The issues raised by the debate on global climate change are primarily of a policy nature. But a few significant legal issues have emerged concerning the process by which the Kyoto Protocol would become legally binding upon the United States and whether the Protocol could be implemented in whole or in part without Senate advice and consent. The CRS report listed below addresses the issues of (1) whether the U.S. is now legally bound by the Kyoto Protocol, (2) the legal effect of the U.S. signing the Protocol, (3) whether the Protocol can be implemented as an executive agreement without Senate advice and consent, and (4) whether the Protocol can serve as a basis for regulations limiting emissions before it has been ratified. The additional readings address broader legal and policy issues raised by the debate over global climate change.
CRS Report 98-349, Global Climate Change: Selected Legal Questions About the Kyoto Protocol. [pdf: 3/29/01] [html: 1/10/01], by David M. Ackerman
For more information, see Additional Reading.
Page last updated January 10, 2001. Updated by NCSE September 6, 2001.