This briefing paper analyses the process and legality of Canada’s alleged pending withdrawal from the Kyoto Protocol (“KP” or the “Protocol”) prior to the end of the first commitment period on 31 December 2012. After summarising the process which Canada would have to follow to withdraw from the KP, this briefing paper examines the limited recourse available to international bodies and the parties to the KP to preserve Canada’s status as a party, the legal implications of Canada’s withdrawal, as well as the possibility of assessing Canada’s compliance with its emission reduction targets on a pro-rata basis. This paper has not addressed the issue of Canada’s international responsibility in relation to their withdrawal from the KP.
Implications of Canada’s potential withdrawal from the Kyoto Protocol before the end of the First Commitment Period
All reasonable efforts have been made to ensure the accuracy of this information at the time the advice was produced (please refer to the date produced below). However, the materials have been prepared for informational purposes only and may have been superseded by more recent developments. They do not constitute formal legal advice or create a lawyer-client relationship. You should seek legal advice to take account of your own interests. To the extent permitted any liability is excluded. Those consulting the database may wish to contact LRI for clarifications and an updated analysis.
Date produced: 08/12/2011