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The International Legal Regime for the Protection of the Stratospheric Ozone Layer 2nd ed

Osamu Yoshida

ISBN13: 9789004247673

Previous Edition ISBN: 9041115900

Published: November 2018

Publisher: Brill Academic Publishers

Country of Publication: The Netherlands

Format: Hardback

Price: £194.00

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The Montreal Protocol, which is based on the Vienna Ozone Convention, is known as one of the most successful environmental treaties in the history of international law. These treaties, together with non-binding instruments adopted by the MOP/COP, have gradually formed the so-called 'ozone regime' and have exerted a significant influence on the international legal order.

The first edition of Professor Yoshida's monograph, The International Legal Regime for the Protection of the Stratosphere Ozone Layer, published in 2001, provided a renowned and comprehensive contemporary study of the international ozone regime. In the second revised edition, the author provides a detailed analysis of the developments in the ozone regime after the adoption of the 1999 Beijing Amendments, including the operation of the Non-Compliance Procedure and the Kigali Amendment on a global phase-down of HFCs.

Subjects:: Environmental Law

Contents:: List of Cases; Preface to the Second Revised Edition; About the Author; Foreword; Introduction; Part 1: International Legal Regimes; 1International Environmental Regimes; IA Preliminary Examination of 'International Regimes'; IIInternational Regimes in International Environmental Relations; IIIInternational Environmental Regimes and International Law; ALaw-Making in International Cooperation Regimes of Environmental Regulation; BThe Institutionalisation of International Environmental Cooperation; C'Soft Enforcement' of Treaties: Implementation of and Compliance with Legal Obligations of Environmental Regimes; DNon-Governmental Organisations as Actors of International Legal Regimes; IVThe Emergence of the 'Self-Contained' Regime for Obligations Erga Omnes: Ensuring Universal Compliance; VConclusions; Part 2: The International Treaties for the Protection of the Ozone Layer; 2The 1985 Vienna Convention for the Protection of the Ozone Layer and Principles of Modern International Environmental Law; IIntroduction; IIThe Negotiation of the 1985 Vienna Ozone Convention; ANational and Regional Regulation of Major Chlorofluorocarons (CFCs); BThe Vienna Convention Negotiation within the UNEP as a Law-Making Forum; (1)The International Ozone Regime-Building from 1977 to 1980; (2)The Discussions at the Ad Hoc Working Group (1982-1985); (3)Negotiating an Ozone Protocol for Controlling CFCs; (4)'The Vienna Ozone Layer Convention is Adopted'; IIIThe 1985 Vienna Convention for the Protection of the Ozone Layer; AThe Definition of 'Adverse Effects' Caused by Ozone Depletion; (1)The Limited Scope of the Term 'Air Pollution' in Regional Environmental Treaties; (2)Adverse Effects Caused by Ozone Depletion; BThe Legal Status of the Ozone Layer in General International Law; (1)National Jurisdiction over the Ozone Layer; (2)The Ozone Layer as 'Common Concern of Mankind'; CThe Vienna Ozone Convention and the 'Principle' of the Precautionary Approach in Modern International Law of the Environment; (1)The Vienna Ozone Convention and Principle 21 of the 1972 Stockholm Declaration on the Human Environment; (2)The Vienna Ozone Convention and the Precautionary Environmental 'Principle': The Emergence of a New Approach; (a)International Environmental Cooperation: Developments Subsequent to the Adoption of Principle 22 of the 1972 Stockholm Declaration; (b)The Precautionary Environmental 'Principle' or Approach; DThe Provisions of the Vienna Ozone Convention; (1)The General Obligations: Legal Basis of the Montreal Ozone Protocol; (2)The Conference of the Parties to the Vienna Ozone Convention; (3)The UNEP Ozone Secretariat for the Vienna Convention and the Montreal Protocol; (4)The Dispute Settlement Procedures under the Vienna Ozone Convention; IVAssessment of the Vienna Ozone Convention; 3The Montreal Protocol: The Evolution of the International Regulatory Regime for the Protection of the Ozone Layer; IIntroduction; IIThe Montreal Protocol Negotiation: Preparation on the Protocol on the Protection of the Ozone Layer within the UNEP; AThe First Session of the Working Group; BThe Second Session of the Working Group; CToward a Final Decision in Montreal in September 1987; IIIInternational Legal Regulation of Specified ODSs under the Montreal Protocol; AThe Final Agreement: Provisions of the Montreal Protocol; BInternational Control Measures for ODSs; (1)The Substances Covered by the Montreal Ozone Protocol; (2)The Percentage Reduction Approach: Consumption and Production; (3)The Ozone-Depleting Potentials (ODPs); (4)The Special Situation of the Former USSR; (5)Non-Compliance with the Control Measures: Compliance Control; CThe Internal Mechanisms for Amendments and Adjustments: Strengthening the System of the International Control Measures; DThe European Community as the 'Regional Economic Integration Organisation': The Joint Implementation of the ODS Control Measures; ESpecial Situation of Developing Countries: The 'Grace Period' for Article 5 Countries; (1)The Justification for the Grace Period; (2)The Grace and Phaseout Period for Article 5 Countries; (3)The Principle of Common-But-Differentiated Responsibility; (4)The Consequences of the Grace Period; IVThe Development of the International Cooperative and Regulatory Ozone Regime: The Evolution of International Control Measures and Other ODSs-Related Issues; AThe Need for Revisions of the 1987 version of the Protocol: New Scientific Knowledge on the State of the Ozone Layer; BThe 1989 Helsinki Ozone Meeting and Its International Soft Law; CThe 1990 London Ozone Meeting: Strengthening the Control Measures and the Establishment of the Multilateral Fund; DThe 1992 Copenhagen Ozone Meeting: Strengthening the Control Measures of HCFCs and the Establishment of the Montreal NCP; EThe 1995 Vienna Ozone Meeting: The Control Measures for HCFCs and Methylbromide, and the Extension of the Grace Period; FThe 1997 Montreal Ozone Meeting: Control Measures of Methylbromide and Illegal Trade in CFCs and ODSs; GThe 1999 Beijing Ozone Meeting: A Freeze in HCFCs Production and the Control of a New ODS - Bromochloromethane; HThe 2007 Montreal Ozone Meeting: Adjustments for Accelerating HCFCs Phaseout; IThe 2016 Kigali Ozone Meeting: Phasing Down of Hydrofluorocarbons (HFCs); VThe Domestic Implementation of the International Treaties for the Protection of the Ozone Layer; AIntroduction; BDomestic Implementation of the Ozone Treaties in Japan; VIConclusions; Part 3: The Ozone Layer Regime and the Wto/Gatt Law Regime; 4The Montreal Ozone Protocol Regime and the International Trade Law Regime of the WTO/GATT; IIntroduction; AMultilateral Environmental Agreements and WTO/gatt Law; BMultilateral Environmental Agreements (MEAs); IIThe International Regime for Trade Restrictions of ODSs; AThe Background of Article 4 of the Montreal Protocol: Resolving the Problem of Non-Participation in the MEA Regime; BArticle 4 of the Montreal Protocol: Process and Production Method-Related Arguments; IIIThe WTO/GATT Trade Law; AThe WTO/GATT Law; BThe Governing Economic Principles of GATT Law; CGATT Case-Law; IVThe Legal Conflicts between MEAs and WTO/GATT Trade Law; AThe Legal Conflicts between MEAs and WTO/gatt Trade Law; BThe Relationship between MEA Dispute Settlement Procedures and the WTO Dispute Settlement System: The Montreal NCP or the WTO Dispute Settlement Procedures?; (1)General Discussions; (2)The NCP or the WTO Dispute Settlement Procedures?; VGATT Article XX and the Global Protection of the Ozone Layer under the Montreal Protocol; AThe Exceptions under GATT Article XI(1) and XX; BGATT Article XI(2) Exceptions and the Montreal Protocol; CThe Preamble Conditions for GATT Article XX Exceptions and Article 4 of the Montreal Protocol: Compliance with the Terms of the Chapeau; DGATT Article XX(b) and the Protection of the Ozone Layer; (1)Article 4 of the Montreal Protocol is 'Necessary' to Protect Human Health and the Environment: GATT Article XX(b) and International Environmental Law; (2)Environmental Objectives of the International Ozone Regime are widely recognised by the International Community; EGATT Article XX(g) and the Protection of the Ozone Layer; VIConclusions; Part 4: The Compliance System of the Montreal Protocol; 5The Montreal Non-Compliance Procedure and the Functions of the Internal International Organs; IThe Montreal Non-Compliance Procedure (NCP); AThe Judicial Settlement of International Environmental Disputes; BThe Avoidance and Quasi-Judicial Settlement of Multilateral Environmental Disputes: The Non-Compliance Procedure (NCP); IIThe Negotiation of the Montreal NCP; IIIThe Meaning of 'Non-Compliance' in the Montreal Protocol: A Grey Area of the International Ozone Regime; AThe Meaning of 'Non-Compliance' in the Evolving Ozone Regime; BDepoliticising Multilateral Environmental Disputes? The Relationship between the NCP and the Dispute Settlement Mechanisms in the Vienna Ozone Convention; IVThe Mechanics of the Operation of the Montreal NCP: The Functions of the Specialised Internal Treaty Bodies; AThe Structure of the Montreal NCP; (1)The Actors of the NCP; (2)The Principle of Good Faith (Bona fides); BThe Functions of the Internal International Agencies in the Montreal Non-Compliance Procedure; (1)The UNEP Ozone Secretariat; (2)The Implementation Committee of the NCP; (a)The Structure of the Implementation Committee; (b)The Functions of the Committee in the Montreal NCP; (3)The Meeting of the Parties to the Montreal Protocol; (a)The Functions of the Meeting of the Parties in the NCP; (b)The Legal Nature of the Decisions of the Meeting of the Parties; VThe Principal Features of the NCP: The Montreal NCP, International Conciliation and Other Dispute Settlement Procedures; AThe Montreal NCP as a Multilateral Conciliation Mechanism; (1)International Conciliation and the NCP; (2)From Conciliation to the Political Organ of the MEA; BThe Dispute Settlement Mechanisms Used by Other International Institutions; (1)The WTO/GATT Non-Violation Procedure in International Economic Law; (2)The ILO Complaints Procedure; VIThe Montreal NCP Theory: Soft Enforcement of International Environmental Law; VIIThe Montreal NCP in Practice; AEnsuring Compliance with Reporting Requirements, Control Measures and Trade Restrictions; (1)The Reporting Requirements; (2)The Control Measures of ODSs; (3)Trade with Non-Parties; BCase Study: Non-Compliance by the Russian Federation and the Reactions of the NCP Organs; (1)The Russian Federation and the CEITs; (2)Russia's Non-Compliance Case; VIIIConclusions; 6The Financial Mechanism of the Montreal Protocol and the International Transfer of Ozone-Friendly Technology: Capacity Building in the Ozone Regime; IThe Concept of Capacity Building in International Environmental Law; AThe Definition of Capacity Building; BCapacity Building and MEAs; IIThe Negotiation Process of the Montreal Multilateral Fund and Issues Related to Technology Transfer; ACapacity Building under the Vienna Ozone Convention and the Montreal Protocol; BThe Negotiation of the Montreal Multilateral Fund and Technology Transfer; IIIThe Structure of the Financial Mechanism of the Montreal Protocol; AGeneral Legal Aspects; BThe Role of the International Agencies in the Financial Mechanism; (1)The Executive Committee; (2)The Multilateral Fund Secretariat; (3)The Implementing Agencies; (a)The World Bank; (b)The United Nations Development Programme (UNDP); (c)The United Nations Environment Programme (UNEP); (d)The United Nations Industrial Development Organisation (UNIDO); CThe Global Environment Facility (GEF); DStrategies: Work Programmes, Country Programmes and Institutional Strengthening; (1)Work Programmes; (2)Country Programmes; (3)Institutional Strengthening for Project Implementation; (4)The Conditionally between MLF Funding and Compliance with the Protocol; IVSpecial Considerations for the International Transfer of Ozone-Friendly Technology; AInternational Technology Transfer; BInternational Technology Transfer of ODS Reduction; VThe Operation of the Financial Mechanism of the Montreal Protocol; AThe Effectiveness of the Montreal Multilateral Fund; (1)The Phaseout of Controlled ODSs; (2)The Transfer of Technology of ODSs; VIConclusions; Part 5: Conclusions; 7The International Legal Regime for the Protection of the Ozone Layer; Appendices; IThe 1985 Vienna Convention for the Protection of the Ozone Layer; IIThe 1987 Montreal Protocol on Substances That Deplete the Ozone Layer, as adjusted and amended by the Second Meeting of the Parties (London, 27-29 June 1990) and by the Fourth Meeting of the Parties (Copenhagen, 23-25 November 1992) and further adjusted by the Seventh Meeting of the Parties (Vienna, 5-7 December 1995) and further adjusted and amended by the Ninth Meeting of the Parties (Montreal, 15-17 September 1997) and by the Eleventh Meeting of the Parties (Beijing, 29 November - 3 December 1999) and further adjusted by the Nineteenth Meeting of the Parties (Montreal, 17-21 September 2007) and further amended by the Twenty-Eighth Meeting of the Parties (Kigali, 10-15 October 2016); IIIThe Non-Compliance Procedure (1998); Indicative List of Measures that Might be Taken