On Monday, July 23, negotiators in Bonn struck an agreement claiming that they had succeeded in rescuing the Kyoto Protocol despite the U.S.s refusal to endorse it. Pundits across the globe celebrated the breakthrough proclaiming the world safe from greenhouse gases.
“This first small step is a giant leap for humanity and for the future of our planet,” according to World Wildlife Funds Jennifer Morgan. “We have delivered probably the most comprehensive and difficult agreement in human history,” said New Zealand delegate Peter Hodgson (Investors Business Daily, July 24, 2001). And European Union environment commissioner, Margot Wallstrom, declared, “We have finalized the rescue operation. We have rescued the Kyoto protocol. It is a major achievement because we will live with this for many years to come” (The Glasgow Herald, July 24, 2001).
But is all this hyperbole justified? As noted in the July 25 issue of the Los Angeles Times, “After a good nights sleep and some sober contemplation, environmental activists Tuesday conceded the Kyoto Protocol adopted a day earlier falls far short of the lofty goals for fighting global warming contained in the original proposal.”
Indeed, the prognosis is even worse than portrayed in the Los Angeles Times. Nothing
specific was agreed to. For example, the delegates agreed to establish an adaptation fund for developing countries that would be funded by developed countries, but no agreement as to how much each country would contribute was reached. They also agreed that funding for the Global Environment Facility should increase, but again no specifics were contemplated.
As noted by Cooler Heads Counsel, Chris Horner, who attended the Bonn conference, “Negotiators addressed specifics of some among the scores of Kyoto provisions, and some of those resulted in agreement. Notwithstanding the absence of any comprehensive detailing of specifics, however, the bulk of those agreements actually consist of vague palliatives with a promise to continue talking about the issue. That is, for the most part there were merely agreements to agree at a later date.”
In what could be seen as a major defeat for the EU, it finally conceded the use of carbon sinks and emission trading on the insistence of Japan. Last November at the Hague, the EU allowed negotiations to collapse rather than make similar concessions to the U.S. With the U.S. out of the picture, however, Japan has become the key to bringing Kyoto into force because if it, along with the U.S., fails to ratify Kyoto it cannot become international law.
WWFs Jennifer Morgan characterized the reaching of the agreement without the U.S. as a “geopolitical earthquake,” implying a shift in power, but Bushs refusal to accept Kyoto forced the EU to make concessions that it had previously said were unacceptable if the treaty were to retain its “environmental integrity.” Moreover, WWF estimates that the concessions will lower carbon emission reductions from 5.2 percent below 1990 levels to 1.8 percent below 1990 levels.
“The biggest problem,” according to the Electricity Daily (July 26, 2001), “is that, technically speaking, the FCCC Conference of the Parties meeting in Bonn is not adopting rules at all, it is adopting recommendations. Moreover, these recommendations are addressed to a body that does not yet exist, and may not come into being for a long time.”
Rules that are binding on the parties to the protocol cannot be made until the protocol is ratified and becomes international law and the “Conference of the Parties serving as the Meeting of the Parties,” or COP/MOP, is created. “Every binding rule adopted in the Bonn agreement is carefully phrased as a recommendation to the COP/MOP, because the COP cannot make Protocol rules at this time,” says Electricity Daily.
That, all along, has been the major barrier to ratification for most of the countries with targets and timetables. Without knowing what the specific rules will be with regards to monitoring and enforcement, for instance, they are loath to ratify. Yet rules cannot be made until Kyoto is ratified.
Finally, although Japan has tentatively agreed to the recommendations made in Bonn, there is still no guarantee that it will ratify Kyoto. Indeed, a EU delegation source stated, “Ratification is by no means a foregone conclusion” (Agence France Presse, July 24, 2001). Japan has continued to insist on U.S. participation.
Australia has taken a similar stance. Australias environment minister, Robert Hill said that, “At the end of the day there are some very good parts to this agreement for Australia but there are still some areas which we have concerns with.” He also said, “you cant have an effective global response without the U.S.” Russia has also shown skepticism with the process and has yet to signal its willingness to ratify the treaty.