The atmosphere, a delicate layer of gas that surrounds the Earth, has two important roles. It shields the planet from harmful ultraviolet radiation emitted by the sun and preserves the heat necessary for supporting life within the stratosphere (Vorlat 361). Ultraviolet rays can cause significant damage to all living organisms on Earth, such as skin cancer, weakened immune systems, and harm to plants and animals. Therefore, the atmosphere and its ozone layer are vital for maintaining a stable existence on our planet. However, currently, there is an imminent danger posed to the ozone layer.
The depletion of ozone is caused by man-made chlorofluorocarbons (CFCs), which are toxic. The international community is working together through treaties and conventions to address this environmental issue. To fully grasp the problem, it is crucial to understand the nature and function of ozone. Ozone is a thin protective layer located nine miles above the earth’s surface and extending up to thirty-one miles in the atmosphere (Kellner 20). Its role involves shielding against harmful UV rays from the sun, thus safeguarding plants, animals, and humans from health problems such as skin cancer, immune system issues, and cataracts (Ozone Treaties).
Ozone, which consists of three oxygen atoms instead of the usual two, is usually bluish in color. When solar ultraviolet rays meet with oxygen molecules, ozone is created. This process results in the production of free oxygen molecules that eventually combine to form ozone molecules. Therefore, the sun’s rays are responsible for breaking down oxygen molecules to generate ozone. Ozone serves as a protective barrier for the planet. However, this natural process was disrupted by humanity’s invention of CFCs in 1928 (Ozone Treaties). CFCs are a chemical compound that depletes ozone levels.
CFCs, also known as chlorofluorocarbons, are heavy and stable chemicals commonly found in air-conditioners, refrigerators, fire-extinguishers, etc. They have a long journey to the ozone layer that can take up to five years after being released into the atmosphere. Once they reach the ozone layer, the sun’s rays cause chlorine atoms from CFCs to bond with ozone atoms, resulting in their destruction (Kellner 20). According to Kellner (20), just one pound of Freon, a type of CFC, has the potential to destroy 70,000 pounds of ozone. This depletion accounts for five percent of the three billion metric tons of ozone present in our atmosphere and leads to a decrease of about twenty to twenty-five percent specifically over the uppermost northern region on Earth. Additionally, every reduction in the ozone layer contributes to a twofold increase in cases of skin cancer (Kellner 20). The increasing release of CFCs into the atmosphere is responsible for this depletion and has caused a hole to form over the Antarctic region. This hole typically appears between September and November but in 1998 it appeared even earlier in mid-August and reached its largest size on record – ten and a half million square miles – by September.
The ozone layer hole is approximately three and a half times larger than the United States. It is not an actual hole, but a depletion of the ozone layer that has become so thin that empty patches give the appearance of a hole. In 1998, the thickness of the layer reached its nearly lowest recorded point (Kloor 8). The identification of this hole in 1985 served as evidence for global action. The initial response was through The Vienna Convention on the Protection of Ozone Layer.
Vienna, a framework treaty, aimed to safeguard the ozone layer by encouraging governments to commit to this cause. In this treaty, governments agreed to implement necessary actions in order to preserve human health and the environment from harmful effects caused or anticipated by human activities that impact the Ozone Layer (The Vienna Convention). Nevertheless, a deficiency of the convention was its lack of specific details. It did not specify the exact actions to be taken nor did it effectively identify the root cause of ozone depletion.
Rather than being a direct response to existing evidence, the convention was primarily a precautionary measure in anticipation of future protocols. Nevertheless, its significance lies in the fact that it marked the first international agreement to proactively address a problem before comprehensive research was available. In May 1985, concrete proof of the ozone layer depletion was discovered when an American satellite detected the presence of a hole (The Vienna Convention). This confirmed the earlier speculations and prompted the international community to take additional measures for safeguarding the ozone layer.
In September 1987, the international community reached a consensus on the ozone layer with the Montreal Protocol on Substances that deplete the Ozone Layer. This protocol focuses on eliminating the production of CFCs and other substances that deplete the ozone layer. One remarkable feature of this protocol is its flexibility, allowing easy modifications without extensive negotiation. Additionally, it acknowledges the technological disparities among developing nations. As of January 1st, 1989, the Montreal Protocol was ratified by 29 countries and the EEC.
Currently, the Protocol has been joined by 165 countries, with over a hundred of them being developing countries (The Montreal Protocol). Originally, the goal of the protocol was for developed countries to freeze their CFC levels at 1986 levels and reduce them by half by 1998. Additionally, halon levels were to be frozen at 1986 levels by 1992. Developing countries were given a ten-year grace period (Montreal Protocol Summary). Over time, the agreement has undergone numerous adjustments and amendments, leading to the final agreement that prohibits developed countries from producing CFCs after January 1996 (Retellack 188).
Furthermore, there were two exceptions included in the development of the phaseout timetable. The first exception allows countries to trade their allotted amount of CFC production with other countries as long as it does not exceed the group’s overall consumption and production. The second exception permits countries to operate CFC production at pre-determined levels if they had plans to develop a facility before September 16, 1987, or had planned legislation for one before January 1, 1987. Additionally, the Montreal Protocol provides special consideration for developing countries under Article 5.
The special consideration allows developing countries with an annual calculated consumption level of less than 0.3 kilograms per capita to delay the phaseout by ten years. They can also exceed their consumption and production goals if it is for basic domestic needs. The current deadline for phasing out CFC and halon in Article 5 countries is January 1, 2010 (Caron 366-67). Developed countries must phase out HCFCs, a substitute for CFCs, by 2030, while developing countries have until 2040. Methyl Bromide has been moved up to 2005, and developing countries need to phase it out by 2015 (Report on Ninth).
One of the reasons for the push back is because of complaints from China and India, who want to protect their right to develop CFC technology. In response, an amendment was created, called the Interim Multilateral Fund, which allocates 240 million for developing countries to adopt non-CFC technology and meet protocol timetables (Montreal Protocol Summary). It is important to note that the ozone layer covers all nations on Earth, and CFCs are a type of transboundary pollution. Due to this reason, the Montreal Protocol plays a crucial role in preventing the free rider problem and fostering international cooperation. However, despite its significance, the Montreal Protocol faces its own set of challenges.
The primary focus of the protocol is to prioritize equity for developing nations instead of solely concentrating on safeguarding the ozone layer. This is demonstrated by the provision of a ten-year grace period exclusively for developing nations. However, the protocol does not adequately tackle the disparity between major consumers and producers such as the US and smaller users like China. It is important to mention that industrialized countries, despite comprising less than a quarter of the global population, consume approximately 85% of CFCs globally.
China and India, together making up 35% of the world’s population, only contribute to 2% of global CFC consumption (Tripp 371). The primary issue concerning the ozone layer and efforts to reduce CFC usage is the rampant smuggling of CFCs in the black market. Despite prohibiting CFC production in developed countries like the US, companies are relocating their production facilities to developing nations where it is still legal. Consequently, this practice has resulted in the unlawful transportation of CFCs into developed nations and substantial profit generation.
CFCs are an odorless, colorless gas, making them easily smuggled and a lucrative black market industry, second only to illegal drugs. Customs officials in Texas encounter an average of five smuggling attempts daily (Retallack 189). In Florida, between 1994 and 1996, approximately 10,000 tonnes of CFCs were smuggled. The demand remains high due to the expense of alternatives for air-conditioning units in older vehicles (Ozone Treaty Must 219). The Montreal Protocol has certain gaps, permitting the use of old CFCs and allowing developing countries to export CFCs to other developing countries via developed nations.
The issue at hand is the marketing of new CFCs as old ones and the failure to send them to developing countries after passing through developed countries. To address this problem, an amendment is proposed for the protocol, which involves the implementation of a licensing system. This system will rely on signatory countries notifying, reporting, and cross-checking information about imported and exported CFCs. The objective is to carefully monitor all CFC imports and prohibit the import and export of controlled substances without a license.
The existence of the black market is a reminder that phasing out CFC production is essential. Despite the consequences, the international community views the Montreal Protocol as a reasonably successful endeavor. It highlighted the significance of the precautionary principle by prompting action without conclusive evidence. This prevented years of ozone depletion without any intervention. Additionally, the protocol spurred changes in industries as a response to public and scientific concerns.
Instead of resisting the phaseout of CFCs, companies chose to invest in finding alternatives and thus, generating new business prospects. An essential aspect was that the protocol highlighted the need for developing and developed nations to collaborate in order to preserve the environment. Recognizing that developing nations had not yet had the opportunity to advance their technologies, the protocol acknowledged that they should not be immediately restricted from accessing CFCs. In return, developed nations agreed to assist developing nations in transferring their technology to more ozone-friendly systems.
The outcome is a collaboration and numerous developing countries surpassing the phaseout timetable (French 2). The Montreal Protocol represents one of the initial robust environmental commitments that united the backing of the entire global community. Despite encountering obstacles and vulnerabilities, the reality stands that CFC production has decreased by 75% compared to its 1988 figures (French 2). If nations, both developed and developing, persist in fulfilling their phaseout production plans, or at least continue diminishing the quantity of ozone depleting substances they generate, the recovery of the ozone layer will commence gradually.
By the end of the next century, it is projected that the ozone layer will merge into a continuous layer. The greenhouse effect plays a crucial role in trapping solar energy within Earth’s climate system, resulting in higher temperatures than expected from incoming solar radiation alone. Solar energy naturally becomes trapped in Earth’s atmosphere and helps maintain an equilibrium temperature approximately 35 degrees Celsius warmer than it would be without the greenhouse effect. This atmospheric function is vital for sustaining life as we currently know it.
The balance of the climate system involves greenhouse gases, which selectively absorb long wave radiation and are naturally present. Among these gases, CO2 is the primary contributor, with its concentration currently at 360 parts per million (compared to a relatively constant 280 parts per million throughout history according to fossil records). The main reason for this increase can mainly be attributed to burning fossil fuels over the past 150 years.
Greenhouse gases, such as CO2, H2O, CH4, O2, O3, and NOx, have the ability to trap and release long wave radiation emitted by Earth at night. This process is responsible for Global Climate Change and leads to a decrease in the diurnal temperature range instead of a overall rise in average temperatures. However, there has been a recorded increase of 0.3 to 0.6 degrees Celsius over the last century and a half. These weather pattern observations are likely caused by human interference with the climate system’s self-regulation.
The rise in greenhouse gases and their impact on the atmosphere stems from industrial economies relying on fossil fuels for energy production, as well as the growing demand for energy-intensive goods per capita. This surge in CO2 levels directly results from human activities, surpassing the Earth’s natural ability to absorb the surplus CO2.
The current human-caused CO2 emissions are approximately 7 billion tons per year, and sinks and reservoirs can absorb between 2 and 3 billion tons annually. If the current rate of carbon emissions persists, it is forecasted that atmospheric CO2 concentrations will double by 2050, resulting in an average temperature rise of 3 to 5 degrees Celsius. The volume of greenhouse gases in the atmosphere continues to increase due to higher fossil fuel emissions and deforestation. This ongoing cycle of emissions and trapped heat gains momentum with each iteration, leading to more significant consequences.
Even though humans only contribute a small amount of CO2 and other greenhouse gases to the atmosphere, their impact on the climate system will significantly grow. This Global Climate Change has numerous adverse effects on the environment, such as intensified marine and winter storms, increased evaporation of surface fresh water, desertification of continental regions, destruction of marine fisheries, melting of arctic tundra and ice-caps leading to coastal flooding, and potentially causing another ice age by desalinating the Oceanic Conveyor Current.
The issue of Global Climate Change is clearly crucial for humanity and requires a comprehensive, global approach. However, tackling such an issue internationally is challenging due to the different positions of all involved parties. Furthermore, addressing a problem that is present worldwide and closely linked to economic growth is extremely difficult. Nevertheless, in the last three decades, we have made gradual progress in reducing human-caused emissions of greenhouse gases.
The 1972 Stockholm convention marked the first step in addressing environmental issues within the UN framework. Under Principle 21, nations acknowledged a shared responsibility to protect the environment of other states. This convention produced the initial soft law on environmental matters, including plans for research, information sharing, technology exchange, and global environment monitoring and evaluation.
The emergence of soft law provided the groundwork for future agreements and legal obligations. However, it was not until 1985 that concrete targets and timelines were set in relation to Global Climate Change. The 1979 Convention on Long-Range Transboundary Pollution led to the creation of the 1985 Sulfur Emissions Protocol and the 1988 Nitrogen Oxides Emissions Protocol. These protocols mandated a reduction of 30% in sulfur emissions from the 1980 baseline by 1993, as well as a requirement for Parties to limit nitrogen oxide emissions to 1987 levels by 1995. Additionally, parties committed to further reductions in line with the best available science and technology. These were the first resolutions specifically addressing climate change with specific targets and timelines. The 1985 Vienna Convention on the Ozone Layer and the 1987 Montreal Protocol also played a role in advancing international law related to the atmosphere. The primary greenhouse gas, CO2, was not addressed until the 1992 Rio Convention, and many consider this initial attempt to curb human-induced global warming to be a failure.
The reduction of CO2 emissions was not committed to, and only vague frameworks were established for emission stabilization. However, the Rio convention did produce some positive outcomes such as a long-term goal to limit human interference with the climate system, processes for responding to global climate change, and principles for guiding future action. Importantly, the convention brought attention to the political and economic issues that hinder efforts to reduce human impact on the planet.
The world community gathered in Kyoto, Japan in 1997 to address the issue of climate change. At this meeting, 38 developed nations reached a consensus to reduce emissions of CO2, CH4, NO2, and three substitutes for CFCs. The agreed reduction target was 5.2% of 1990 baseline levels. The United States initially pushed for a compliance date of 2000 but later agreed to achieve the reduction between 2008 and 2012, with a higher target of 7%. Flexibility was given to countries transitioning to a market economy, and considerations were made for the needs of OPEC nations.
Currently, the Kyoto Protocol is signed by 84 countries, but only 7 of them have ratified it. These ratifications come from small states that are especially vulnerable to the impacts of Global Climate Change. To become effective, the Kyoto Protocol requires ratification from 55 Parties that account for 55% of the 1990 emissions. Even with ratification, environmentalists argue that the convention lacks meaningful enforcement measures and that a 5.2% reduction is insufficient to significantly reduce the billions of tons of human-caused emissions already present in the atmosphere.
The 1998 Buenos Aires convention was a significant milestone in the progression of climate change conventions. It solidified and advanced key principles related to enforcement. Parties agreed to create a negotiation process for a legal regime, aiming to ensure compliance with agreements under the Kyoto Protocol and establish penalties for non-compliance. Additionally, a committee was established to address the phase-out of hydrofluorocarbons, which are substitutes for ozone-depleting chlorofluorocarbons (CFCs) and possess significantly higher infrared radiation trapping potential, ranging from 1300 to 3000 times that of CO2.
The Buenos Aires Plan of Action was adopted during the convention, marking significant progress. This plan shows the Parties’ determination to strengthen the implementation of the Convention and prepare for the future entry into force of the Kyoto Protocol. It includes resolutions regarding the financial mechanism, technology development and transfer, and the implementation of FCCC Articles 4.8 and 4., which acknowledge the different responsibilities of Parties while promoting scientific and technical advancements and raising public awareness about climate change. Additionally, the Parties committed to promoting sustainable development and safeguarding greenhouse gas sinks and reservoirs not controlled by the Montreal Protocol. They also reiterated their goal of reducing overall emissions by at least 5% below 1990 levels by the commitment period of 2008-2012.
Over the past three decades, Global Climate Change has evolved through various stages in international law. Currently, we are transitioning from soft law to consent, and in the future, we will shift towards consensus. When consensus is achieved, we can demonstrate that preserving the environment is a matter of opinio juris. Once our legal system is established, we will have the means to effectively enforce environmental protection regulations. The case study examined here focuses on Germany, a developed country.
Despite being classified as developed, the European Community and the United States have differing viewpoints and approaches when it comes to ozone depletion. According to Benedick (68), the negotiating parties can be divided into three camps, which have remained relatively unchanged since the 1985 Vienna conference. The first group, known as the Toronto Group, includes the United States, Canada, Finland, Norway, and Sweden. They advocate for strict controls on ozone depletion. Another party that ratified the Vienna Convention is the Soviet Union (Benedick, 68), which also supports stringent regulations, in contrast to the European Community. Even at a later stage, the EC Commission still maintains that replacing chlorofluorocarbons in aerosols is not feasible without sacrificing quality and that there are no satisfactory alternatives on the horizon (Benedick, 69). The third group consists of developing countries initially undecided on the matter but eventually leaning towards stricter controls (Benedick, 69). According to Benedick (26), all EC countries combined contribute 38% to CFC production, with Germany being the largest producer.
Germany, with its significant production within the EC, is expected to support the big business attitude against restrictions. Nevertheless, Germany strongly disagreed with the position established by the European Community, which ultimately influenced other nations to change their stance. Moreover, Germany has actively promoted the transfer of technology as outlined by the Montreal Protocol. By 1988, companies in Belgium, the Federal Republic of Germany, the Netherlands, and the United Kingdom voluntarily pledged to start phasing out CFCs as propellants.
And the UK House of Lords recommended mandating a ban on CFCs in aerosols across the entire community (Benedick, 107). This change in stance was primarily driven by businesses recognizing the increasing public awareness and concern for the environment, particularly in regards to preserving the ozone layer. For these businesses, it became essential to prohibit the use of CFCs in aerosols in order to satisfy consumers. Germany had already demonstrated through practical implementation that transitioning to alternative substances to CFCs was feasible. Being the leading producer of CFCs in Europe, Germany’s successful conversion became a compelling example for other nations. Germany has also been at the forefront of global efforts in ratifying ozone treaties.
Germany is a global leader in ozone protection, having ratified the Vienna Convention, Montreal Protocol, and their amendments. It is one of only ten countries to have ratified the Montreal Amendment, which requires the ratification of twenty nations to become effective, as it has surpassed its January first deadline (UNEP). The Montreal Protocol mandates developed countries, including Germany, to assist developing nations in phasing out CFCs and developing sustainable alternatives.
Article Five of the Protocol states that parties should make it easier for developing countries to access environmentally-safe alternative substances and technology, and help them use these alternatives quickly (D’Amato/Engel, Appen. 165). Additionally, Article Nine emphasizes the need for technology transfer, alternatives to harmful substances, cost and benefit analysis, and environmental awareness (D’Amato/Engel, Appen. 166). The Deutsche Gesellschaft fur Technische Zusammenarbeit (German Technical Cooperation) is working towards achieving these objectives.
The German Technical Cooperation, known as GTZ, is a government-owned organization that carries out technical cooperation activities on behalf of the German government. GTZ supports countries in Central Europe, Africa, Asia, and Latin America. While GTZ provides assistance in various sectors such as health, education, and infrastructure, the Urban and Industrial Environment Project focuses specifically on the measurement and surveillance of industrial and urban pollution. Additionally, GTZ offers environmental technology consultancy services to small and medium-sized enterprises to assist them in minimizing or eliminating emissions. These efforts align with the objectives outlined in the Montreal Protocol.
The GTZ emphasizes the need to develop and introduce appropriate technology in compliance with the Protocol established by the Montreal Protocol. They provide various examples of their efforts to promote ozone-friendly practices, including a news story titled “Like a Phoenix from the Ashes” presented on September 16, 1997. This article discusses how the GTZ played a role in discontinuing the use of R 134a, which was originally a substitute for CFCs in refrigerators but also contributed to the greenhouse effect. Their assistance helped developing countries phase out the use of both CFCs and R 134a (GTZ).
Their initial technology transfer was inadequate, so they made improvements. While developed countries often have differing opinions on the environment and its degradation, ozone agreements were established relatively quickly in international law. Germany has proven to be a commendable country in terms of its commitment to protecting the ozone layer. By strongly opposing the European Community’s stance, promptly ratifying ozone treaties, and implementing suitable government agencies to enforce the Montreal Protocol, Germany should serve as a role model for other nations in the battle to preserve the ozone.
A case study on the developing country China highlights the quote “Let the person who tied the ring on the neck of the tiger, take it off” (qtd. In D’Amato and Engel 393). This perspective is based on the belief that developed countries have “fouled the nest” and it is now the responsibility of developing countries to address it ([Internet] Trisko). Article 4 of the Rio de Janeiro United Nations Framework convention on Climate Change emphasizes that all parties have “common but differentiated responsibilities” (qt. In D’Amato and Engel 180).
The South and the North have different perspectives on Global Climate Change. The South sees it as a development problem, while the North sees it as an environmental problem. The South believes that allowing their greenhouse gases to increase as a result of industrialization is necessary for economic growth, until the emissions reach the levels seen in current developing countries (D’Amato and Engels 378). Developing countries are not included in the projected levels of CO2 reduction set by the UN Earth Summit in Rio and its follow-up, the Berlin Mandate, which both established voluntary norms of reduction ([Internet] Trisko).
Despite estimates indicating that 85% of the expected rise in future CO2 parts per million will originate from countries and regions not included in the proposed treaty. The Kyoto conference addressed these points and followed in the footsteps of the Rio Summit and the Berlin Mandates by omitting specific obligations for developing nations. The Kyoto conference dedicated an additional day to discuss the arguments between developed and developing countries. China and the G77 advocated for the exclusion of emission trading.
At the conference, the Chinese delegate Zhong Shukong argued that trading emissions violated human rights. The US strongly disagreed and emphasized the importance of trading rights for nations to meet proposed standards. Additionally, during the extra day of the Kyoto conference, the US and other developed countries requested that a paragraph be included on the commitment of developing countries to global CO2 levels. However, the head delegate of the conference rejected both proposals.
His decision was primarily based on Article 38 of the Statute of the International Court of Justice, which places the responsibility for cleaning up in the hands of the one who caused the pollution. This principle is also applied to ozone depletion. “Given that 98% of CFC-11 is produced and used by developed countries, it is only fair to let them address this problem and educate developing countries on how to avoid similar problems in the future.” (D’Amato 393). However, this decision does not take into account the future production levels of developing countries. China joined the Kyoto protocol as the 37th country in May 1998 ([Internet] China).
According to [Internet] China, the Protocol urges 38 industrialized nations, including the US, the EU, and Japan, to decrease their greenhouse gas emissions by specific percentages: 7%, 8%, and 6% respectively. However, President Clinton has been advised by the Senate not to sign the Protocol unless developing countries are also included in the percentage reductions. [Internet] China warns that if only industrialized countries reduce emissions, it will lead to three consequences: job losses in America moving to third world countries, unilateral reductions in emissions, and no significant impact on global CO2 levels.
The winner of the Kyoto protocol, according to the US, is China. This is due to the projected influx of multinational companies from developed countries, which will boost the Chinese economy but result in increased unemployment in the US ([Internet] Trisko). China is known for its numerous old coal burning plants. These plants not only contribute to global CO2 levels but also lead to heightened acid rain in China and neighboring regions. Additionally, they have adverse effects on buildings, bicycles, and cars ([Internet] China).
China is considering promoting technology and finance transfers, as well as including emission credits and giving more power to NGOs over regulations. China is a prominent member of the South and the second largest producer of CO2 emissions in the world. It is projected that by 2025, China will release more CO2 into the atmosphere than the current combined totals of the US, Japan, and Canada.
The estimate is influenced by two main factors. Firstly, the emission levels of developed countries have been reduced as a result of their adherence to the Kyoto protocol. This international agreement requires 38 industrialized nations to lower their greenhouse gas emissions to the levels recorded in 1990 during the period of 2008-2012 ([Internet] China). Secondly, the expanding Chinese economy also plays a role. Despite China’s effective government-regulated population control programs, the current population in China still exceeds one billion.
The escalation of global warming can be attributed to both individual consumption of fossil fuels and China’s extensive coal industry. China received loans amounting to 1.3 billion dollars from the World Bank in 1997-1998, which included $330 million allocated for two large coal-fired plants in the Hunan providence (source: Wysham). These loans contribute to the expectation that China will surpass the US as the leading emitter of CO2 in the next twenty years (source: Wysham). However, the Hunan project was approved by the World Bank board without sufficient time allocated for assessing its environmental impact (source: Wysham).
The plant was granted permission even though it exceeded World Bank guidelines for pollution.
