Scott Barrett - Political Economy of The Kyoto Protocol
Scott Barrett - Political Economy of The Kyoto Protocol
Scott Barrett - Political Economy of The Kyoto Protocol
SCOTT BARRETT
London Business School1
The Kyoto Protocol, negotiated in December 1997, is the first international treaty to limit emissions of green-
house gases. But Kyoto does not mark the conclusion to international cooperation on climate change. It is
really just a beginning. This paper shows that, in the aggregate, the benefits of undertaking the Kyoto reduc-
tions should exceed the corresponding costs—provided these are achieved cost-effectively. But, although Kyoto
seeks to promote cost-effectiveness, it may yet prove very costly. Moreover, the agreement may not even achieve
the reductions that it promises, either because emissions will relocate to the countries that are not required to
stay within Kyoto-prescribed ceilings or because ‘‘paper’ trades will be promoted by the protocol's mecha-
nisms. More fundamentally, Kyoto does not deter non-compliance, and it only weakly deters non-participation.
These flaws need to be mended, but the nature of the problem makes that an especially difficult task.
20 © 1998 OXFORD UNIVERSITY PRESS AND THE OXFORD REVIEW OF ECONOMIC POLICY LIMITED
S. Barrett
mated the marginal cost of meeting the Kyoto agreement will never enter into force. In July 1997,
targets to range from $14 to $23/ton (Clinton Ad- the United States Senate voted 95–0 in favour of a
ministration, 1998). Most estimates of the global non-binding resolution urging the President of the
marginal damage of greenhouse gas emissions are United States not to negotiate an agreement that
of a similar magnitude (see IPCC, 1996, ch. 6), and required that only the industrial countries reduce
so it would seem that the Kyoto Protocol is a near their greenhouse-gas emissions or that would result
ideal outcome for the world. in serious harm to the US economy, where by
‘serious harm’ the Senate meant, in the words of
But this is only if the assumptions behind the Clinton Senator Robert Byrd, a co-author of the resolution,
Administration’s estimates are correct: that partici- ‘capital flight and a loss of jobs in the United States’.
pation in the agreement will be full and implementa- This is important because the Senate must ratify (by
tion cost-effective. A number of features of the a two-thirds majority) any treaty that is to be binding
Protocol will promote cost-effective implementa- on the United States, and an effective climate-
21
OXFORD REVIEW OF ECONOMIC POLICY, VOL. 14, NO. 4
Table 1
Status of the Kyoto Protocol
22
S. Barrett
Table 1 (continued)
Notes: Two Annex I countries (Belarus and Turkey) are excluded from the table, as they are not included
As of October 1998, 59 countries had signed the Why should countries negotiate a treaty that could
Protocol, including the 15 member states of the leave them worse off, or that may never even enter into
European Union and nine other Annex I countries international law? The scenario seems unlikely, but it
(signatories are identified in Table 1 by an asterisk). is entirely in keeping with the history of climate-change
These signatories make up just over 42 per cent of policy. As described in section II, countries have
total Annex I emissions, and so the minimum partici- previously announced their intention to keep within
pation required by the treaty would seem to be self-imposed emission ceilings—and then failed to
within easy reach. But putting a signature on a treaty meet them. Moreover, the Kyoto Protocol is not
does not obligate a country to ratify and, as of unique in the annals of international cooperation.
October 1998, only one country has ratified the The Law of the Sea Convention, negotiated in 1982,
Kyoto Protocol (though this in itself signifies nothing did not enter into force until 1994—and participation
as the treaty was only recently negotiated): the small by the major maritime powers, including the United
island state, Fiji. States and United Kingdom, had to await negotia-
tion of a side agreement which effectively rewrote
Ratification by the current signatories is not inevita- key provisions in the original treaty.
ble. If the USA does not ratify the agreement, the
other Annex I countries will benefit less from Of course, predicting whether Kyoto will endure, or
participating; these countries will have to undertake whether it will achieve much if implemented, de-
the emission reductions prescribed by the treaty pends on many details. It depends, especially, on
(and shown in column 3 of Table 1) without the assumptions about how the important concepts in
benefit of substantial US abatement. It is even the agreement will be interpreted, about the institu-
possible that non-participation by the USA will tions that will be developed to support it, about the
increase the cost to these countries of keeping costs of taking action, and about the future evolution
within their Kyoto limits, because of the treaty’s of the treaty. All these details are uncertain. They
2
Just as it is hard to imagine a Gulf War coalition forming without the support of the United States, so it is hard to see how an
effective climate-change regime could develop without American backing.
23
OXFORD REVIEW OF ECONOMIC POLICY, VOL. 14, NO. 4
are discussed in my analysis of the agreement in endured. It is perhaps the most important feature of
section III. the Kyoto Protocol.
In the long run, whether or not Kyoto enters into law In the same year that this conference was held, the
will not matter very much. If the Protocol fails to Intergovernmental Panel on Climate Change (IPCC)
become law, countries will attempt to renegotiate was formed, at the request of the UN General
the agreement. If Kyoto does enter into law but later Assembly. The IPCC was asked to report on what
collapses for whatever reason, a new agreement was known and not known about climate change, on
can always be negotiated. Even if Kyoto suc- the potential impacts of climate change, and on what
ceeds—if it enters into law and is implemented to could be done to forestall and adapt to climate
the last detail—a string of amendments will need to change. The IPCC’s first assessment report, pub-
be negotiated, to say what must be done after 2012. lished in 1990, concluded that ‘emissions resulting
Kyoto is really just the start of a long process, and from human activities are substantially increasing
3
Other halocarbons, including chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs), are also potentially
important from the policy perspective, but are being controlled by the Montreal Protocol and its associated amendments. Moreover,
it is now known that the direct warming effect of these gases is partly offset by a cooling effect caused by the reduction in stratospheric
ozone.
4
The International Energy Agency (1992) has compiled a comprehensive listing of climate-change policies, and I am drawing
here from this report.
24
S. Barrett
controlled under the Montreal Protocol (that is, meeting it. A collective policy for meeting the target
excluding CFCs and HCFCs), while other countries was needed. The European Commission proposed
(Canada and the United States among them) set a meeting the target by means of an energy conserva-
target of stabilizing the emissions of all greenhouse tion programme coupled with a fiscal measure, a
gases, including those covered by the Montreal carbon tax. The tax, which was to be set at a rate
Protocol. France and Japan pledged to stabilize their equivalent to $3 per barrel of oil, rising over time to
CO2 emissions at the 1990 level by 2000 but only on $10 per barrel, would probably have been enough to
a per-capita basis (allowing emissions to increase as meet the stabilization target (see Barrett, 1992). But
population increased). Spain, a relatively poor OECD in May 1992, shortly before the Rio Earth Summit
member, set the goal of limiting its growth in CO2 convened, the Community announced a number of
emissions to 25 per cent. Finally, some countries modifications to the original tax proposal.
merely promised to play a part in achieving a
collective target. In October 1990 the European The first of these was to supplement the carbon tax
25
OXFORD REVIEW OF ECONOMIC POLICY, VOL. 14, NO. 4
or jointly to their 1990 levels of these anthropogenic and 2020. These quantitative ceilings were to be
emissions’. But in contrast to the Kyoto Protocol, no included in a new protocol that might be ready for
country was required by the Framework Conven- signing by the end of 1997. Importantly, developing
tion to meet any particular target by any particular countries were not expected to limit their emissions.
date. Indeed, it was precisely for this reason that this It was this differential treatment of industrialized
agreement was ratified by so many countries and and developing nations in the so-called ‘Berlin man-
came into force so quickly (in December 1993). date’ that the US Senate later objected to and that
ultimately came to be embodied in the Kyoto Proto-
(iv) After Rio col.
The IPCC revised its earlier predictions in 1995, It is as well to recall, however, that at this time most
partly to take account of the effect of aerosols on countries had still not devised, let alone imple-
radiative forcing. Aerosols are tiny airborne parti- mented, effective policies for meeting the targets
26
S. Barrett
these ceilings (calculated relative to 1990 emission perhaps much more. Shifting more abatement would
levels) must be met. Just as significant, the emis- save even more money (though of course the
sions of developing countries are entirely uncon- marginal cost saving will fall as more abatement is
strained by the protocol. These twin features fulfil shifted). Total costs will, of course, be minimized
the promise made at the First Conference of the where the marginal cost of abatement is every-
Parties in Berlin in 1995, and in this sense made where equal.
Kyoto a success. Ultimately, however, whether
Kyoto succeeds will depend on how it becomes As noted earlier, estimates prepared by the Clinton
implemented, and especially on whether implemen- Administration suggest that a cost-effective agree-
tation can be made cost-effective. ment—that is, an agreement which reduced global
emissions by the same amount as required by the
A variety of so-called ‘flexible mechanisms’ are Kyoto Protocol, but which did so by distributing the
built into Kyoto, and they have the potential of burden of abatement such that marginal costs were
(i) Cost Implications of the Emission Limits Estimates of reductions in total costs are of a similar
relative magnitude. According to the Clinton Ad-
Suppose that the limits negotiated in Kyoto were ministration’s analysis, the total cost to the USA of
met exactly, with no potential for arbitrage across implementing Kyoto could be just $7–12 billion per
countries. That is, suppose that the EU kept its year, if the agreement is implemented cost-effec-
emissions to 92 per cent of its 1990 level, that the tively, but perhaps ten times as large otherwise.
USA limited its emissions to 93 per cent of its 1990 Manne and Richels (1998) predict that cost-effec-
level, that China emitted as much as it pleased, and tive implementation of Kyoto would cost the USA
so on. Then the marginal cost of climate-change around $20 billion or 0.25 per cent of GDP in 2010,
mitigation would vary from country to country. It but perhaps four times as much if implemented
would be zero in China, where emissions were without trading. (Would this cause ‘serious harm’ to
unconstrained (and growing rapidly), and high in the US economy? Ask the Senate.) Nordhaus and
Europe and the United States. How high? Accord- Boyer (1998) estimate that the total cost of imple-
ing to one study (Nordhaus and Boyer, 1998), the menting Kyoto without trading (in present value
marginal cost of implementing the individual targets terms) would be about seven times the cost-effec-
in the protocol could be $125 per ton of carbon by tive level.
around 2010. Another study (Manne and Richels,
1998) predicts that marginal costs could be $240 per But this is to compare extremes. As detailed below,
ton of carbon in 2010. This difference in marginal the Kyoto Protocol offers a number of mechanisms
cost ($0 in the developing countries compared to intended to lower total implementation costs. As
$125 or $240 in the OECD countries) in turn implies also explained, these mechanisms will not work
that the total cost of achieving any given emission perfectly, and so will not mimic the cost-effective
ceiling will be excessive. Shifting just one ton of outcome. The costs of implementing Kyoto are
abatement from the OECD countries to the devel- likely to lie somewhere between the bench-marks
oping countries would save the world at least $100, given above.
27
OXFORD REVIEW OF ECONOMIC POLICY, VOL. 14, NO. 4
Note, however, that we cannot even be sure of this. pheric concentrations of CO2 at much lower costs
For example, the estimates of marginal and total than reducing emissions of greenhouse gases result-
costs given above assume that domestic implemen- ing from industrial activity.’ At the margin, assuming
tation by every nation is cost-effective—that the that only abatement of gross emissions is under-
marginal costs of abatement are everywhere equal taken, this must surely be right. However, Stavins
within each country. This is unlikely to happen. It is (1998b) finds that the marginal cost of carbon
certainly not a feature of most environmental poli- sequestration rises steeply—more steeply than mar-
cies that have been adopted in the past. The carbon ginal gross abatement costs for the United States.
taxes adopted by most Nordic countries, for exam- So the aggregate cost savings from carbon seques-
ple, vary by sector, with households having to pay tration may not be all that large.
more than industry (partly out of a concern for trade
leakage). Until we know the policies that countries Measurement problems are also bound to be rife.
will develop to meet their targets—and these have The Protocol insists that the changes in net emis-
7
To be precise, the Protocol allows sinks to play a role in capping emissions. It does not include carbon sinks in the emissions
baseline, with one exception. If a country’s carbon sinks were a net source of greenhouse-gas emissions in 1990, then its net emissions
from sinks must be incorporated into the baseline.
8
Note that the European Union and Japan sought to limit just three gases. It was the USA that insisted on including all six gases.
9
Janet Yellen, Statement before the US House of Representatives Committee on Government Reform and Oversight,
Subcommittee on National Economic Growth, Natural Resources, and Regulatory Affairs, 19 May 1998, http://www.state.gov/
www/policy_remarks/1998/980519_yellen_climate.html.
28
S. Barrett
that ‘a strategy of reducing non-CO2 greenhouse Whether savings like these will ever be realized will
gas emissions by a greater percent than CO2 emis- depend on how the institutions supporting trading
sions could lower emissions permit prices (that is, develop. If the trading arrangements allow a market
marginal costs) by as much as 10 per cent’. to develop which provides ready price discovery
and low transactions costs, then the bulk of these
‘Banking’ gains will be realized. Otherwise just a fraction,
Kyoto does not require that the emission ceilings perhaps a small fraction, of these gains will be
shown in Table 1 be met every year; it requires only pocketed.
that they be met by each Annex I party on average
over the 5-year period, 2008–12. Moreover, parties Europe has thus far been suspicious of the concept,
are allowed to carry forward additional reductions believing it to be a ploy for letting the United States
to a future control period. That is, if a country evade its responsibilities. This is a gross misunder-
reduces its emissions by more than required in the standing of the problem. As noted before, where
These provisions could be helpful, but they do not go ‘Hot air’ trading
far enough. In particular, Kyoto does not allow One reason that trading among the Annex I coun-
parties to shift emission reductions toward the fu- tries would lower marginal and total costs is that the
ture—that is, to ‘borrow’ future emission reduc- economies in transition are allowed by Article 3 to
tions. Of course, if abatement is shifted forward, the choose an alternative base year to 1990 (subject to
benefits of the abatement in present value terms will some restrictions). As shown in Table 1, Bulgaria
fall. But costs may fall much more. If abatement is has chosen 1988 as a base year; Hungary, the
rushed (and it will be under the Kyoto timetable), average of 1985–7; Poland, 1988; and Romania,
some of the existing capital stock will have to be 1989. The effect is to create a surplus of emission
scrapped before its useful life is up. It would be entitlements that may not be exhausted by economic
cheaper if emission reductions could be effected by growth in these countries, even by 2010. Russia
incremental investments. Manne and Richels (1998) must retain its 1990 base year, but it will still have a
estimate substantial savings to a gradual transition to huge surplus by the year 2000, if the projections
the Kyoto targets, with marginal costs being re- shown in Table 1 prove correct (unfortunately,
duced by a factor of ten or more in 2010. projections to 2008–12 are not available).
29
OXFORD REVIEW OF ECONOMIC POLICY, VOL. 14, NO. 4
Table 1 suggest that emissions in the USA could not agreement would have increased, whereas the Eu-
exceed 0.93×4,957,022 = 4,610,030 gigagrams with- ropean economies in transition would still have had
out trading. If the estimates in the table are to be an incentive to participate, so long as their incentive
believed, Russia will easily stay within its limits, compatibility constraints were satisfied.
emitting only 0.83×2,388,720 = 1,982,638 gigagrams
of CO2 in 2000. Hence, without trading, total emis- Joint implementation
sions for both countries would not exceed 4,610,030 The Kyoto Protocol also allows ‘joint implementa-
+ 1,982,638 = 6,592,668 gigagrams. But Russia is tion’ (JI) trades among the Annex I countries.
allowed to emit up to 2,388,720 gigagrams of CO2 in These are bilateral project-based, rather than mar-
2000. So total allowed emissions for both countries ket-based, trades, in which one country receives
under a trading regime are 4,610,030 + 2,388,720 = ‘emission reduction units’ for undertaking projects
6,998,750 gigagrams. Trading thus eases the total in another country that reduce net emissions.
constraint on the two countries by 6,998,750 –
Of course, the economies in transition could be But the CDM has a number of problems. One is that
justified in putting their resources somewhere other it is not obvious whether the CDM would be limited
than in climate-change mitigation (many of these to emission reductions or whether it can include
countries are poorer than some non-Annex I coun- sequestration projects. The provisions for JI explic-
tries). But the other Annex I countries have given itly allow sequestration projects to be included, but
these economies more than was needed to make the CDM article is silent on this question.
their participation incentive compatible. This is not
just a matter of redistributing the gains from coop- An even more important difference is that one of the
eration. Had less been given away, the incentives parties to a CDM transaction will not have its
for the other Annex I countries to participate in the emissions capped. Potentially, therefore, the CDM
30
S. Barrett
could produce only ‘paper’ emission reductions. Most poor countries would have every incentive to
Moreover, as Stavins (1998a) warns, it is likely that walk away from an agreement that required them to
the least beneficial CDM projects will be adversely dig into their pockets, and few people would blame
selected by this mechanism. Indeed, the problem is them for doing so. But if developing countries had
doubly worrying. Not only do developing countries agreed to be bound by targets, then they would be
have incentives to offer projects that would have able to trade with the Annex I countries and—
been undertaken anyway, but the Annex I countries subject to appropriate choice of their emission ceil-
have incentives also to select these projects, if they ings—be virtually sure of being better off. An earlier
can be acquired at lower cost (this is just another draft of the Protocol allowed developing countries to
manifestation of the free-rider problem). choose, at any time and on a voluntary basis, a level
of emissions control that was appropriate to their
It will therefore be a matter of interest not only to the circumstances, but the provision was subsequently
parties engaging in a CDM transaction but also to all expunged, apparently at the insistence of China and
31
OXFORD REVIEW OF ECONOMIC POLICY, VOL. 14, NO. 4
Table 2
European Union Burden-sharing Agreement
Austria –13
Belgium –7.5
Denmark –21
Finland 0
France 0
Germany –21
Greece +25
‘Bubbles’ and ‘umbrellas’ brella’ group of trading countries under this article,
Article 4 of the Protocol allows parties to negotiate and it is likely that international trading will begin in
a side agreement, in which they pledge to fulfil their this way.
Kyoto ceilings jointly. This provision was important
in that it made it possible for the European Union to (iii) Non-permanent Emission Caps
negotiate on behalf of its 15 member states in Kyoto.
The emission ceiling shown in Table 1 for the Another concern about the emission limits in the
European Union is thus an aggregate ceiling. The Kyoto Protocol is that they are not permanent (as
European side agreement, establishing emission are the limits in the Montreal Protocol and the US
ceilings for individual member states, was negoti- sulphur-dioxide trading programme, for example).
ated in September 1998 and resulted in the burden- Emission limits for subsequent control periods will
sharing agreement shown in Table 2. be established by future conferences and codified in
future amendments; negotiations of the second
Under the terms of the Kyoto agreement, Europe is round of limits (that is, those that apply beginning in
thus treated as a ‘bubble’ (in the jargon of the US 2013) are required to begin by 2005, but Kyoto has
emissions-trading programme). As long as the total nothing more to say about these limits.
target for Europe is achieved, each member state is
considered also to be in compliance. However, This matters because many actions to reduce emis-
should the total target not be met, each member sions involve investments with very long lifetimes.
state is held individually accountable for meeting the Whether these investments will be worth making
targets it accepted in the side agreement. will depend on the magnitude of future limits. If one
believes that future limits will be very tight, then
Note that the concept need not be confined to long-term carbon-saving investments will appear
Europe. A number of countries (Australia, Canada, more attractive today. If one believes that future
Japan, New Zealand, Russia, Ukraine, and the limits will be slack, then costly carbon-saving invest-
United States) have discussed setting up an ‘um- ments will not pass the required hurdle.
32
S. Barrett
Strategy may also intrude. If a country invested But there is a deeper reason, too. For suppose that
more in abatement than needed just to meet its such a level could be identified. Then, if parties to the
target in the 2008–12 period, then this may only agreement pledged to ensure that this level was not
increase the emission reduction that it would have to exceeded, every party would have a strong incen-
meet in the next period. The reason is that, once the tive to withdraw from the agreement (or not to
costs of the investment have been sunk, the costs to accede to it in the first place). The reason is that, if
this country of reducing its emissions in the next a party withdrew and increased its emissions, the
period will be lower; its bargaining position will remaining parties would have to reduce their emis-
therefore have been compromised. Turning this sions to ensure that the aggregate concentration
argument around, a country might be able to nego- target continued to be met. In a sense, the with-
tiate an easier target for the next control period if it drawal would be rewarded. Similarly, if a country
invested less in reducing its abatement costs in the acceded to the agreement, the burden of meeting
first control period. the aggregate target would be spread more widely,
10
This is the basic mechanism underlying the self-enforcing agreements studied in Barrett (1994).
11
Hahn (1998) summarizes a number of alternative prescriptions. See also Nordhaus (1998).
33
OXFORD REVIEW OF ECONOMIC POLICY, VOL. 14, NO. 4
emissions relative to an historical base year, is Annex I countries reduce their emissions, compara-
tenuous. Carbon-dioxide emissions were 7 per cent tive advantage in the greenhouse-gas-intensive in-
lower in Britain in 1995 compared with 1990, even dustries will shift towards the non-Annex I coun-
though Britain has not adopted a radical policy for tries. This trade effect will be reinforced by the
reducing emissions. Similarly, emissions in Ger- workings of the energy market; as demand for the
many fell 12 per cent between 1990 and 1995. carbon-intensive fuels in the Annex I countries falls,
Emissions in Bulgaria, the Czech Republic, Estonia, world prices for these fuels will fall, and consump-
Hungary, Latvia, and Slovakia fell by even more— tion in the non-Annex I countries will therefore
by up to 50 per cent over this same period, without increase. Consequently, emissions outside the An-
any of these countries adopting radical climate nex I countries will increase; the environmental
change mitigation policies. By contrast, emissions in benefits of the agreement will be reduced. Poten-
all the countries that imposed carbon taxes in the tially, if leakage is strong enough, the agreement
early 1990s (Denmark, Finland, The Netherlands, would only succeed in redistributing global emis-
Another problem is uncertainty. There is, of course, How significant a problem is ‘leakage’? The Clinton
great uncertainty about the magnitude of climate- Administration (1998, p. 72) maintains that, with
change damages. But there is uncertainty also about cost-effective implementation, the Protocol ‘would
the costs of climate-change mitigation, and in a likely have little impact on competitiveness’. Maybe
seminal paper Weitzman (1974) showed that the so. But if implementation is not cost-effective—and
latter kind of uncertainty can have important impli- as I have already explained it could be far from this
cations for the choice of policy instrument (emission mark—then the consequences could be different.
limit versus carbon tax). If a quantitative limit were Bernstein et al. (1998) find that leakage could be
fixed, marginal costs would be uncertain. If a tax significant: for every 100 tons of carbon abated by
were fixed, emission reductions would be uncertain. the Annex I countries, non-Annex I emissions could
Weitzman showed that the tax is superior if the rise 5–10 tons (global emissions would thus fall by
marginal cost curve is steep relative to the marginal only 90–95 tons). Manne and Richels (1998) and
benefit curve. Essentially, the tax ensures that Nordhaus and Boyer (1998) also predict significant
marginal costs and benefits do not differ by much. levels of leakage.
Pizer (1998) has calculated that taxes would be These levels may not appear high, but they will
much more efficient than quantity limits for climate- certainly be politically visible.12 Leakage would
change mitigation (in his simulations, the net benefits damage particular industries, and these will surely
to using the tax are five times the estimate for a lobby for protection. The Senate resolution drew
quantity control). A combination of policies can do attention to the problem, and the proposed EC
even better (Roberts and Spence, 1976), though carbon tax was modified partly to take account of
Pizer (1998) finds that a hybrid policy is unlikely to the concerns voiced by the energy-intensive indus-
improve much on the pure tax scheme in the case of tries about a possible loss in ‘competitiveness’. It is
climate change. The essential point is that, even if no surprise that unilateral carbon taxes within coun-
the Kyoto targets were met cost-effectively, an tries vary by sector, with industry—and especially
alternative policy that leaned more in the direction of the energy-intensive export industries—always pay-
controlling marginal costs directly (carbon taxes) ing the lowest amount. When the EU burden-
would be even better. sharing rule was being negotiated, a number of
countries (Austria, Denmark, The Netherlands,
(vi) Leakage Spain, and Finland) wanted to make meeting the
national targets conditional on the introduction of
Because participation in the Kyoto Protocol is EU-wide emissions-control measures. These coun-
not full, there is a potential for ‘leakage’. As the tries were concerned that, as they reduced emis-
12
Previous studies have shown that leakage could be more substantial (IPCC, 1996, ch. 11).
34
S. Barrett
sions, perhaps by imposing steep carbon taxes at However, the facts are open to a different interpre-
home, output in the sectors most highly taxed would tation: that
shift elsewhere within the Union. The Danish min-
ister said that, though he accepted that Denmark’s both the high rate of compliance and relative absence of
–21 per cent target was unconditional, Denmark enforcement threats are due not so much to the irrel-
evance of enforcement as to the fact that states are
would only be able to achieve –17 per cent without
avoiding deep cooperation—and the benefits it holds
EU-wide measures being adopted.13 whenever a prisoners’ dilemma situation exists—because
they are unwilling or unable to pay the costs of enforce-
This links up with a point made in the Introduction: ment (Downs et al., 1996, p. 387).
that concerns about leakage provide another reason
for wanting to encourage trading. In reducing the This last interpretation may seem cynical and un-
between-country difference in marginal costs, trad- convincing. After all, as we have seen, Kyoto does
ing reduces leakage. Trading therefore lowers costs strive to sustain ‘deep’ cooperation—a treaty that
Assume the best: that enough countries ratify Kyoto Indeed, it would not even be sensible to choose
that it comes into force and that the flexible mecha- between them because neither quite gets to the
nisms in Kyoto allow abatement to be cost-effec- heart of the matter. The Chayeses consider the
tive. Then we can ask: Will the parties to Kyoto need to enforce compliance as being independent of
actually comply with the agreement? Will they stay the need to deter free-riding—something that they
within the limits prescribed by Tables 1 and 2? dismiss as being of little practical importance. Downs
et al., by contrast, conflate the two problems.
It is a remarkable fact that non-compliance with Compliance enforcement and free-rider deterrence
international agreements is extremely rare. And, are related problems and should be analysed jointly.
when it does occur, the reason is usually that the
deviant was for some reason unable to comply, It is important to note that customary law does not
rather than that it chose not to comply. require that states be parties to a treaty. Sovereignty
means that countries are free to choose to partici-
But why do parties comply? One reason is that they pate in a treaty or not as they please (Barrett, 1990).
are expected to by customary of international law. So if free-riding is to be deterred—if participation in
And it is obvious why custom demands compliance. a treaty is to be full—then some kind of treaty-based
If states could not be relied upon to act as they said mechanism must provide the right incentive. It must
they would act, then what would be the point of correct for the harmful incentives that otherwise
entering into agreements? condemn countries to the fate of the famous prison-
ers’ dilemma.
But does this mean that compliance is not a prob-
lem? If it does, then it should not matter that the Suppose that an agreement exists, that it consists of
Kyoto Protocol does not (yet) include any provisions a certain number of parties, and that it requires that
for punishing non-compliance. As Chayes and these parties undertake some action. The required
Chayes (1995, pp. 32–3) note, the authority to action (climate-change mitigation) is costly to the
impose sanctions ‘is rarely granted by treaty, rarely parties that undertake it, but provides a benefit that
used when granted, and likely to be ineffective when is shared by parties and non-parties alike (climate-
used’. So Kyoto’s failure to enforce compliance by change mitigation is a public good). So each party
sanctions may be an irrelevance. will have an incentive to withdraw from the agree-
13
‘EU States Agree Kyoto Emissions Limits’, ENDS Environment Daily, 17 June 1998, http://www.ends.co.uk/subscribers/
envdaily/articles/98061701.html.
35
OXFORD REVIEW OF ECONOMIC POLICY, VOL. 14, NO. 4
ment, for in doing so each can gain more from what it would do if it withdrew from the agreement.
avoiding steep mitigation costs than it loses from its Hence, if every signatory is deterred from with-
own small slice of greenhouse-gas abatement. drawing, each also is deterred from not complying.
The binding constraint on international cooperation
If a party is to be deterred from withdrawing— is free-rider deterrence, not compliance enforce-
which it is entitled to do under international law14— ment. Once free-riding can be deterred, compliance
then it will need to be punished for withdrawing, and can be enforced free of charge.
punished severely. It will be up to the other parties
to the agreement to impose the punishment, but they The example of the Montreal Protocol is relevant
may be reluctant to do so. The reason is that it is very here. This agreement, which is phasing out the use
hard to punish a deviant without also harming one- of ozone-depleting chemicals world wide, is among
self. For example, suppose the punishment is that, in the great successes of international cooperation. It
the event of one country withdrawing (and there- is also often held up to be a model for future
14
The Kyoto Protocol allows a party to withdraw 3 years after the Protocol has entered into force for a party, upon giving 1
year’s notice.
15
A provision was also made for controlling trade in products made using these substances, but this was never implemented.
16
The biggest challenge to the Montreal Protocol came when Russia declared that it would not be able to comply by 1996. The
Implementation Committee threatened to invoke sanctions—and the combination of this threat and the sweetener of financial
assistance was enough to compel Russia into preparing a plan for eventual compliance. The carrot of financial assistance was
justified, by the way, since the original Montreal Protocol was negotiated by the Soviet Union in 1987, before its collapse. See
Barrett (1998b).
36
S. Barrett
just provide the incentive for the marginal ratifica- ing the agreement. To compound these problems,
tion, and push the treaty over the minimum partici- delay in implementing Kyoto will raise the costs of
pation threshold.17 sticking to the Kyoto timetable, and so increase the
incentives not to stick to this timetable.
However, this trick is not sure to work—and even
if it did succeed, it provides absolutely no incentive The solution to all these problems may seem obvi-
for successive accessions to the treaty. To see this, ous: invoke the kind of sanctions used by the Mon-
notice that the next country to ratify will not alter the treal Protocol. However, production of every good
behaviour of the existing parties one little bit. So why has implications for greenhouse-gas emissions.
should it accede? The Kyoto Protocol does not Should all trade between parties and non-parties be
provide any incentives for more than the minimum banned? The threat to do so would almost certainly
of participation. This is in sharp contrast to Mon- not be credible. Should trade in a select range of
treal, which provides ample incentives for full par- products be banned? That might be credible, but it
37
OXFORD REVIEW OF ECONOMIC POLICY, VOL. 14, NO. 4
the ‘incremental costs’ of their compliance were riding and non-compliance—has not yet come into
paid for by the industrialized countries. view, but it may prove the harder climb.
However, these incentives to deviate would not be These developments are to be welcomed, but the
eliminated by cost-effective abatement. Achieving fundamental problems raised in this paper remain.
a favourable benefit–cost ratio is only a necessary The press release issued at the start of the Buenos
condition for achieving global cooperation; it is not Aires talks concluded by noting that the agreement
sufficient (Barrett, 1994, 1998a). And it is not would not become legally binding until the minimum
obvious how the required sanctions could be made participation requirements had been met. ‘It is
credible. So Kyoto has two mountains to climb. The hoped,’ the statement reads, ‘that this will happen in
first—achieving a favourable benefit–cost ratio—is 2001.’ It is regrettable that we cannot anticipate
challenge enough. The second—deterring free- with more confidence an event of such importance.
REFERENCES
Barrett, S. (1990), ‘The Problem of Global Environmental Cooperation’, Oxford Review of Economic Policy, 6(1), 68–
79.
— (1992), ‘Reaching a CO2 Emission Limitation Agreement for the Community: Implications for Equity and Cost-
Effectiveness’, European Economy, Special Edition No. 1, 3–24.
— (1994), ‘Self-Enforcing International Environmental Agreements’, Oxford Economic Papers, 46, 878–94.
— (1998a), ‘A Theory of Full International Cooperation’, Journal of Theoretical Politics, forthcoming.
— (1998b), ‘Montreal vs. Kyoto: International Cooperation and the Global Environment’, in I. Kaul, I. Grunberg,
and M. A. Stern (eds), Global Public Goods: International Cooperation in the 21st Century, New York, Oxford
University Press, forthcoming.
Bernstein, P. M., Montgomery, W. D., and Rutherford, T. F. (1998), ‘Trade Impacts of Climate Policies: The MS-MRT
Model’, paper prepared for the Yale–NBER Workshop on International Trade and Climate Policy, Snowmass,
CO, 12 August.
Chayes, A. and Chayes, A. H. (1995), The New Sovereignty, Cambridge, MA, Harvard University Press.
38
S. Barrett
Clinton Administration (1998), ‘The Kyoto Protocol and the President’s Policies to Address Climate Change:
Administration Economic Analysis’, White House, Washington, DC, July.
Downs, G. W., Rocke, D. M., and Barsoom, P. N. (1996), ‘Is the Good News About Compliance Good News About
Cooperation?’, International Organization, 50, 379–406.
Grubb, M. (1995), ‘The Berlin Climate Conference: Outcome and Implications’, Briefing Paper No. 21, London, Royal
Institute of International Affairs.
Hahn, R. W. (1998), The Economics and Politics of Climate Change, Washington, DC, American Enterprise Institute
for Public Policy Research.
International Energy Agency (1992), Climate Change Policy Initiatives, Paris, OECD.
IPCC (1990), Climate Change: The IPCC Scientific Assessment.
— (1995), IPCC Second Assessment: Climate Change 1995, WMO and UNEP.
— (1996), Climate Change 1995: Economic and Social Dimensions of Climate Change, Cambridge, Cambridge
University Press.
Jacoby, H. D., Prinn, R. G., and Schmalensee, R. (1998), ‘Kyoto’s Unfinished Business’, Foreign Affairs, July/August.
39