Conference of the Parties (Kyoto Protocol)

The Kyoto Protocol was an international treaty which extended the 1992 United Nations Framework Convention on Climate Change (UNFCCC) that commits state parties to reduce greenhouse gas emissions, based on the scientific consensus that (part one) global warming is occurring and (part two) that human-made CO₂ emissions are driving it. The Kyoto Protocol was adopted in Kyoto, Japan, on 11 December 1997 and entered into force on 16 February 2005. There were 192 parties (Canada withdrew from the protocol, effective December 2012) to the Protocol in 2020.

The Kyoto Protocol implemented the objective of the UNFCCC 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 Kyoto 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), nitrogen trifluoride (NF₃). Nitrogen trifluoride was added for the second compliance period during the Doha Round.

The Protocol was based on the principle of common but differentiated responsibilities: it acknowledged that individual countries have different capabilities in combating climate change, owing to economic development, and therefore placed the obligation to reduce current emissions on developed countries on the basis that they are historically responsible for the current levels of greenhouse gases in the atmosphere.

The 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 greater than their targets. The financial crisis of 2007–08 helped reduce the emissions. The greatest emission reductions were seen in the former Eastern Bloc countries because the dissolution of the Soviet Union reduced their emissions in the early 1990s. Even though the 36 developed countries reduced their emissions, the global emissions increased by 32% from 1990 to 2010.

A second commitment period was agreed to in 2012 to extend the agreement to 2020, known as the Doha Amendment to the Kyoto Protocol, in which 37 countries had binding targets: Australia, the European Union (and its then 28 member states, now 27), Belarus, Iceland, Kazakhstan, Liechtenstein, Norway, Switzerland, and Ukraine. Belarus, Kazakhstan, and Ukraine stated that they may withdraw from the Kyoto Protocol or not put into legal force the Amendment with second round targets. Japan, New Zealand, and Russia had participated in Kyoto's first-round but did not take on new targets in the second commitment period. Other developed countries without second-round targets were Canada (which withdrew from the Kyoto Protocol in 2012) and the United States (which did not ratify). As of October 2020, 147 states had accepted the Doha Amendment. It entered into force on 31 December 2020, following its acceptance by the mandated minimum of at least 144 states, although the second commitment period ended on the same day. Of the 37 parties with binding commitments, 34 had ratified.

Negotiations were held in the framework of the yearly UNFCCC Climate Change Conferences on measures to be taken after the second commitment period ended in 2020. This resulted in the 2015 adoption of the Paris Agreement, which is a separate instrument under the UNFCCC rather than an amendment of the Kyoto Protocol.

Background

The view that human activities are likely responsible for most of the observed increase in global mean temperature ("global warming") since the mid-20th century is an accurate reflection of current scientific thinking.

Human-induced warming of the climate is expected to continue throughout the 21st century and beyond.

The Intergovernmental Panel on Climate Change (IPCC, 2007) have produced a range of projections of what the future increase in global mean temperature might be. The IPCC's projections are "baseline" projections, meaning that they assume no future efforts are made to reduce greenhouse gas emissions. The IPCC projections cover the time period from the beginning of the 21st century to the end of the 21st century. The "likely" range (as assessed to have a greater than 66% probability of being correct, based on the IPCC's expert judgment) is a projected increase in global mean temperature over the 21st century of between 1.1 and 6.4 °C.

The range in temperature projections partly reflects different projections of future greenhouse gas emissions.

Different projections contain different assumptions of future social and economic development ( economic growth, population level, energy policies), which in turn affects projections of future greenhouse gas (GHG) emissions. The range also reflects uncertainty in the response of the climate system to past and future GHG emissions (measured by the climate sensitivity).

Chronology

1992 – The UN Conference on the Environment and Development is held in Rio de Janeiro. It results in the Framework Convention on Climate Chang
("FCCC" or "UNFCCC")
among other agreements.

1995 – Parties to the UNFCCC meet in Berlin (the 1st Conference of Parties (COP) to the UNFCCC) to outline specific targets on emissions.

1997 – In December the parties conclude the Kyoto Protocol in Kyoto, Japan, in which they agree to the broad outlines of emissions targets.

2004 – Russia and Canada ratify the Kyoto Protocol to the UNFCCC bringing the treaty into effect on 16 February 2005.

2011 – Canada became the first signatory to announce its withdrawal from the Kyoto Protocol.

2012 – On 31 December 2012, the first commitment period under the Protocol expired.

Article 2 of the UNFCCC

Most countries are Parties to the United Nations Framework Convention on Climate Change (UNFCCC). Article 2 of the Convention states its ultimate objective, which is to stabilize the concentration of greenhouse gases in the atmosphere "at a level that would prevent dangerous anthropogenic (human) interference with the climate system."

The natural, technical and social sciences can provide information on decisions relating to this objective including the possible magnitude and rate of future climate changes. However, the IPCC has also concluded that the decision of what constitutes "dangerous" interference requires value judgements, which will vary between different regions of the world. Factors that might affect this decision include the local consequences of climate change impacts, the ability of a particular region to adapt to climate change (adaptive capacity), and the ability of a region to reduce its GHG emissions (mitigative capacity).

Objectives

The main goal of the Kyoto Protocol was to control emissions of the main anthropogenic (human-emitted) greenhouse gases (GHGs) in ways that reflect underlying national differences in GHG emissions, wealth, and capacity to make the reductions.

The treaty follows the main principles agreed in the original 1992 UN Framework Convention. According to the treaty, in 2012, Annex I Parties who have ratified the treaty must have fulfilled their obligations of greenhouse gas emissions limitations established for the Kyoto Protocol's first commitment period (2008–2012). These emissions limitation commitments are listed in Annex B of the Protocol.

The Kyoto Protocol's first round commitments are the first detailed step taken within the UN Framework Convention on Climate Change. The Protocol establishes a structure of rolling emission reduction commitment periods. It set a timetable starting in 2006 for negotiations to establish emission reduction commitments for a second commitment period. The first period emission reduction commitments expired on 31 December 2012.

The ultimate objective of the UNFCCC is the "stabilization of greenhouse gas concentrations in the atmosphere at a level that would stop dangerous anthropogenic interference with the climate system." Even if Annex I Parties succeed in meeting their first-round commitments, much greater emission reductions will be required in future to stabilize atmospheric GHG concentrations.

For each of the different anthropogenic GHGs, different levels of emissions reductions would be required to meet the objective of stabilizing atmospheric concentrations (see United Nations Framework Convention on Climate Change#Stabilization of greenhouse gas concentrations). Carbon dioxide () is the most important anthropogenic GHG. Stabilizing the concentration of in the atmosphere would ultimately require the effective elimination of anthropogenic emissions.

Some of the principal concepts of the Kyoto Protocol are:
* Binding commitments for the Annex I Parties. The main feature of the Protocol

is that it established legally binding commitments to reduce emissions of greenhouse gases for Annex I Parties. The commitments were based on the Berlin Mandate, which was a part of UNFCCC negotiations leading up to the Protocol.
* Implementation. In order to meet the objectives of the Protocol, Annex I Parties are required to prepare policies and measures for the reduction of greenhouse gases in their respective countries. In addition, they are required to increase the absorption of these gases and utilize all mechanisms available, such as joint implementation, the clean development mechanism and emissions trading, in order to be rewarded with credits that would allow more greenhouse gas emissions at home.
* Minimizing Impacts on Developing Countries by establishing an adaptation fund for climate change.
* Accounting, Reporting and Review in order to ensure the integrity of the Protocol.
* Compliance. Establishing a Compliance Committee to enforce compliance with the commitments under the Protocol.

First commitment period: 2008–2012

Under the Kyoto Protocol, 37 industrialized countries and the European Community (the European Union-15, made up of 15 states at the time of the Kyoto negotiations) commit themselves to binding targets for GHG emissions. The targets apply to the four greenhouse gases carbon dioxide (), methane (), nitrous oxide (), sulphur hexafluoride (), and two groups of gases, hydrofluorocarbons (HFCs) and perfluorocarbons (PFCs).

The six GHG are translated into CO₂ equivalents in determining reductions in emissions. These reduction targets are in addition to the industrial gases, chlorofluorocarbons, or CFCs, which are dealt with under the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer.

Under the Protocol, only the Annex I Parties have committed themselves to national or joint reduction targets (formally called "quantified emission limitation and reduction objectives" (QELRO) – Article 4.1).
Parties to the Kyoto Protocol not listed in Annex I of the convention (the non-Annex I Parties) are mostly low-income developing countries, and may participate in the Kyoto Protocol through the Clean Development Mechanism (explained below).

The emissions limitations of Annex I Parties varies between different Parties.

Some Parties have emissions limitations reduce below the base year level, some have limitations at the base year level (no permitted increase above the base year level), while others have limitations above the base year level.

Emission limits do not include emissions by international aviation and shipping.

Although Belarus and Turkey are listed in the convention's Annex I, they do not have emissions targets as they were not Annex I Parties when the Protocol was adopted. Kazakhstan does not have a target, but has declared that it wishes to become an Annex I Party to the convention.

For most state parties, 1990 is the base year for the national GHG inventory and the calculation of the assigned amount.

However, five state parties have an alternative base year:
* Bulgaria: 1988;
* Hungary: the average of the years 1985–1987;
* Poland: 1988;
* Romania: 1989;
* Slovenia: 1986.

Annex I Parties can use a range of sophisticated "flexibility" mechanisms (see below) to meet their targets. Annex I Parties can achieve their targets by allocating reduced annual allowances to major operators within their borders, or by allowing these operators to exceed their allocations by offsetting any excess through a mechanism that is agreed by all the parties to the UNFCCC, such as by buying emission allowances from other operators which have excess emissions credits.

Flexibility mechanisms

The Protocol defines three "flexibility mechanisms" that can be used by Annex I Parties in meeting their emission limitation commitments. The flexibility mechanisms are International Emissions Trading (IET), the Clean Development Mechanism (CDM), and Joint Implementation (JI). IET allows Annex I Parties to "trade" their emissions (Assigned Amount Units, AAUs, or "allowances" for short).

The economic basis for providing this flexibility is that the marginal cost of reducing (or abating) emissions differs among countries.
, in
"Marginal cost" is the cost of abating the last tonne of -eq for an Annex I/non-Annex I Party. At the time of the original Kyoto targets, studies suggested that the flexibility mechanisms could reduce the overall ( aggregate) cost of meeting the targets.
, in
Studies also showed that national losses in Annex I gross domestic product (GDP) could be reduced by the use of the flexibility mechanisms.

The CDM and JI are called "project-based mechanisms", in that they generate emission reductions from projects. The difference between IET and the project-based mechanisms is that IET is based on the setting of a quantitative restriction of emissions, while the CDM and JI are based on the idea of "production" of emission reductions. The CDM is designed to encourage production of emission reductions in non-Annex I Parties, while JI encourages production of emission reductions in Annex I Parties.

The production of emission reductions generated by the CDM and JI can be used by Annex I Parties in meeting their emission limitation commitments. The emission reductions produced by the CDM and JI are both measured against a hypothetical baseline of emissions that would have occurred in the absence of a particular emission reduction project. The emission reductions produced by the CDM are called Certified Emission Reductions (CERs); reductions produced by JI are called Emission Reduction Units (ERUs). The reductions are called " credits" because they are emission reductions credited against a hypothetical baseline of emissions.

Only emission reduction projects that do not involve using nuclear energy are eligible for accreditation under the CDM, in order to prevent nuclear technology exports from becoming the default route for obtaining credits under the CDM.

Each Annex I country is required to submit an annual report of inventories of all anthropogenic greenhouse gas emissions from sources and removals from sinks under UNFCCC and the Kyoto Protocol. These countries nominate a person (called a "designated national authority") to create and manage its greenhouse gas inventory. Virtually all of the non-Annex I countries have also established a designated national authority to manage their Kyoto obligations, specifically the "CDM process". This determines which GHG projects they wish to propose for accreditation by the CDM Executive Board.

International emissions trading

A number of emissions trading schemes (ETS) have been, or are planned to be, implemented.

Asia

* ''Japan:'' emissions trading in Tokyo started in 2010. This scheme is run by the Tokyo Metropolitan Government.

Europe

* ''European Union:'' the European Union Emission Trading Scheme (EU ETS), which started in 2005. This is run by the European Commission.
* ''Norway'': domestic emissions trading in Norway started in 2005. This was run by the Norwegian Government, which is now a participant in the EU ETS.
* '' Switzerland'': the Swiss ETS, which runs from 2008 to 2012, to coincide with the Kyoto Protocol's first commitment period.
* ''United Kingdom:''
** the UK Emissions Trading Scheme, which ran from 2002 to 2006. This was a scheme run by the UK Government, which is now a participant in the EU ETS.
** the UK CRC Energy Efficiency Scheme, which started in 2010, and is run by the UK Government.

North America

* ''Canada:'' emissions trading in Alberta, Canada, which started in 2007. This is run by the Government of Alberta.
* ''United States:''
** the Regional Greenhouse Gas Initiative (RGGI), which started in 2009. This scheme caps emissions from power generation in eleven north-eastern US states (Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont, and Virginia).
** emissions trading in California, which started in 2013.
* the Western Climate Initiative (WCI), which began in 2012. This is a collective ETS agreed between 11 US states and Canadian provinces.

Oceania

* ''Australia:'' the New South Wales Greenhouse Gas Reduction Scheme (NSW), which was started in 2003. This scheme was run by the Australian State of New South Wales, and joined the Alfa Climate Stabilization (ACS) but has since been closed in 2012 to avoid duplication with the Commonwealth's carbon price.
* ''New Zealand'': the New Zealand Emissions Trading Scheme, which started in 2008.

Intergovernmental emissions trading

The design of the European Union Emissions Trading Scheme (EU ETS) implicitly allows for trade of national Kyoto obligations to occur between participating countries. The Carbon Trust found that other than the trading that occurs as part of the EU ETS, no intergovernmental emissions trading had taken place.

One of the environmental problems with IET is the large surplus of allowances that are available. Russia, Ukraine, and the new EU-12 member states (the Kyoto Parties Annex I Economies-in-Transition, abbreviated "EIT": Belarus, Bulgaria, Croatia, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Russia, Slovakia, Slovenia, and Ukraine) have a surplus of allowances, while many OECD countries have a deficit. Some of the EITs with a surplus regard it as potential compensation for the trauma of their economic restructuring. When the Kyoto treaty was negotiated, it was recognized that emissions targets for the EITs might lead to them having an excess number of allowances. This excess of allowances were viewed by the EITs as "headroom" to grow their economies. The surplus has, however, also been referred to by some as "hot air", a term which Russia (a country with an estimated surplus of 3.1 billion tonnes of carbon dioxide equivalent allowances) views as "quite offensive".

OECD countries with a deficit could meet their Kyoto commitments by buying allowances from transition countries with a surplus. Unless other commitments were made to reduce the total surplus in allowances, such trade would not actually result in emissions being reduced (see also the section below on the Green Investment Scheme).

"Green Investment Schemes"

The "Green Investment Scheme" (GIS) is a plan for achieving environmental benefits from trading surplus allowances (AAUs) under the Kyoto Protocol. The Green Investment Scheme (GIS), a mechanism in the framework of International Emissions Trading (IET), is designed to achieve greater flexibility in reaching the targets of the Kyoto Protocol while preserving environmental integrity of IET. However, using the GIS is not required under the Kyoto Protocol, and there is no official definition of the term.

Under the GIS a party to the protocol expecting that the development of its economy will not exhaust its Kyoto quota, can sell the excess of its Kyoto quota units (AAUs) to another party. The proceeds from the AAU sales should be "greened", i.e. channelled to the development and implementation of the projects either acquiring the greenhouse gases emission reductions (hard greening) or building up the necessary framework for this process (soft greening).

Trade in AAUs

Latvia was one of the front-runners of GISs. World Bank (2011)

reported that Latvia has stopped offering AAU sales because of low AAU prices. In 2010, Estonia was the preferred source for AAU buyers, followed by the Czech Republic and Poland.

Japan's national policy to meet their Kyoto target includes the purchase of AAUs sold under GISs. In 2010, Japan and Japanese firms were the main buyers of AAUs. In terms of the international carbon market, trade in AAUs are a small proportion of overall market value. In 2010, 97% of trade in the international carbon market was driven by the European Union Emission Trading Scheme (EU ETS). However, firms regulated under the EU ETS are unable to use AAUs in meeting their emissions caps.

Clean Development Mechanism

Between 2001, which was the first year Clean Development Mechanism (CDM) projects could be registered, and 2012, the end of the first Kyoto commitment period, the CDM is expected to produce some 1.5 billion tons of carbon dioxide equivalent (CO₂e) in emission reductions. Most of these reductions are through renewable energy commercialisation, energy efficiency, and fuel switching (World Bank, 2010, p. 262). By 2012, the largest potential for production of CERs are estimated in China (52% of total CERs) and India (16%). CERs produced in Latin America and the Caribbean make up 15% of the potential total, with Brazil as the largest producer in the region (7%).

Joint Implementation

The formal crediting period for Joint Implementation (JI) was aligned with the first commitment period of the Kyoto Protocol, and did not start until January 2008 (Carbon Trust, 2009, p. 20). In November 2008, only 22 JI projects had been officially approved and registered. The total projected emission savings from JI by 2012 are about one tenth that of the CDM. Russia accounts for about two-thirds of these savings, with the remainder divided up roughly equally between Ukraine and the EU's New Member States. Emission savings include cuts in methane, HFC, and N₂O emissions.

Stabilization of GHG concentrations

As noted earlier on, the first-round Kyoto emissions limitation commitments are not sufficient to stabilize the atmospheric concentration of GHGs. Stabilization of atmospheric GHG concentrations will require further emissions reductions after the end of the first-round Kyoto commitment period in 2012.

, p.122, in

Background

Analysts have developed scenarios of future changes in GHG emissions that lead to a stabilization in the atmospheric concentrations of GHGs. Climate models suggest that lower stabilization levels are associated with lower magnitudes of future global warming, while higher stabilization levels are associated with higher magnitudes of future global warming (see figure opposite).

To achieve stabilization, global GHG emissions must peak, then decline.
, in The lower the desired stabilization level, the sooner this peak and decline must occur (see figure opposite). For a given stabilization level, larger emissions reductions in the near term allow for less stringent emissions reductions later.
, in
On the other hand, less stringent near term emissions reductions would, for a given stabilization level, require more stringent emissions reductions later on.

The first period Kyoto emissions limitations can be viewed as a first-step towards achieving atmospheric stabilization of GHGs. In this sense, the first period Kyoto commitments may affect what future atmospheric stabilization level can be achieved.

Relation to temperature targets

At the 16th Conference of the Parties held in 2010, Parties to the UNFCCC agreed that future global warming should be limited below 2°C relative to the pre-industrial temperature level. One of the stabilization levels discussed in relation to this temperature target is to hold atmospheric concentrations of GHGs at 450 parts per million (ppm) - eq. Stabilization at 450 ppm could be associated with a 26 to 78% risk of exceeding the 2 °C target.

Scenarios assessed by Gupta ''et al.'' (2007)
, in suggest that Annex I emissions would need to be 25% to 40% below 1990 levels by 2020, and 80% to 95% below 1990 levels by 2050. The only Annex I Parties to have made voluntary pledges in line with this are Japan (25% below 1990 levels by 2020) and Norway (30–40% below 1990 levels by 2020).

Gupta ''et al.'' (2007) also looked at what 450 ppm scenarios projected for non-Annex I Parties. Projections indicated that by 2020, non-Annex I emissions in several regions (Latin America, the Middle East, East Asia, and centrally planned Asia) would need to be substantially reduced below "business-as-usual". "Business-as-usual" are projected non-Annex I emissions in the absence of any new policies to control emissions. Projections indicated that by 2050, emissions in all non-Annex I regions would need to be substantially reduced below "business-as-usual".

Details of the agreement

The agreement is a protocol to the United Nations Framework Convention on Climate Change (UNFCCC) adopted at the Earth Summit in Rio de Janeiro in 1992, which did not set any legally binding limitations on emissions or enforcement mechanisms. Only Parties to the UNFCCC can become Parties to the Kyoto Protocol. The Kyoto Protocol was adopted at the third session of the Conference of Parties to the UNFCCC in 1997 in Kyoto, Japan.

National emission targets specified in the Kyoto Protocol exclude international aviation and shipping. Kyoto Parties can use land use, land use change, and forestry (LULUCF) in meeting their targets. LULUCF activities are also called "sink" activities. Changes in sinks and land use can have an effect on the climate, and indeed the Intergovernmental Panel on Climate Change's Special Report on Land use, land-use change, and forestry estimates that since 1750 a third of global warming has been caused by land use change. Particular criteria apply to the definition of forestry under the Kyoto Protocol.

Forest management, cropland management, grazing land management, and revegetation are all eligible LULUCF activities under the Protocol.

Annex I Parties use of forest management in meeting their targets is capped.

Negotiations

Article 4.2 of the UNFCCC commits industrialized countries to "akethe lead" in reducing emissions.

The initial aim was for industrialized countries to stabilize their emissions at 1990 levels by 2000. The failure of key industrialized countries to move in this direction was a principal reason why Kyoto moved to binding commitments.

At the first UNFCCC Conference of the Parties in Berlin, the G77 was able to push for a mandate (the "Berlin mandate") where it was recognized that:

* developed nations had contributed most to the then-current concentrations of GHGs in the atmosphere (see Greenhouse gas#Cumulative and historical emissions).
* developing country emissions per-capita (i.e., average emissions per head of population) were still relatively low.
* and that the share of global emissions from developing countries would grow to meet their development needs.
During negotiations, the G-77 represented 133 developing countries. China was not a member of the group but an associate. It has since become a member.

The Berlin mandate was recognized in the Kyoto Protocol in that developing countries were not subject to emission reduction commitments in the first Kyoto commitment period. However, the large potential for growth in developing country emissions made negotiations on this issue tense.

In the final agreement, the Clean Development Mechanism was designed to limit emissions in developing countries, but in such a way that developing countries do not bear the costs for limiting emissions. The general assumption was that developing countries would face quantitative commitments in later commitment periods, and at the same time, developed countries would meet their first round commitments.

Emissions cuts

Views on the Kyoto Protocol#Commentaries on negotiations contains a list of the emissions cuts that were proposed by UNFCCC Parties during negotiations. The G77 and China were in favour of strong uniform emission cuts across the developed world.

The US originally proposed for the second round of negotiations on Kyoto commitments to follow the negotiations of the first.

In the end, negotiations on the second period were set to open no later than 2005. Countries over-achieving in their first period commitments can "bank" their unused allowances for use in the subsequent period.

The EU initially argued for only three GHGs to be included – , , and – with other gases such as HFCs regulated separately. The EU also wanted to have a "bubble" commitment, whereby it could make a collective commitment that allowed some EU members to increase their emissions, while others cut theirs.

The most vulnerable nations – the Alliance of Small Island States (AOSIS) – pushed for deep uniform cuts by developed nations, with the goal of having emissions reduced to the greatest possible extent. Countries that had supported differentiation of targets had different ideas as to how it should be calculated, and many different indicators were proposed. Two examples include differentiation of targets based on gross domestic product (GDP), and differentiation based on energy intensity (energy use per unit of economic output).

The final targets negotiated in the Protocol are the result of last minute political compromises. The targets closely match those decided by Argentinian Raul Estrada, the diplomat who chaired the negotiations. The numbers given to each Party by Chairman Estrada were based on targets already pledged by Parties, information received on latest negotiating positions, and the goal of achieving the strongest possible environmental outcome. The final targets are weaker than those proposed by some Parties, e.g., the Alliance of Small Island States and the G-77 and China, but stronger than the targets proposed by others, e.g., Canada and the United States.

Financial commitments

The Protocol also reaffirms the principle that developed countries have to pay billions of dollars, and supply technology to other countries for climate-related studies and projects. The principle was originally agreed in UNFCCC. One such project is The Adaptation Fund, which has been established by the Parties to the Kyoto Protocol of the UN Framework Convention on Climate Change to finance concrete adaptation projects and programmes in developing countries that are Parties to the Kyoto Protocol.

Implementation provisions

The protocol left several issues open to be decided later by the sixth Conference of Parties COP6 of the UNFCCC, which attempted to resolve these issues at its meeting in the Hague in late 2000, but it was unable to reach an agreement due to disputes between the European Union (who favoured a tougher implementation) and the United States, Canada, Japan and Australia (who wanted the agreement to be less demanding and more flexible).

In 2001, a continuation of the previous meeting (COP6-bis) was held in Bonn, where the required decisions were adopted. After some concessions, the supporters of the protocol (led by the European Union) managed to secure the agreement of Japan and Russia by allowing more use of carbon dioxide sinks.

COP7 was held from 29 October 2001 through 9 November 2001 in Marrakech to establish the final details of the protocol.

The first Meeting of the Parties to the Kyoto Protocol (MOP1) was held in Montreal from 28 November to 9 December 2005, along with the 11th conference of the Parties to the UNFCCC (COP11). See United Nations Climate Change Conference.

During COP13 in Bali, 36 developed Contact Group countries (plus the EU as a party in the European Union) agreed to a 10% emissions increase for Iceland; but, since the EU's member states each have individual obligations, much larger increases (up to 27%) are allowed for some of the less developed EU countries (see below ). Reduction limitations expired in 2013.

Mechanism of compliance

The protocol defines a mechanism of "compliance" as a "monitoring compliance with the commitments and penalties for non-compliance." According to Grubb (2003),

the explicit consequences of non-compliance of the treaty are weak compared to domestic law. Yet, the compliance section of the treaty was highly contested in the Marrakesh Accords.

Enforcement

If the enforcement branch determines that an Annex I country is not in compliance with its emissions limitation, then that country is required to make up the difference during the second commitment period plus an additional 30%. In addition, that country will be suspended from making transfers under an emissions trading program.

Ratification process

The Protocol was adopted by COP 3 of UNFCCC on 11 December 1997 in Kyoto, Japan. It was opened on 16 March 1998 for signature during one year by parties to UNFCCC, when it was signed Antigua and Barbuda, Argentina, the Maldives, Samoa, St. Lucia and Switzerland. At the end of the signature period, 82 countries and the European Community had signed. Ratification (which is required to become a party to the Protocol) started on 17 September with ratification by Fiji. Countries that did not sign acceded to the convention, which has the same legal effect.

Article 25 of the Protocol specifies that the Protocol enters into force "on the ninetieth day after the date on which not less than 55 Parties to the Convention, incorporating Parties included in Annex I which accounted in total for at least 55% of the total carbon dioxide emissions for 1990 of the Annex I countries, have deposited their instruments of ratification, acceptance, approval or accession."

The EU and its Member States ratified the Protocol in May 2002. Of the two conditions, the "55 parties" clause was reached on 23 May 2002 when Iceland ratified the Protocol. The ratification by Russia on 18 November 2004 satisfied the "55%" clause and brought the treaty into force, effective 16 February 2005, after the required lapse of 90 days.

As of May 2013, 191 countries and one regional economic organization (the EC) have ratified the agreement, representing over 61.6% of the 1990 emissions from Annex I countries. One of the 191 ratifying states—Canada—has renounced the protocol.

Non-ratification by the US

The US signed the Protocol on 12 November 1998, during the Clinton presidency. To become binding in the US, however, the treaty had to be ratified by the Senate, which had already passed the 1997 non-binding Byrd-Hagel Resolution, expressing disapproval of any international agreement that did not require developing countries to make emission reductions and "would seriously harm the economy of the United States". The resolution passed 95–0. Therefore, even though the Clinton administration signed the treaty, it was never submitted to the Senate for ratification.

At the outset of the Bush administration, Senators Chuck Hagel

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