emission limits remained in force for 36 countries. These countries were committed to reducing their aggregate emissions by 4% from the 1990 base year.

To achieve their targets, Annex I Parties could utilise three "Flexibility Mechanisms" defined by the protocol: International Emissions Trading (IET), the Clean Development Mechanism (CDM), and Joint Implementation (JI). IET allowed countries to trade emission units, while

The US's non-ratification

The Kyoto Protocol was an international treaty that extended the 1992 United Nations Framework Convention on Climate Change (UNFCCC). It was adopted in Kyoto, Japan, on 11 December 1997, and became international law on 16 February 2005. The protocol aimed to reduce the emission of gases that contribute to global warming.

The US did not ratify the Kyoto Protocol. This was primarily due to the belief that the agreement unfairly burdened developed nations and would hurt the US economy. The US Senate had also previously passed a non-binding resolution expressing disapproval of any international agreement that did not require developing countries to make emission reductions.

The US was the only signatory that did not ratify the protocol. As the US accounted for 36.1% of emissions in 1990, a coalition including the EU, Russia, Japan, and small parties was required for the treaty to go into legal effect without US ratification. This coalition was achieved, and the Kyoto Protocol became international law in 2005.

However, the US's non-ratification did have some impact on the effectiveness of the protocol. The US's non-participation meant that the protocol's overall environmental aim of reducing average yearly Annex I emissions between 2008 and 2012 to around 5% below their 1990 levels was unlikely to be achieved. The US's non-ratification also impacted the protocol's political aim of providing a means for industrialised countries to demonstrate their leadership in convincing the developing world to join abatement efforts.

The Doha Amendment

The Kyoto Protocol was widely recognised as a significant environmental treaty, but its effectiveness was questioned. The Doha Amendment aimed to continue the efforts to reduce greenhouse gas emissions and address the challenges posed by global warming.

The Paris Agreement

• Substantially reduce global greenhouse gas emissions to hold the increase in the global temperature to well below 2°C above pre-industrial levels and pursue efforts to limit it to 1.5°C above pre-industrial levels, recognising that this would significantly reduce the risks and impacts of climate change.
• Periodically assess the collective progress towards achieving the purpose of this agreement and its long-term goals.
• Provide financing to developing countries to mitigate climate change, strengthen resilience, and enhance abilities to adapt to climate impacts.

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