Kyoto Protocol

The Kyoto Protocol was negotiated in

1997 as a supplement to the Framework
Convention on Climate Change and
eventually ratified in February 2005.
Richer countries, known as Annex 1
countries, are subject to legally binding
targets for cutting greenhouse gas
emissions.

An international conference of G-77

was organized during dec 1-10 1997 at
kyoto Japan to discuss global warming
and sign an agreement to reduce it.84
countries participated in this event.
The kyoto protocol as the treaty is now
called is an addition to the UN
Framework Convention on climate
change(UNFCCC) a legally binding
convention that was signed in 1992
following the earth summit in 1992

 The agreement to reduce global warming

for at least 10 years is called Kyoto Protocol
or thermal treaty.
It resolved reduction in emission of
greenhouse gases including carbon dioxide
and establishment of clean development
fund funded by imposing fines realized from
the countries which flout the protocol .
Since protocol is being used to set up a
trading system to buy and sell carbon
emission ,it is not being understood as
environmental agreement but a trading
agreement.

LEGAL FRAMEWORK OF THE KYOTO

PROTOCOL AND
THE WTO
The Kyoto Protocol is an international agreement
on climate change, whereby industrialized nations
and nations with economies in transition (together
called Annex I countries),have agreed to reduce
or restrict their greenhouse gas (GHG)
emissions. Article 2 of the Kyoto Protocol calls on
Annex I States to implement policies, which will
address sustainable development and GHG
emissions. The Protocol, therefore, addresses both
the reduction of GHG emissions and the sustained
health of the international economy

 The WTO is an international economic

organization comprised of 150 member
governments that addresses trade rules and
disputes between member nations. The WTO
is responsible for administering various trade
agreements, including the General Agreement
on Tariffs and Trade (GATT), a multilateral
agreement to encourage free trade among
nations by reducing trade barriers. The
Preamble of the Agreement Establishing the
WTO calls for an expansion of global trade in
accordance with the objective of sustainable
development as well as the protection and
reservation of the environment.

 Article XX of the GATT provides the

implementation of measures
necessary to protect human, animal
or plant life or health or relating to
the conservation of exhaustible
natural resources if such measures
are made effective in conjunction
with restrictions on domestic
production or consumption.