The Corner

Why Kyoto Still Matters

The Bush Administration has repeatedly stated that it has no intention of implementing the Kyoto Protocol yet it has made no effort to remove the U.S. as a signatory to the international agreement. Why does this matter? Because, under international law, signatories are obliged to support such agreements even if they are not yet ratified. Moreover, the U.S. signature gives environmental activist groups an added hook in court. If Congress won’t adopt climate change legislation, green groups will seek to set policy through litigation, and the U.S. signature on Kyoto aids them in this cause.

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His books include Business and the Roberts Court and Marijuana Federalism: Uncle Sam and Mary Jane.
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