Ozone Layer
Multilateral Fund
- In 1991 the Multilateral Fund for the Implementation of the Montreal Protocol was set up. It is administered by the World Bank - Provides funds to assist developing countries comply with their obligations under the Montreal Protocol - Provided nearly US$3 billion in funding for 6,800 projects in order to assist developing nations - Represents a constructive and supportive model for addressing non-compliance. Instead of punishing a nation-state for non-compliance, the Fund ensures appropriate funding is available to assist the nation-state
Brief History
- Ozone layer = protective layer of the stratosphere surrounding earth providing a natural protective filter against ultra-violet rays. Excessive exposure to UV rays can cause cell mutations as well as sunburn, cancer and cataracts - During 70's and 80's, scientists identified a 'hole' in the ozone layer, claiming that chemicals such as chlorofluorocarbons (CFCs) were damaging the ozone layer and use of these chemicals must stop - During 1976 the issue of ozone depletion was first discussed by UNEP. In 1977 UNEP concluded a World Plan of Action on the Ozone Layer and created a committee to monitor the hole in the ozone layer (Coordinating Committee of the Ozone Layer - CCOL) - In 1981 UNEP was authorized to draft a framework convention on ozone protection. The Vienna Convention for the Protection of the Ozone Layer was finalized in 1985 (came into effect in 1987). Soon thereafter, a UNEP working group completed the Montreal Protocol on Substances that Deplete the Ozone Layer in 1987 (came into effect in 1989)
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- The significance of these international instruments includes: o They are the first treaties to address a future long-term problem in which the damage is caused now but the effects may not be evident for decades (i.e. precautionary principle and intergenerational equity), the international community acted before there was a significant irreparable damage o Established an international precedent for addressing and acting on a global issue - complete a framework convention first and then create a Protocol later (e.g. UN Framework Convention on Climate Change 1992 and the Kyoto Protocol 1997) o Established an international precedent for adopting a formula of targets and timetables to address the problem (e.g. UNFCCC and Kyoto Protocol adopt the same process) - Montreal Protocol 1989 reflects the more recent holistic approach to GEP with scientists, private industry, NGOs and national governments all contributing to it becoming "...the first environmental treaty to attract universal participation by all the 196 governments of the world."
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- There has been illegal trade in controlled chemicals, problems in the management of large stockpiles of relevant chemicals, and difficulties in the elimination of certain chemicals - One reason for effectiveness of Montreal Protocol was the fact that CFCs could readily be replaced with hydrochlorofluorocarbons (HCFCs) - There have been 4 amendments to the Montreal Protocol: o London 1990: provided for the creation of an Interim Multilateral Fund to assist developing nation-states; added new chemicals to the list of controlled chemicals o Copenhagen 1992: interim Multilateral Fund became permanent; added new chemicals to the list of controlled substances, particularly HCFCs o Montreal 1997: nation-states required to create a licensing system for export and import of controlled substances; regulate trade in banned substances o Beijing 1999: allowed exceptions to use of controlled chemicals on the basis of 'basic domestic needs' - The Montreal Protocol makes special provision for certain nation-states, e.g. developing nations given a ten year delay in compliance, a separate consumption limit and access to the Multilateral Fund
Vienna Convention 1987 and Montreal Protocol 1989:
- Vienna Convention 1987 reflected agreement between nation-states to: o Co-operate with scientific research and assessments of ozone problem o Exchange information o Adopt 'appropriate measures' to prevent activities that harm the ozone - As a framework convention, obligations under the Vienna Convention 1987 were general and contained no specific limits on use of chemicals - The Montreal Protocol 1989 controls the production and use of specific chemicals that deplete the ozone layer - CFCs, HCFCs and the like. It does this by setting targets and a timetable for the reduction in use of these chemicals (and their eventual phasing out). The targets limited both the production and consumption of relevant chemicals - The Montreal Protocol 1989 contained flexible provisions to facilitate compliance and allow for anticipated changes in scientific knowledge. These provisions included: o Assessment panels were created to provide continuing expert assessments of the scientific data and methods/processes available to comply with obligations o Availability of different procedures for compliance allowed nation-states to be bound by different obligations which facilitated a higher degree of compliance