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Legal Services, Legal Services India, Law Firm, India, Land Disputes, Property Disputes, Rent Disputes,Real Estate, Property, Divorce, Adoption
Legal Services, Legal Services India, Law Firm, India, Land Disputes, Property Disputes, Rent Disputes,Real Estate, Property, Divorce, Adoption
Legal Services, Legal Services India, Law Firm, India, Land Disputes, Property Disputes, Rent Disputes,Real Estate, Property, Divorce, Adoption

KYOTO PROTOCOL

The earth has warmed by about one degree Fahrenheit in the last century & the warming has accelerated in the last two decades. This acceleration is the result of emission of heat-trapping industrial gases like CO 2, CFC's, methane etc. If the emissions are not reduced the surface will warm by about another 3.5 degree over the next century. The most spectacular effects of global warming would be:-

  • Rise in mean sea level;
  • Changes in rainfall pattern;
  • Variance in global wind pattern;
  • Major implications in flora and fauna;
  • Adverse affect on real coral reef ecosystems, public health issues etc.

The Kyoto Protocol was adopted in light of the above background of global warming.

SIGNING OF KYOTO PROTOCOL

  • In June 1992, at the Earth Summit held in Rio De Janeiro (Brazil), the United Nations Framework Conventions on climate change was adopted. This treaty called upon the industrialized countries to reduce their emissions of green house gases, back to 1990 levels, by the year 2000.
  • But soon the nations realized that the above targets could not be met. So in Dec 1997, the Kyoto Protocol was formulated with more modest and achievable targets. About 160 countries took part in this convention. It is also known as the "Green House Conference". By the end of 2001, only 3 countries Czech Republic, Ireland & Romania had signed the agreement.
  • A total of 165 countries participated in a meeting held on November 10,2001 at Marrakash (Morocco). After much haggling all the nations approved the full set of rules of the Kyoto Protocol. But USA did not ratify the agreement.

DISTINCT PROVISION OF KYOTO PROTOCOL

  • The Kyoto Protocol has been endorsed by 165 nations. It will become legally binding only when atleast 55 countries ratify it. Those 55 countries should necessarily include developed nations responsible for atleast 55% of emissions from the industrialized world.
  • The developed countries would reduce their collective emissions by 5.2% (from 1990 levels), by the year 2012.
  • The overall global cut of 5.2% is to be achieved by differential reductions for individual nations. The different limits of reduction of various nations are as follows:
      • European Union, Switzerland, central and eastern Europe --- 8%
      • U.S.A --- 7%
      • Japan, Hungary, Canada, Poland --- 6%
      • New Zealand, Russia, Ukraine are required to stabilize their emissions
      • Norway and Ireland may increase their emissions upto 1% & 10% respectively
  • The emissions covered by the Protocol include the following six major components:-
    • Carbon Dioxide
    • Nitrous oxide
    • Hydro-fluorocarbons
    • Methane
    • Per fluorocarbons
    • Sulphur Hexaflouride
  • The Protocol envisages a "Clean Development Mechanism" that allows developed countries to credit projects aimed at reducing emissions in developing nations towards their own reduction targets.
  • The Kyoto Protocol also provides for "Emission Trading System". The European union has implemented this system under which an industry that emits more than its quota can buy emissions rights from an industry emitting less than its own quota. This system will help big nations to achieve their reduction targets by burden sharing.
  • The Protocol allows the countries to fulfill their commitments jointly (such as with regional agreements). The commitments would be reckoned on a net basis & each country must credibly measure its contribution.

US FAILURE TO RACTIFY KYOTO PROTOCOL:-

The Kyoto Protocol suffered a lethal blow when USA opted out of it in 2001. The initial deal was done for US by the then Vice President Al Gore (in 1997), a known champion of environmental protection. But George Bush who defeated Gore for the Presidency in 200 was opposed to the treaty. Finally the US Senate which had to ratify the agreement before it could take effect, rejected it by a huge margin, laying down the following reasons:-]

  • The target of 7% imposed by the Protocol was unachievable;
  • The abrupt reductions in emissions in short term & no commitments for distant years is a wrong approach to tackle global warming;
  • The developing countries like India & China are getting scot-free with no legally binding commitments on them.

However, this agreement is not based on facts, as the problem of accelerated emissions was itself created by rich world in the process of industrialization over the past century. The US alone accounts for 25 % of the total green house gas emissions.

RECENT DEVELOPMENTS: -

In December 18, 2002, the United Nations reported Canada's ratification of the Protocol. With this the agreement total membership rose to 100. Meanwhile, in August 2002, the union cabinet of India decided to ratify the Kyoto Protocol. However, there are no binding commitments on India, since it is a developing nation. The treaty finally came into force in February 2005 when the statistical requirement of ratification was met.

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