The International Legal R Gime For The Protection Of The Stratospheric Ozone Layer

The first edition of Professor Yoshida’s monograph, The International Legal Régime for the Protection of the Stratosphere Ozone Layer, provided a renowned and comprehensive contemporary study of the international ozone régime. In the second revised edition, the author analyses important developments in the ozone treaty régime.

Written by the Senior Legal Counsel of the Ozone Secretariat, this book critically examines the implementation of the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer. This successful Protocol represents a dynamic legal regime that has made significant contributions to the progressive development of international environmental law resulting from innovative legal approaches, unparalleled in the history of treaty making, such as the use of framework treaties, simplified treaty amendment procedures and Ã?«soft lawÃ?Â- instruments. The author addresses issues related to environmental governance, environmental financing and the non-compliance procedure. The Montreal Protocol has considerably influenced subsequent multilateral environmental agreements, such as the Climate Change Convention and the Kyoto Protocol, as they have embraced similar financial mechanisms and non-compliance regimes. As the Montreal Protocol plays an important role in the development of international environmental law, a book that specifically deals with this significant Protocol cannot fail to be of importance to anyone interested in this area of law.

The first edition of Professor Yoshida's monograph, The International Legal Régime for the Protection of the Stratosphere Ozone Layer, has been the most comprehensive contemporary study of the international ozone régime. In the second revised edition, he analyses important developments of the ozone treaty régime.

While government enforcement of laws and regulations to control the production of chloroflurocarbons in 1987 has been hailed as exemplifying the precautionary principle, for almost two decades US companies failed to take precautionary measures to prevent chemical emissions, despite the probable risk of stratospheric ozone loss. As a result, human harms in the form of skin cancer have reached epidemic proportions globally and in the United States where, today, one person dies every hour from skin cancer. This book reviews U.S. laws, regulations, and policies, as well as case law regarding similar toxic tort cases to consider whether companies can and should be held legally liable under tort common law theories and related tort justice theories for having contributed to increased risks of skin cancer.

In the 1970s the world became aware of a huge danger: the destruction of the stratospheric ozone layer by CFCs escaping into the atmosphere, and the damage this could do to human health and the food chain. So great was the threat that by 1987 the UN had succeeded in coordinating an international treaty to phase out emissions; which, over the following 15 years has been implemented. It has been hailed as an outstanding success. It needed the participation of all the parties: governments, industry, scientists, campaigners, NGOs and the media, and is a model for future treaties. This volume provides the authoritative and comprehensive history of the whole process from the earliest warning signs to the present. It is an invaluable record for all those involved and a necessary reference for future negotiations to a wide range of scholars, students and professionals.

This handbook contains the full texts of the Vienna Convention and the Montreal Protocol, including amendments and decisions adopted by the Parties upto the end of the year 2002, as well as information on the rule of procedure for meetings, the evolution of the Montreal Protocol, and on sources of further information.

Protecting the Ozone Layer: Lessons, Models, and Prospects Since the mid-1980s, the international community has adopted several significant instruments designed to reverse the degradation of the life support systems of the planet. None of these international agreements have been as successful as the 1987 Montreal Protocol in creating the incentives and mechanisms for protecting the ozone layer. Through the efforts of industry, government and public interest groups, national commitments and achievements have progressed further and faster than expected, while the list of controlled chemicals has expanded. Now in its second decade, the Protocol enters a crucial phase of its implementation. Protecting the Ozone Layer: Lessons, Models, and Prospects presents a wealth of information about the scientific, legal-political, and technological hurdles that we will have to overcome if humanity is to reverse its self-destructive course. The technology section in particular should appeal to industries affected by ozone layer protection as well as those affected by climate protection, since this is the first ozone publication featuring insights by the companies that spearheaded the major technological breakthroughs. Every initiative to improve the environmental performance of industry has been accompanied by pronouncements of economic devastation, from acid rain to auto emissions standards, from auto mileage improvements to the protection of the ozone layer. Each new initiative brought claims from industry that this situation was different, yet none of their predictions have come true. At a time when industry fights efforts to protect the environment, the ozone experience shows both how technical breakthroughs have enabled environmental protection policies to work in the past and how they will work again in the future. Protecting the Ozone Layer: Lessons, Models, and Prospects is the product of a Colloquium that was organized in September 1997 to celebrate the tenth anniversary of the Montreal Protocol. Contributions have been gathered from researchers and practitioners in the field, including some of the very same scientists whose work awakened the international community to the seriousness of the danger that humanity now faces. Other contributors include the scholars and diplomats who wrote and negotiated the text of the Protocol and its amendments, and the key figures who have been influential in convincing industry to support the process.

This book is the first comprehensive history of international efforts to protect the ozone layer, the greatest success yet achieved in managing human impacts on the global environment. Its arguments about how this success was achieved are both theoretically novel and of great significance for the management of other global problems, particularly global climate change. The book provides an account of the ozone-depletion issues from the first attempts to develop international action in the 1970s to the mature functioning of the present international regime. It examines the parallel developments of politics and negotiations, scientific understanding and controversy, technological progress, and industry strategy that shaped the issue's development and its effective management. In addition, the book offers important new insights into how the interactions among these domains influenced the formation and adaptation of the ozone regime. Addressing the initial formation of the regime, the book argues that authoritative scientific assessments were crucial in constraining policy debates and shaping negotiated agreements. Assessments gave scientific claims an ability to change policy actors' behavior that the claims themselves, however well known and verified, lacked. Concerning subsequent adaptation of the regime, the book identifies a series of feedbacks between the periodic revision of chemical controls and the strategic responses of affected industries, which drove rapid application of new approaches to reduce ozone-depleting chemicals. These feedbacks, promoted by the regime's novel technology assessment process, allowed worldwide use of the chemicals to decline further and faster than even the boldest predictions, by nearly 95 percent within ten years.