Kyoto Protocol
By Dr. Gorashi M. Kanoan, Faculty of Law, UMST
In 1997, the Kyoto Protocol to UNFCCC was adopted. The Kyoto Protocol
has set out a significant precedent as a means to address the very intricate
and thorny international environmental problem of global warming. It sets
out emission reduction targets and methods.
The primary objective of the Protocol is to create binding quantified and
time-bound emissions reduction obligations. The most notable achievements
of the Protocol are the stimulation of an array of national policies, the
creation of a carbon market and the establishment of new international
mechanisms. The Kyoto Protocol is currently constrained by the modest
emission limits. It would be more effective if the first commitment period is
followed up by measures to achieve deeper reductions and the
implementation of policy instruments covering a higher share of global
emissions (Gupta, S., et al, 2007).
(a) Commitments
Annex I Parties are committed to reduce their aggregate greenhouse gas
emissions to at least 5% below 1990 levels between 2008-2012. The
Protocol includes an agreed-upon list of policies and measures that Annex I
Parties should consider implementing to meet their emissions reduction
target. Quantified emission limitation or reduction commitments for 2008-
2012 were established and listed in Annex B of the Protocol.
The key flexibility mechanisms are: International Emissions Trading (IET)
under Article 17; Joint Implementation (JI) under Article 6; and Clean
Development Mechanism (CDM) under Article 12. The IET is designed for
use among the industrialized countries (Annex I Parties) so that they may
trade emission reductions among themselves. This means that they may
transfer to or acquire from any other Annex I Party emission reduction units
resulting from projects aimed at reducing anthropogenic emissions by
sources or enhancing anthropogenic removal by sinks of green house gases
in any sector of the economy. Such international trading is expected to serve
two purposes: the first, it provides cost-effective means of promoting
compliance with emission targets, and the second, trading is posited as a
means to generate financial transfer, typically from industrialized to
transitioning and developing countries ( Kevin, A, et al, 2003). IET would
greatly reduce the overall costs of complying with the reduction of in the
green house gas emissions. Countries with high marginal abatement costs
(MACS) may acquire emission reductions from countries with low MACS.
JI is a mechanism that assists Annex I countries in meeting their Kyoto
targets. It allows any Annex I Party to transfer to, or acquire from, any other
such party, emission reduction units (ERU) resulting from projects aimed at
reducing anthropogenic emission by sources or enhancing anthropogenic
removal by sinks of green house gases in any sector of the economy.
CDM is an instrument including the developing countries, the purpose of
which is to assist parties not included in Annex I in achieving sustainable
development and in contributing to the ultimate objective of the convention
and to assist parties in Annex I in achieving compliance with their quantified
emission limitation and reduction commitments.
The Kyoto Protocol does not impose any binding requirements on
developing countries. The commitments under Article 10 are essentially
voluntary, that is, the developing countries may voluntarily commit
themselves to contribute to scientific research and monitoring of the climate
system and greenhouse gases; formulate national and regional programmes
to improve local emissions factors; promote and transfer environmentally
sound technologies; strengthen national capacity building activities; and
conduct national inventories of greenhouse gas emissions and sinks.
Recognizing the principle of common but differentiated responsibilities, the
Kyoto Protocol set relatively low per capita greenhouse gas emissions in
developing countries and take into account the need for increased energy use
for these countries.
