Yawns in Bonn
The fifth Conference of the Parties (COP-5) to the UN Framework Convention on Climate Change concluded with little fanfare and with major decisions being put off until COP-6 in 2000. The conference had begun with German Chancellor Gerhard Schroeder calling on governments to ratify the Protocol so that it will be in force by 2002.
The dispute between the U.S. and the E.U. over whether there should be caps on the use of flexible mechanisms was tabled once again. But several technical issues were resolved, such as an agreement “on how to improve the rigor of national reports from industrialized countries and strengthen the guidelines for measuring their greenhouse gas emissions.”
“Other decisions,” according to a press release from the conference, “establish the process negotiators will follow over the coming 12 months. They will make it possible to finalize regimes for non-compliance, capacity building, emission trading, joint implementation, and a Clean Development Mechanism. They also point the way forward for determining how to address adverse effects on developing countries and how to account for net emissions from forests (which can act as carbon sinks).” The sixth Conference of the Parties will be held in The Hague on November 13-24, 2000.
Implementation Without Ratification?
The Clinton-Gore Administration has said repeatedly that it will do nothing to implement the Kyoto Protocol prior to ratification by the U.S. Senate. Several actions by the administration, however, demonstrate that they are perfectly willing to pursue reductions of CO2 in the absence of ratification. Although administration proposals such as the Clean Technology Initiative and its support for “credits for early action” may not directly implement Kyoto, they are clearly meant to grease the skids to ratification, and perhaps make such a vote a mere formality.
A recent action by the administration clearly shows it has no respect for constitutional processes. The U.S. Senate rejected the Comprehensive Test Ban Treaty by a 51-48 vote on October 13. Despite this rejection, the administration maintains that the treaty is the law of the land merely by virtue of the presidents signature.
According to an article in The Washington Times (November 2, 1999), Secretary of State Madeleine Albright wrote a letter to foreign governments stating that the U.S. is legally bound by the treaty despite the Senates rejection. “Despite this setback, I want to assure you that the United States will continue to act in accordance with its obligations as a signatory under international law, and will seek reconsideration of the treaty at a later date when conditions are better suited for ratification,” said Secretary Albright.
State Department spokesman James Rubin said in an interview, “We believe that so long as the presidentexpresses his intention to seek advice and consent pending whatever timeframe he chooses, customary international law applies.” In other words, as long as the administration has not given up on the treaty it is still legally bound to uphold it. The same logic could apply to Kyoto. Since President Clinton has not submitted it to the Senate for ratification, but plans to do so, the U.S. is bound to comply with its targets.
Further evidence of the administrations disrespect for the law is its latest attack on coal-fired power plants. Thwarted by the D.C. Court of Appeals in its attempts to impose overly stringent air-quality standards on utilities in Midwestern states, the Environmental Protection Agency has brought suit against seven electric utility companies for emissions at coal-fired power plants.
According to Ken Maize, editor of Electricity Daily (November 8, 1999), “EPA has concocted a novel, backdoor approach (to lower NOx emissions): claiming that what the utilities clearly believed were routine maintenance activities were actually major modifications under the Clean Air Act. Its a gigantic stretch.”
“The EPAs latest ploy is clearly extra-legal. The definition of routine maintenance has been long established, and none of the utilities charged in the EPA complaint were reckless enough or stupid enough to try to turn routine maintenance into a loophole,” wrote Mr. Maize. “A retrospective reinterpretation in what constitutes a major modification gives the agency a hammer to pound home its policy views.”
CEI Challenges Pew
The debate over global warming has deteriorated to thirty-second sound bites that consist of a litany of scare stories with no scientific basis whatsoever. In an attempt to raise the level of the debate, the Competitive Enterprise Institute has challenged the Pew Center on Climate Change, a major left-wing advocate of energy controls, to a series of scientific debates in Washington and other cities, “to review the evidence for and against Kyoto in a more thoughtful fashion.”
The letter was sent by Jack Kemp, a distinguished fellow at CEI, to the Pew Center and appeared in a full-page ad in Roll Call on November 2, 1999. So far the Pew Center has not responded to the challenge.