The Kyoto Protocol's Emissions Trading Scheme: Realistic or Unjust Solution for Potential Developing Nation Signatories?

Abstract

Divergent legal obligations among major greenhouse gas emitters are a roadblock to establishing an effective climate change mitigation treaty. The United States, and now Canada, Japan, and Russia, have rejected time-bound, legally binding emissions reduction obligations unless major developing country emitters such as China and India undertake comparable binding obligations to reduce their emissions. While scholars and policymakers have considered arguments for including all major emitters, the legal capacity of developing countries to participate and implement market mechanism solutions under the Kyoto Protocol has received little attention. Even if developing countries were to sign the Protocol, they lack the legal and administrative capacity to implement the emissions trading scheme, which is a core solution to climate change mitigation under the Protocol.

Keywords: climate change, India, global warming, Clean Air Act, emissions, Kyoto Protocol, UNFCCC, developing countries, climate justice, climate law