Kyoto Protocol 1997

The first climate treaty with binding emission targets, and why they applied only to developed countries

In one minute

The Kyoto Protocol was adopted on 11 December 1997. It gave binding numerical targets for cutting greenhouse gases to Annex I countries only, the developed and transition economies. Developing countries such as India had no binding target.

It created three flexible market mechanisms, including the Clean Development Mechanism. It came into force on 16 February 2005 and was later extended by the Doha Amendment.

Exam focus

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Legal provision

Kyoto Protocol to the UN Framework Convention on Climate Change: adopted at the third Conference of the Parties in Kyoto, Japan, on 11 December 1997.
Entry into force: 16 February 2005, after ratification by at least 55 Parties covering at least 55 per cent of Annex I carbon dioxide emissions in 1990.
Doha Amendment: adopted in December 2012 for a second commitment period from 2013 to 2020 with a target of 18 per cent below 1990 levels. It entered into force on 31 December 2020.
India: a Party since ratification on 26 August 2002, as a non-Annex I country.

Meaning and definition

The Kyoto Protocol is a treaty adopted under the Climate Change Convention. The Convention only stated a goal. The Protocol added numbers, deadlines and consequences. It applies the principle of common but differentiated responsibilities: all share the duty, but developed countries carry the first and heaviest burden.

Detailed explanation

Step 1: why a protocol was needed

A framework convention sets up institutions and principles but leaves the hard numbers for later. The Kyoto Protocol supplied the numbers for the countries most responsible for past emissions.

Step 2: who has targets

Binding quantified targets apply only to Annex I Parties. Non-Annex I Parties, including India and China, had none. The reasoning was that developed countries caused most of the greenhouse gases already in the air.

Step 3: commitment periods

The first commitment period ran from 2008 to 2012, and Annex I countries together aimed at about 5 per cent below 1990 levels, each with its own figure. The Doha Amendment set a second period from 2013 to 2020 at 18 per cent below 1990 levels for participating countries.

Step 4: three flexible mechanisms

Emissions trading: an Annex I country with spare allowance sells it to another that is short. See carbon trading.
Joint Implementation: an Annex I country invests in a reduction project in another Annex I country and gets credit.
Clean Development Mechanism: an Annex I country invests in a project in a developing country and earns Certified Emission Reduction credits.

Example. A European power company funds a wind farm in Tamil Nadu under the Clean Development Mechanism. The project cuts emissions in India. The company counts the credits towards its own country's target, and India gains investment in clean energy.

Step 5: weaknesses

The United States signed but did not ratify the Protocol, and Canada later left it. Its targets bound only one group of States, which made it politically fragile. The Doha Amendment took effect only on the day the second period ended. The Paris Agreement now carries the main climate effort.

Don't confuse: Kyoto Protocol and Paris Agreement

Point	Kyoto Protocol, 1997	Paris Agreement, 2015
Who has targets	Annex I countries only	Every Party, through its own plan
How set	Negotiated internationally, top-down	Chosen nationally, bottom-up
India's duty	No binding target	Must prepare and update its own plan

Inside the concept. A European country agrees a legally binding cap on its emissions for 2008 to 2012. That is a Kyoto target.

Just outside it. India sets its own target for non-fossil power under a plan it prepares itself. That is a Paris-style contribution, not a Kyoto target.

Common mistakes

Saying India had a binding target under Kyoto. It did not.
Writing that the Doha Amendment never came into force. It entered into force on 31 December 2020.
Confusing the Kyoto Protocol with the Climate Convention itself.
Saying the Clean Development Mechanism cuts an Annex I country's own domestic emissions. It gives credits for projects in developing countries.

Leading case laws

No case page in this subject turns on the Kyoto Protocol. Questions on it are answered from the treaty's structure.

How to write this answer in the exam

5-mark answer

Date and place: 11 December 1997, Kyoto.
Binding targets for Annex I only.
Three flexible mechanisms.
India's position.

10-mark answer

Why the Protocol followed the Convention.
Adoption and entry into force.
Annex I targets and CBDR.
Commitment periods and the Doha Amendment.
Three mechanisms with the CDM example.
Weaknesses and the Paris Agreement; conclusion.

Key points to remember

Adopted 11 December 1997; in force 16 February 2005.
Binding targets only for Annex I countries.
Mechanisms: emissions trading, Joint Implementation, Clean Development Mechanism.
Doha Amendment: second period 2013 to 2020, in force 31 December 2020.
India ratified on 26 August 2002 and had no binding target.

Quick self-test

1. Which countries had binding targets under Kyoto?

Annex I countries only.

2. Name the three flexible mechanisms.

Emissions trading, Joint Implementation and the Clean Development Mechanism.

3. When did the Doha Amendment enter into force?

On 31 December 2020.