Global Climate Change: Selected Legal Questions About the Kyoto Protocol

Publication Date: October 2002

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Environment

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Abstract:

On November 12, 1998, the United States signed the Kyoto Protocol to the United Nations Framework Convention on Climate Change. The Protocol had been concluded a year earlier (on December 10, 1997) by delegates from 161 nations and sets binding targets for reduction of emissions of greenhouse gases by developed nations. It cannot be legally binding on the U.S. until it enters into effect internationally and the Senate gives its advice and consent. Nonetheless, signature of a treaty does impose an obligation under international law to refrain from actions that would undermine the Protocol's object and purpose. That obligation continues to apply until such time as the signatory ratifies the Protocol or makes clear its intent not to do so. Signature alone does not implement the Protocol, nor does it provide a legal basis for the provisional implementation of the Protocol by the U.S.. Congress can, however, pursuant to its own constitutional authority, adopt measures which parallel or support the obligations of the Protocol. This report addresses each of these legal issues and will be updated as events warrant.