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ENDNOTES

'A list of Annex I countries can be found in the Appendix. One Annex I country, Turkey, formally requested its removal from Annex I and it did not undertake commitments in the Kyoto Protocol. In addition, Czechoslovakia was deleted from Annex I, and the Czech Republic, Slovakia, Croatia, Slovenia, Liechtenstein, and Monaco were added as Annex I parties.

"The Clinton Administration claims that the 7% reduction is, in effect, only 3% lower than its October 1997 Climate Proposal (which proposed stabilization at 1990 levels) due to the inclusion of six gases and the treatment of sinks.

3Kyoto Protocol, Article 24.

"Kyoto Protocol, Article 25.

"Undersecretary of State Stuart Eizenstat, Senate Foreign Relations Committee hearing, February 11, 1998.

"Eizenstat, House Commerce Committee, Energy and Power Subcommittee hearing, March 4, 1998.

'See e.g., Eizenstat, House Commerce Committee, Energy and Power Subcommittee hearing, March 4, 1998.

"Energy Information Administration, Annual Energy Outlook 1998, November 7, 1997.

Carbon dioxide represents approximately 85% of U.S. greenhouse gas

emissions.

10Flexible market mechanisms are discussed in detail in section V, and sinks in section II.

"Undersecretary of State Timothy E. Wirth, Senate Foreign Relations Committee, International Economic Policy Subcommittee hearing, June 19, 1997.

12The United States Constitution gives the President the power to make treaties, "by and with the Advice and Consent of the Senate...provided two thirds of the Senators present concur." The United States Constitution, Article 2, section 2, clause 2.

13President Clinton's Climate Policy, October 1997.

14 See, e.g., Eizenstat, Senate Foreign Relations Committee hearing, February 11, 1998.

15 President Clinton's Climate Policy, October 1997.

16Charles River Associates, "Economic Implications of the Adoption of Limits on Carbon Emissions from Industrialized Countries," November 1997.

17Eizenstat, Senate Agriculture Committee hearing, March 5, 1998.

18 The umbrella option, which is discussed in section V(D), may also be available for other Parties.

19Data for the United States derived from the Energy Information Administration's Annual Energy Outlook 1998, November 7, 1997; all other data from the EIA April 1997 International Energy Outlook.

20 The 1987 Montreal Protocol on Substances that Deplete the Ozone Layer aims to reduce and eventually eliminate the emissions of CFCs, which are man-made, ozone-depleting substances.

21"The Kyoto Protocol on Climate Change" Fact Sheet, released by the Bureau of Oceans and International Environmental and Scientific Affairs, U.S. State Department, January 15, 1998.

22"The Kyoto Protocol on Climate Change" Fact Sheet, January 15, 1998. 23 These guidelines have been approved by the IPCC-XII and the Subsidiary Body for Scientific and Technological Advice.

24" The Kyoto Protocol on Climate Change" Fact Sheet, January 15, 1998.

25See, e.g., Testimony of Senator Ron Wyden (D-OR), Senate Agriculture Committee, March 5, 1998.

26 The Protocol also does not determine what percentage of a Party's reduction targets can be achieved through emissions trading, joint implementation or the Clean Development Mechanism.

27Kevin Jardine, Greenpeace spokesman, The Ottawa Citizen, December 7, 1997, p. A1.

28 Parties to the Kyoto Protocol will likely need to examine the rules, modalities and guidelines as they pertain to this situation as specified in Article 3.4.

29S. Res. 98.

30 Eizenstat, House Energy and Power Subcommittee hearing, March 4,
1998.

31Dingell, House Energy and Power Subcommittee hearing, March 4,
1998.

32The FCCC-which contained only voluntary commitments-first estab-
lished the classifications of Annex I and non-Annex I countries for differenti-
ated treatment.

33 See, e.g., statements of Undersecretary of State Timothy E. Wirth, Senate
Energy and Natural Resources Committee hearing, September 17, 1996;
statement of Assistant Secretary of State Eileen Claussen, House Energy and
Power Subcommittee, September 26, 1996.

34Id.

35" The Kyoto Negotiations on Climate Change: A Science Perspective," by
Bert Bolin, Science, January 16, 1998.

36"Who Will Fuel China?" by Thomas E. Drennen and Jon D. Erickson,
Science, March 6, 1998.

37 The system must be in place no later than one year prior to the start of
the first commitment period (2007). Article 5(1).

38Eizenstat, House Commerce Committee, Energy and Power
Subcommittee hearing, March 4, 1998.

39 Kyoto Protocol, Article 18.

40Kyoto Protocol, Article 6(1)(c).

41Kyoto Protocol, Article 3(9).

42Kyoto Protocol, Article 6(2).

43The Conference of the Parties to the Framework Convention is given the
authority to define the relevant rules for emissions trading. Kyoto Protocol,
Article 17. Initial discussions will take place in June 1998, and are expected
to continue at the November 1998 Conference of the Parties in Buenos Aires.

44Norhaus and Yang, "A Regional Dynamic General-Equilibrium Model
of Alternative Climate Change Strategies," American Economic Review
86(4):741-765 (1996).

45 Yellen, House Energy and Power Subcommittee hearing, March 4, 1998. 46OECD "Global Warming: Economic Dimensions and Policy Responses" (1995).

47 Dr. David Harrison, Jr., National Economic Research Associates, "Considerations in Designing and Implementing an Effective International Greenhouse Gas Trading Program" (October 1997).

48 Joint Economic Committee Study, "Tradable Emissions," (July 1997), at 4.

491d.

50 President Clinton's Climate Policy, October 1997.

51 Kyoto Protocol, Article 12(7).

52" EU Conclusions on Climate Change," as agreed by the meeting on the EU Council of Environment Ministers, March 3, 1997, citing the Council's conclusions from June 1996.

53President Clinton's Climate Policy, as released at the National Geographic Society on October 22, 1997.

54Wirth, Senate Foreign Relations Committee hearing, June 19, 1997.

55IPCC Second Assessment Synthesis of Scientific-Technical Information relevant to interpreting Article 2 of the UN Framework Convention on Climate Change, Article 4.10.

56 Dr. Bert Bolin, the outgoing Chairman of the IPCC, quoted in The Washington Post, February 13, 1998, p. A14; "The Kyoto Negotiations on Climate Change: A Science Perspective," by Bert Bolin, Science, January 16, 1998.

57 Kyoto Protocol, Article 3(9).

58President Clinton's Climate Policy, October 1997.

59 Decision 2/CP.3, "Methodological issues related to the Kyoto Protocol." 60 Eizenstat, House Energy and Power Subcommittee hearing, March 4, 1998. 61Id.

62 Members of the group, called COMPASS, include, among others, Jeanne Kirkpatrick, former Ambassador to the UN; former Secretaries of Defense Richard Cheney, Caspar Weinberger, and Frank Carlucci; and former Secretaries of State Lawrence Eagleberger and Alexander Haig.

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