The International Climate Change Regime: Kyoto Protocol I - Climate Change Law, 2014 Prof. Dr. Christina Voigt
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7. The International
Climate Change Regime:
Kyoto Protocol I
Climate Change Law, 2014
Prof. Dr. Christina Voigt
Quiz
1. Which legally binding international
agreements exists in the field of climate
change?
2. Where do we find the ultimate objective
of the UNFCCC?
3. What is the COP?
4. Which principles do we find in the
UNFCCC?
2
UNFCCC Stronger commitments needed! …. Art. 17: Protocol necessary (more specific obligations)
Kyoto Protocol - CPI • Adopted 11.12.1997, Entered into force 16.02.2005, Members: 192 States and the EU • Objectives and principles of the Convention apply! • Sets quantified emissions limitation and reduction obligations (QELRO) for Annex-I Parties (37 States) • Art. 3.1 KP: overall emissions from Annex I Parties shall be reduced to at least 5% below 1990 levels within 2008-2012 (First Commitment Period) • Assigned Amounts (Annex B) • Art. 3.1 KP: Annex I Parties shall not exceed their Assigned Amounts)
Kyoto Protocol CPII
Amendments to the KP in Decision 1/CMP.8 («Doha
Amendment»):
– Second commitment period (2013-2020) for KP Annex-I
countries, minus CA (no member), RUS, NZL, J (no KPII)
– Objective of reducing GHG emisions by at least 18% below
1990 (translation of voluntary pledges into QUELROs – no
strengthening of commitments), IPCC suggested: range of
25-40%) 15% of global emissions
– Party may «propose an adjustment to decrease» its
QUELRO, review in 2014 – P: link to ADP
– When does it enter into force? (provisional application/
implementation consistent with national legislation or
domestic processes)
Kyoto Protocol
Countries included in Annex B to the Kyoto Protocol and their emissions targets
Country Target (1990- 2008/2012)
EU-15, Bulgaria, Czech Republic,
Estonia, Latvia, Liechtenstein,
-8%
Lithuania, Monaco, Romania,
Slovakia, Slovenia, Switzerland
US -7%
Canada, Hungary, Japan, Poland -6%
Croatia -5%
New Zealand, Russian
0
Federation, Ukraine
Norway +1%
Australia +8%
Iceland +10%Kyoto Protocol
Countries included in Annex B to the Kyoto Protocol and their emissions targets
Country 2008-2012 2013-2020
EU-15, Bulgaria, Czech Republic,
Estonia, Latvia, Liechtenstein,
-8% -20%
Lithuania, Monaco, Romania,
Slovakia, Slovenia, Switzerland
US -7% 0
Canada, Hungary, Japan, Poland -6% -20%
Croatia -5% -20%
New Zealand, Russian
0 -24%
Federation, Ukraine
Norway +1% -16%
Australia +8% - 0,5%
Iceland +10% -20%Kyoto Protocol • Rules focus on: • Commitments: legally binding individual emissions targets and general commitments • Implementation: domestic masures and four novel implementing mechanisms (flexibility mechanisms) • Minimizing impacts on developing countries • Accounting, Reporting and Review • Compliance: Compliance Committee to assess and deal with problems of non-compliance
The compliance system of the
Kyoto Protocol
• Three functions
–Fact-finding
–Legal assessment
–Determination of consequences
• Legal basis
–Expert Review Teams (KP art. 8)
–Non-compliance procedure (KP art. 18)
Dec. 24/CP.7 (Marrakesh Accords)
Dec. 27/CMP.1
Rules of Procedure (Decision 4/CMP.2 revidert 9
Decision 4/CMP. 4)Decision of the Compliance
Committee
1011
XI. Appeals
1. The Party in respect of which a final decision has been taken may appeal to
the Conference of the Parties serving as the meeting of the Parties to the
Protocol against a decision of the enforcement branch relating to Article 3,
paragraph 1, of the Protocol if that Party believes it has been denied due
process.
2. The appeal shall be lodged with the secretariat within 45 days after the Party
has been informed of the decision of the enforcement branch. The Conference
of the Parties serving as the meeting of the Parties to the Protocol shall
consider the appeal at its first session after the lodging of the appeal.
3. The Conference of the Parties serving as the meeting of the Parties to the
Protocol may agree by a three-fourths majority vote of the Parties present and
voting at the meeting to override the decision of the enforcement branch, in
which event the Conference of the Parties serving as the meeting of the Parties
to the Protocol shall refer the matter of the appeal back to the enforcement
branch.
4. The decision of the enforcement branch shall stand pending the decision on
appeal. It shall become definitive if, after 45 days, no appeal has been made
against it. the Protocol shall consider the appeal at its first session after the
lodging of the appeal.
12Flexibility Mechanisms • Geographic location of abatement measures is climatically irrelevant • Aim: global cost-effectiveness and reduction of compliance costs • Assigned amounts (AU) can be divided up into units (Assigned Amount Units – AAUs) allowing Annex I Parties (37 + EU) to participate in the flexibility mechanisms • Units create a tradable currency (1 unit= 1 t CO2 eqv.)
Flexibility Mechanisms
4 Types of Mechanisms:
• International Emissions Trading, Art. 17 (allows for
trade with AAUs, ERUs, CERs)
•Clean Development Mechanism (CDM) Art. 12
• Resulting in Certified Emissions Reductions – CERs
• Non-Annex I/ Annex I Projects
• Joint Implementation (Art. 6)
•Resulting in Emission Reduction Units – ERUs
•Annex I /Annex I Projects
•Joint Fulfillment of Commitment (Art. 4)Kyoto Protocol: Flexibility
Mechanisms
Eligibility Requirements:
• Annex I Party
• Ratification of KP
• Compliance
• Methodological and reporting infrastructure in place
• Establishment of designated national entities and
registries
• Inventories for accounting the tradable unitsSupplementarity
• Art. 17, Art. 12.3(b), Art. 6.1 (d) Kyoto Protocol
• Marrakesh Accords: (Decision 15/CP.7)
“The Conference of the Parties: ...
Affirming that the use of the mechanisms shall be
supplemental to domestic action and that domestic action
shall thus constitute a significant element of the effort
made by each Party included in Annex I to meet its
quantified emission limitation and reduction commitments
under Article 3, paragraph 1.”
(15/CP.7, preamble)
1617
18
The Global Carbon Market
20 mil t CO2
10 mil kvoter
= 400 mil NOK
N 8 Mrd NOK
AUS ETS
(?) (Norge)
Annex I
Others?
10 mil CERs 10 mil ERUs
Joint Implementation
Art. 6 KP
L
Japan IET 40 mil NOK 200 mil NOK
(Lithuania)
South Korea
NOK 40 Annex-I
China
ERUs
International
Emissions Trading Clean Development NOK 20
Art. 17, Mechanism
3.10, 3.11 KP Art. 12 KP
NZ ETS
2010
EU ETS
Since 2005
USA:
Federal?
WCI
CERs
NOK 4
China
RGGI Non-Annex I
(2012)You can also read
