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Can Canada Be Punished for Violating Global Warming Pacts?

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Submitted By dantal55
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Can Canada be punished for Violating Global Warming Pacts?
Canada in fact can and will be punished for Violating Global warming effects, if not by legal terms internationally, there will be consequences for their actions.
Background
Canada has violated the Global warming Pact called the “Kyoto Protocol”.
“The view that human activities are likely responsible for most of the observed increase in global mean temperature ("global warming") since the mid-20th century is an accurate reflection of current scientific thinking. Human-induced warming of the climate is expected to continue throughout the 21st century and beyond.”
The Kyoto Protocol to the United Nations Framework Convention on Climate Change (UNFCCC) is an international treaty that places necessary responsibility on industrialized countries to reduce emissions of greenhouse gases. The UNFCCC is an environmental treaty with the goal of preventing "dangerous" anthropogenic (i.e., human-induced) interference of the climate system. According to the UNFCC website, the Protocol "recognises that developed countries are principally responsible for the current high levels of GHG emissions in the atmosphere as a result of more than 150 years of industrial activity, and places a heavier burden on developed nations under the principle of 'common but differentiated responsibilities'." There are 192 parties to the convention, including 191 states (all the UN members, except Andorra, Canada, South Sudan and the United States) and the European Union. The Protocol was adopted by Parties to the UNFCCC in 1997, and entered into force in 2005.
Peter Kent, Canada’s Environment Minister announced that Canada will withdraw from the Kyoto Protocol.
It was said that the decision will save the Canadian government an estimated $14 billion in penalties, according to Kent. The Conservative government says it has no choice given the economic situation. They had blamed it on the past liberal governing party that signed and agreed to the protocol and thus took little action to abide by the rules.
"Kyoto for Canada is in the past. As such, we are invoking our legal right to formally withdraw," Kent said. Canada signed the accord in 1998 and ratified it in 2002 but was not on track to meet its legally binding targets. The Conservatives have committed to 17 per cent cuts from 2005 levels by 2020, a much lower threshold to meet than cutting below 1990 emissions levels.
Legal Ideas and international Treaties
There are two main legal ideas present in this case, and Canada has dealt with one, and is being accused of violating the other.
-Kyoto Protocol Article 27
-Canadian Domestic Law
Article 27
Article 27 in the Kyoto Protocol states that:
1. At any time after three years from the date on which this Protocol has entered into force for a Party, that Party may withdraw from this Protocol by giving written notification to the Depositary.
2. Any such withdrawal shall take effect upon expiry of one year from the date of receipt by the Depositary of the notification of withdrawal, or on such later date as may be specified in the notification of withdrawal.
3. Any Party that withdraws from the Convention shall be considered as also having withdrawn from this Protocol.

Now in this case, Canada is, in international terms, abiding by the laws and is not performing any illegal actions, however they are breaking moral and ethical code in a lot of ways. Scientists and government from around the world have agreed that humans are within years of reaching a tipping point of greenhouse gases in the atmosphere that could cause irreversible damage to the global economy and ecosystems. Being one of the highest producers of greenhouse gases, it is ridiculous of the country to believe it shouldn’t have to step up and take responsibility for what they have caused in the world. An NDP Environment Critic, Megan Leslie states that Mr. Kent is not being entirely truthful about his concerns toward the Kyoto protocol. She states that: "What this is really about is the fact that our government is abdicating its international obligations. It's like we're the kid who's failing the class so we have to drop it before that happens," Leslie said the decision to abandon Kyoto will have “long-term implications” on Canada’s international reputation. Again she states, “I wonder what international treaty we’re going to back out of next. I can’t imagine anyone will want to come to the table to negotiate with Canada in good faith.”

Canadian Domestic Law
-Laws pertaining to the internal affairs of the sovereign state
By federal standard, the process must go through the prime minister, the cabinets and the central agencies, Stephen Harper is being accused of not communicating with the rest of the government while making the decision to withdraw from the Kyoto Protocol. Green Party Leader Elizabeth May said stated "Not only has Canada just ended our commitments under an international treaty, I believe we are in violation of domestic law" "The Kyoto Implementation Act was passed by the House of Commons in 2007 and has royal assent. It requires Canada to continue reporting and doing its job, fulfilling its obligations under the Kyoto Protocol," she said. "I wonder that the prime minister of this country thinks he can withdraw us from an international treaty which was ratified by the House of Commons with no discussion in the House, and violate a domestic law with no discussion in the House."
This shows that Canada is not following their own rules, however, since we are dealing with the highest level of government, some things can be hidden and overruled with relative ease.

Legal Implications
As discussed in the preceding information provided, Canada cannot be held internationally responsible by law for violating global warming pacts. Since Act 27 of the Kyoto act states that all parties can withdraw at certain times with certain requirements, Canada’s withdrawal is not by any means illegal or unruly. Their withdrawal, however, does create a stigma around Canada’s international affairs that will directly affect them forever. Countries will not trust them, they will be seen as a country that cannot be worked with, and as a place that is not looking toward building the future, but rather only benefiting themselves. In terms of the domestic law problems that are happening internally in terms of this case, this will show the international world that Canada does not follow proper decision making models and that the individuals that take control of the country are not looking to involve all people in the process. So, as Canada will not be punished legally by international authorities, they will be forever impacted morally and ethically by this decision to withdraw from the Kyoto Protocol as a world leader.

Works Cited
"Canada and the Kyoto Protocol." David Suzuki Foundation. N.p., n.d. Web. 18 Dec. 2013.
Curry, Bill, and Shawn McCarthy. "Canada Formally Abandons Kyoto Protocol on Climate ChangeAdd to ..." The Globe and Mail. N.p., 12 Dec. 2011. Web. 17 Dec. 2013.
Fitzpatrick, Meagan. "May Accuses Harper of Breaking Law over Kyoto." CBCnews. CBC/Radio Canada, 13 Dec. 2011. Web. 19 Dec. 2013.
Freestone, David, and Charlotte Streck. "Legal Aspects of Implementing the Kyoto Protocol Mechanisms: Making Kyoto Work." Www.climatefocus.com. Climate Focus, n.d. Web.
"Kyoto Protocol." Kyoto Protocol. United Nations Framework Convention on Climate Change, n.d. Web. 16 Dec. 2013.
"Parliamentary Procedure- General Article - Compendium of Procedure Home - House of Commons . Canada." Parliamentary Procedure- General Article - Compendium of Procedure Home - House of Commons . Canada. N.p., n.d. Web. 19 Dec. 2013.
Vaughan, Adam. "What Does Canada's Withdrawal from Kyoto Protocol Mean?" Theguardian.com. Guardian News and Media, 13 Dec. 2011. Web. 19 Dec. 2013.
"Welcome to the Privy Council Office." Website. Canadian Government, n.d. Web. 18 Dec. 2013.

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