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

8 Pages Posted: 6 Dec 2012  

Deepa Badrinarayana

Chapman University, The Dale E. Fowler School of Law

Date Written: December 5, 2012

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

Suggested Citation

Badrinarayana, Deepa, The Kyoto Protocol's Emissions Trading Scheme: Realistic or Unjust Solution for Potential Developing Nation Signatories? (December 5, 2012). Environmental Law Reporter, Vol. 42, 2012. Available at SSRN: https://ssrn.com/abstract=2185730

Deepa Badrinarayana (Contact Author)

Chapman University, The Dale E. Fowler School of Law ( email )

One University Drive
Orange, CA 92866-1099
United States
714-628-2673 (Phone)

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