TED Case Studies

The Kyoto Protocol:

International Agreement, Domestic Implications

IDENTIFICATION
LEGAL CLUSTERS
GEOGRAPHIC CLUSTERS
TRADE CLUSTERS
ENVIRONMENT CLUSTERS
OTHER FACTORS

I. Identification

1. The Issue

The threat of ratifying the Kyoto Protocol, a binding international agreement which is not necessarily favorable to various U.S. industries and interest groups, has prompted the proposal of domestic legislation related to some aspects of the Protocol.  Whether this legislation will be passed is one issue.  If it is passed, whether the legislation will serve as a substitute to the United States ratifying the Protocol, or as a stepping stone towards ratification, remains to be unseen.  But the impact and power of American interest groups and industries on U.S. foreign policy is apparent in this issue.  International agreements are highly correlated with our nation's domestic economy and the numerous parties associated with it..

2. Description

"The Kyoto process involves nearly every government in the world and the means by which their people power their industries, transport their goods and themselves, heat their homes and cook their suppers" (qt. in Boukhari, 1998: 13).

Background
The United Nations Framework Convention on Climate Change (UNFCCC) is an agreement that was reached by 165 nations in 1992.  The participating countries agreed to work together to combat global warming and climate change.  At the third meeting of the UNFCCC in December, 1997, 175 nations agreed to the Kyoto Protocol.  The Protocol sets a legally binding agreement for 39 developed countries to reduce their greenhouse gas emissions by 5.2 percent (using 1990 as the base year) for the years 2008 to 2012.  Specifically, the United States must reduce emissions by 7 percent, the European Union by 8 percent, and Japan 6 percent (Boukhari, 1998:12).  The Protocol does not mandate any reductions for developing countries.  The treaty provides that each country show progress towards that goal by 2005.

The treaty will enter into force after it is ratified by 55 countries, a total which must include developed countries representing 55 percent of carbon dioxide emissions.  (UNFCCC, "84 Signatories...", 1999).  The Protocol allows flexibility in meeting the reduction targets.  Forestry that absorbs carbon emissions will count towards reduction, carbon permits may be traded between countries, and countries can receive credit for helping less developed countries limit the effects of carbon emissions.  Supporters of Senate ratification of the Kyoto Protocol include organizations such as Greenpeace and the Environmental Defense Fund, the White House, and the International Climate Change Partnership that includes member companies such as General Motors and British Petroleum.  The Protocol has been approved by the U.S. House of Representatives, but at this point ratification by the Senate appears improbable.  Most senators in Congress oppose ratification (Fairbanks, 1999:15).  The Senate has tied its approval to developing countries participation in the control mandates.  Foreign officials from these developing countries have expressed doubts that the White House will be able to convince the Senate to honor the United States' own commitments, so they do not want to go out of the way and commit themselves  (Judis, 1999:18).  The only nations not subject to restrictions by the Protocol  that have agreed to voluntary curb their emissions are Kazakhstan and Argentina (Fairbanks, 1999:15).

The UNFCCC points out that it is only fair that developed countries initially take on the burden of reducing emissions, exempting, at this point in time, developing nations.  Historically, developed countries are the one mostly responsible for greenhouse gases.  Currently, industrial nations account for 64 percent of carbon dioxide emissions (Srodes, 1998: 15).  All the early industrializers such as Europe and the United States created their wealth by polluting the atmosphere, therefore they should have the largest role in cleaning it up.  Developing countries have a right to economic development, even if it comes at a time period much later than developed nations.  At this point in time, these poorer nations do not have the technological or economic resources to cope with the problem.  If they are allowed to develop and prosper, they will achieve these resources, and be able to participate in the future fight against emissions reduction (UNFCCC "Understanding...", 1999).

The Controversy
The Kyoto Protocol has been receiving vast amounts of attention in the United States from politicians, businesses, industries, interest groups and organizations.  This is because the Protocol has implications for each of the aforementioned groups.  There is a general consensus that curbs on carbon dioxide emissions will impact domestic trade,  jobs, and consumers.  Specifically, the agreement is expected to have significant effects on the Chemicals, Petroleum Refining, Paper, Iron and Steel, Aluminum, and Cement Industries.  It will affect the entire Energy Industry, with effects spilling over to the jobs and consumers connected with it (Global Climate Coalition, 1999). Consequentially, there are a vast number of interest groups associated with these industries who oppose the Protocol.  However, even the opponents of Kyoto agree that something must be done to combat emissions problems.  They also agree that even if Kyoto is not ratified, there is likely to be some sort of regulatory standard in the future regardless.  This attitude has prompted industries to lobby for legislation that may help them with this dilemma.

A partial solution welcome to many of these interest groups would be S.547, the Credit for Voluntary Reductions Act, introduced in the Senate March 4, 1999 by Senator John Chafee.  This bipartisan legislation  addresses the concerns of many companies.  Should the Protocol win ratification and take affect in 2008, companies want to be sure they get credit for any reductions they achieve before that time.  The bill gives credits that can be financially valuable for early actions to control waste gases that Kyoto would strictly limit.  It gives ton for ton credits to companies that can document reductions in their greenhouse gas emissions under various voluntary federal programs (Chafee, 1999).  The legislation was immediately heralded by both concerned industries and environmentalists.

The Global Climate Coalition (GCC) is an organization comprised of trade associations and companies whose goal is to coordinate participation on global climate change.  One of its largest members (although the group has recently collectively disbanded)  is the American Automobile Manufacturers Association.  The GCC argues that ratification of the Kyoto Protocol would cause redistribution of output, employment, and emissions from developed to developing countries, harming significantly the six aforementioned energy intensive industries (Global Climate Coalition, 1999).  The GCC cites various studies that have concluded that prices will rise for U.S. consumers while wages will fall or jobs be eliminated completely for workers whose employment is associated with the Energy Industry.  What the GCC does support is legislation such as S. 547, the promotion of voluntary programs.  "Voluntary programs let the marketplace dictate the best way to meet environmental goals" (ibid.).  The GCC asserts that voluntary agreements are more effective because they encourage industry innovation to address environmental problems and  cooperation between business and government.  They also assert that environmental objectives are achieved faster with voluntary programs  than with mandates and regulations.  The recent proposal of S.547 seems to be an important victory for the lobbying efforts of the GCC and its members.

An option available to businesses that is specified under the Kyoto Protocol is emissions trading.  Emissions trading in part was developed to reduce the economic costs of the treaty.  Emissions trading encourages countries to cut emissions below assigned levels so they can "sell" the difference. Trading allows companies who do not meet carbon dioxide emissions quotas to buy excess emissions certificates from those who do. A company can receive credit against its company's emissions limits by buying emissions rights from companies that have reduced emissions below their own limits.  Or a company could receive credit for helping developing nations reduce their own emissions, such as by financing emissions reducing technology.  Either way, trading can reduce the economic impact of emissions controls for developed countries (Fialka, 1998: A8).   Trading entitles major energy consumers such as the United States, or countries such as Japan, where its expensive to cut emissions, to "buy" the right to pollute from others (Boukhari, 1998: 12).  The United States is hoping to meet three quarters of its Kyoto requirements by buying permits from other countries (ibid.).

Emissions trading is something that also represents the influence of big business and domestic politics on treaty negotiations.  The Clinton Administration delegates to the Kyoto summit, under presure from lobbying efforts and Congress,  had to fight to allow emissions trading into the original agreement, as it was opposed by the European Union and Brazil (Paemen, 1998:28).  This was seen as a major victory for the U.S. delegates.  There are reasons why some countries oppose emissions trading.  There is some fear that emissions trading will not decrease overall carbon dioxide emissions.  There is also fear that trading will become a substitute to the alternative of countries and companies pursuing new technological advances in emissions reductions.  On the other hand, some believe that trading can promote technological leadership and the development of international technology pools in efforts to attain more permits (ibid.).

 Two more opponents to ratification of the Kyoto Protocol are the  National Association of Manufacturers and the U.S. Chamber of Commerce.  The two organizations have funded the Global Climate Information Project, and its thirteen million dollar media campaign opposing Kyoto (Judis, 1999: 17).


But there is an outpouring of money associated with the Protocol on both sides of the fence.   It is interesting to note that some large businesses, who will be restricted by the Protocol's standards and possible financially hurt should it be implemented, support the treaty.  Some of these supporters include General Motors, British Petroleum, Monsanto, and United Technologies.  General Motors was previously a member of the Global Climate Coalition until the GCC adopted their current position on the Kyoto Protocol.  General Motors realizes the growing importance for the need to do something about climate change.  It appears they are willing to take responsibility for their part of the problem, even if it is at a financial cost to the company.  However, the portrayal of the company as an environmental crusader and absorbing the costs of emissions reduction may be just as financially valuable as opposing the standards and not implementing and reductions measures.  Public image can mean everything.  John Williams, leader of General Motors' climate issues team explained, "Our main direction is to be constructive on this issue" (qt. in Fialka, 1998: A2).
 

There is much disagreement just over what ratification of Kyoto really means, as numerous studies have been conducted by groups paid by both pro and against parties to the ProtocolWhat the exact numbers are concerning job loss, changing energy prices, the amount of emissions that will actually be eliminated, and at what rate emissions actually speed the deterioration of the environment, are in dispute.
The Energy Information Administration, part of the U.S. Department of Energy, authored a report entitled "Impacts of the Kyoto Protocol on U.S. Energy Markets and Economic Activity."  The EIA estimates higher energy prices, which in turn will reduce consumer energy consumption and will change the amount and kind of resources used.   The EIA concludes that the cost of the Protocol to the American economy will depend on the amount of permits that can be purchased internationally, and on the number of projects to reduce emissions and develop sinks that absorb greenhouse gases both in developing countries and on the domestic front  (Energy Information Administration, 1998).  In other words, at this time the effects, depending on various circumstances, are immeasurable.  The EIA examined six cases with different reductions in carbon emissions, adding and subtracting different factors from each case, and arriving at different conclusions ranging from best case to worse case scenarios.  A different study by DOE concluded that a national investment in energy efficiency technologies can reduce U.S. emissions whereby energy savings will equal costs.  In essence, emissions reduction achieved through technology improvements will not necessarily increase the nation's energy bill (Global Climate Coalition, 1999).

Many opponents of the protocol  emphasize the potential loss of thousands of U.S. jobs because they expect companies to relocate to developing countries to take advantage of the lack of emissions standards.  Research published in a British journal, Energy Policy, estimated there would be 23,000 jobs lost in the U.S. aluminum industry and anywhere from 7,500 to 75,000 jobs lost in the chemical manufacturing sector (Anonymous, 1999: 32).  A study by WEFA, the Wharton Economic Forecasting Associates, estimates U.S. job loss in trade related industries totaling 751,000 between 2001 and 2020  (Srodes, 1998: 14).  They also estimate that U.S. aluminum smelters and paper producers will be forced out of business, petroleum refinery output would be reduced by 20 percent, and 30 percent of the chemical, steel and cement industries would be forced to move elsewhere (ibid.)

The above concern is basically the same concern of opponents of greater globalization and freer trade.  During NAFTA negotiations, the United States harbored some of the same protests:  jobs lost to the developing countries, certain industries being hurt, and the question of whether environmental standards will truly be improved.   There is no doubt that globalization of markets hurts labor-intensive industries in developed countries, simultaneously having positive aspects for developing countries.  In sum, the Kyoto Protocol may not be directly to blame for some of the negative impacts on the U.S. economy that some are claiming it will have.  The negative impacts may merely be the result of the ever-changing world economy.

The Senate will not ratify the Protocol until it is amended to include the participation of developing countries in emissions reduction.  Amendments mean putting in provisions to the international agreement that 175 countries did not agree to, the ever-present problem of U.S. foreign economic policy and its relation to treaty negotiations.

Conclusion
While it is too early to tell if S. 547 will pass, the bill seems like it would satisfy many of the participants in the debate over the ratification of the Kyoto Protocol.  I spoke with Dan Dellich, the Committee Aid on Environment and Public Works,  which is chaired by John Chafee.  Dellich believes that at this time Chafee, although concerned about the environment, would oppose ratification of the Protocol.  The current problems with the agreement such as the lack of enforcement provisions and developing country participation, are too significant to be overlooked.  Dellich asserts that the bill is indirectly related to the Protocol,  and Chafee sees it neither as a substitution or as a stepping stone towards Kyoto's ratification.  The passing of S. 547 is expected to be difficult because it is the first legislation of its kind, it will take a a lot of effort to explain it to people, and "...because there is a lot of money involved and a lot of politics involved"  with it (Dellich, 1999).  That statement reaffirms the power of domestic parties stemming from their concerns with both domestic and international legislation.
 

3. Related Cases

CFC Smuggling
Finnish Environmental Equipment Exports
Japancar
Kenya Pesticides and Exports
Montreal Protocol on CFCs
SST Pollution
 

4. Draft Author:

Lisa A. Raykovicz        April, 1999

II. Legal Clusters

5. Discourse and Status:  Agreement, In Progress

On July 25, 1997 the Senate passed S. Res. 98, a resolution stating that the United States would not be a signatory to any agreement regarding the UNFCCC that a) would mandate new commitments to limit or reduce greenhouse gas emissions of the United States unless it mandated commitments to reduce emissions by developing countries or,  b) that would result in any serious harm to the U.S. economy.  The Kyoto Protocol violates this resolution, making it appear unlikely that the Senate will ratify the treaty until these provisions are remedied.

6. Forum and Scope:  UN Framework Convention on Climate Change, Multilateral

7. Decision Breadth:  175

8. Legal Standing:  Treaty

The Protocol enters into effect when 55 parties, representing developing countries and 55% of all carbon dioxide emissions, ratify the treaty.  There were 175 countries privileged to the Kyoto process.  As of March 1999, 84 countries have signed the Protocol.  Only seven countries have ratified the agreement, all of them being small island countries that are concerned about rising sea levels.  The Conference of the Parties of the UNFCCC will hold its fifth session (COP5) in November 1999.  (The Protocol was an agreement reached under COP-3.)
 

III. Geographic Clusters

9. Geographic Locations

a. Geographic Domain:  Global

b. Geographic Site:  North America

c. Geographic Impact:  United States

10. Sub-National Factors: No

11. Type of Habitat:  Global

IV. Trade Clusters

12. Type of Measure:  Regulatory Standard

13. Direct v. Indirect Impacts:  Indirect

14. Relation of Trade Measure to Environmental Impact

a. Directly Related to Product:  No

b. Indirectly Related to Product:  Yes, Many

c. Not Related to Product:  No

d. Related to Process:  Yes, Global Warming

15. Trade Product Identification:  Many

16. Economic Data

(estimates by Charles River Associates, www.globalclimate.org/economic.htm)

Ramifications of Kyoto Protocol:
Price Increase 
Natural Gas 46%
Electricity 23%
Heating Oil 45%

Energy consumption will be reduced
by 30%.
 

17. Impact of Trade Restriction:  Low

18. Industry Sector:  Many

19. Exporters and Importers:  Many and Many

V. Environment Clusters

20. Environmental Problem Type:  Global Warming

21. Name, Type, and Diversity of Species

Name:  NA

Type:  NA

Diversity:  NA

22. Resource Impact and Effect:  Low, Regulatory

23. Urgency and Lifetime:  Low and Hundreds of Years

24. Substitutes:  Alternative Energy Sources

VI. Other Factors

25. Culture:  No

26. Trans-Boundary Issues:  Yes

27. Rights:  No

28. Relevant Literature

Anonymous.  "Kyoto Protocol Could Cost U.S. Jobs without Helping the Environment."  Chemical Market Reporter.  Jan 18, 1999: 32.

Boukhari, Sophie. "Pollution on the Cheap." The Unesco Courier.  Oct 1998: 12-13.

Chafee, John.  "Credit For Voluntary Reductions Act."  S. 547.  106th Congress.  Washington: 4 March 1999.
 (http://thomas.loc.gov)

Dellich, Dan.  Committee Aid to Senate Committee on Environment and Public Works.  Telephone Interview.  Mar 22, 1999.

Energy Information Administration.  "Higher Energy Prices, Cuts in Fuel Use May Be Needed to Comply with the Kyoto Protocol."  Oct 9, 1998.  (http://www.eia.doe.gov).

Fairbanks, Shalen.  "Global Warming." The Amicus Journal.  Spring 1999: 15.

Fialka, John J.  "Global-Warming Treat's Opposition Is Strained."  The Wall Street Journal.  Oct 30, 1998: A2.

Global Climate Coalition.  "Climate Economics."  Mar 1999.  (www.globalclimate.org/economic.htm).

Judis, John B.  "Global Warming and the Big Shill."  The American Prospect.  Jan/Feb 1999: 16-19

Paemen, Hugo.  "Cautious Optimism After Kyoto." Europe.  Feb, 1998: 28-29.

Srodes, James.  "Global Warming, Trade Chilling." World Trade.  Apr, 1998: 14-15.

UNFCCC (United Nations Framework Convention on Climate Change).  "84 Signatories to the Kyoto Protocol."  Mar 16, 1999.  www.unfccc.de

UNFCCC (United Nations Framework Convention on Climate Change). "Understanding CLimate Change: A Beginner's Guide to the UN Framework Convention."  1999. www.unfccc.de

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