INTERNATIONAL POLITICS OF ENVIRONMENT

IR-209

Treaty Review

Submitted by :

LAIBA MAHMOOD

Roll no:

NDU-BS/IR-22/F-018

Submitted to :

SIR AMEER ABDULLAH

 Vienna Convention for the Protection of the Ozone Layer

Background
The ozone layer is an area of the Earth's stratosphere that has a high concentration of ozone, a bluish gas. Despite
accounting for only approximately one million of the gases in the atmosphere, ozone absorbs the majority of the sun's
ultraviolet light. Without the ozone layer, radiation would wipe out all life on the planet's surface. In 1970s 1, scientists
discovered some man-made chemicals like chlorofluorocarbons(CFCs), halons and ozone depleting substances(ODS)
which were being extensively used by humans in industries, refrigerators and aerosol cans etc. These substances, when
released into the atmosphere, affected the stratosphere which in turn resulted in the degradation of ozone layer. Falling
ozone levels led to the thinning of ozone layer and formation of ozone holes over certain regions. The appearance of a
huge ozone hole over Antarctica Continent brought international attention towards the issue of ozone layer depletion.
The Antarctic ozone hole was a seasonal occurring, it developed every winter in 1979. In 1980s and 90s, the ozone hole
increased dramatically in size. The scientists raised concern about the cascading effect of substantial and rapid
degradation of ozone layer, such as global warming, skin diseases, cataracts, harm to ecosystem and agriculture due to
exposure to the harmful ultra-violet (UV) radiations. As a result of these alarming concerns, the international community
began debates and agreements to address the issue of ozone depletion. This led to the formation of Vienna Convention
for the Protection of Ozone Layer.

FAST FACT The hole in Earth’s ozone layer above Antarctica is now about the size of North America.

Introduction
The Vienna Convention for the Protection of the Ozone Layer 2 is a multinational environmental pact signed on March 22,
1985 in Vienna, Austria. The Vienna Convention was the first convention of any kind to be signed by all countries in the
world. It was put into effect on September 22, 1988 and reached universal ratification in 2009.The official language of
the convention are Arabic, English, Russian, Spanish, French and Chinese. The Holy See, the State of Palestine, Niue, the
Cook Islands, and the European Union are among the 198 states that have ratified the agreement. It is also recognized
by the UN. The convention was promoted by organizations such as the World Meteorological Organization and the
United Nations.

It aimed at providing framework for international reductions of chlorofluorocarbons (CFCs) due to their contribution in
stratospheric depletion of ozone layer- that filters the harmful ultraviolet rays of the sun before they enter the earth’s
atmosphere. As VCPOL was the first international treaty to be based on scientific consensus, therefore, it was landmark
achievement in the international environmental law. The Convention is a non-binding agreement so it does not require
other parties to take specific measures but it does require their cooperation in monitoring, research and information
exchange. The Vienna Convention also established a framework for regulatory measures, which were implemented in
the form of the Montreal Protocol in 1987.

Objectives
The objectives3 of Vienna Convention are:

1
United Nations. “Vienna Convention for the Protection of the Ozone Layer.” March 22, 1985
2
https://en.wikipedia.org/wiki/Vienna_Convention_for_the_Protection_of_the_Ozone_Layer
3
Benedick, Richard. 2005. “‘Protecting the Ozone Layer: The Vienna Convention is Adopted.’” Environmental History Review 29, no. 2: 291–312.
  To safeguard human health and the environment from the detrimental impacts of human activities that change
or are likely to cause changes in the ozone layer. This includes protecting people from excessive UV radiation
exposure, which can lead to skin cancer, cataracts, and immune system suppression. It also includes
safeguarding ecosystems from the effects of UV radiation, such as decreased crop yields and forest damage.

 To take adequate precautions for controlling the production and consumption of ozone-depleting substances
(ODS) such as chlorofluorocarbons (CFCs), hydro-chlorofluorocarbons (HCFCs), and halons to prevent ozone-
depleting activities. When ODSs are discharged into the atmosphere, they degrade and emit chlorine and
bromine atoms, which can damage ozone molecules.

 To collaborate in the legal, scientific, and technical domains relating to ozone layer protection. This includes
exchange of information regarding the ozone layer, finding innovative technology to manage ODSs, and
supporting poorer countries with technical assistance.
 To build an institutional framework for international cooperation on ozone layer protection. This involves the
establishment of the Conference of the Parties (COP), the Convention's supreme body, and the Ozone
Secretariat, which provides administrative and technical support to the COP.

Opposition to convention
The fact that the agreement was signed by all countries bears witness to the seriousness of ozone depletion at the time,
as well as the willingness of countries all over the world to work together to address it. There was not much objection to
the treaty itself. Instead, the issues centered on opposing perspectives on the severity of the ozone depletion problem
and potential solutions. Concerns raised by many countries were:

Economic Implications: Some governments voiced concern about the potential economic consequences of lowering or
eliminating ozone-depleting compounds. Transitioning to alternate technologies and substances may provide economic
issues for industries that rely on these substances.

Scientific Uncertainty: There was discussion concerning the scientific uncertainty surrounding ozone depletion and its
direct link to human activities, despite the fact that the overwhelming consensus among experts supported the link
between ozone-depleting compounds and ozone layer depletion.

Technological Challenges: Some countries were concerned about the availability and affordability of alternative
technologies that could replace ozone-depleting compounds in particular industries.

Leadership in negotiation
A number of nations took part in the discussions for the Vienna Convention for the Protection of the Ozone Layer,
although only a handful of them were very important. The United States, Canada, and European countries such as the
United Kingdom, Germany, and Norway were prominent proponents of international action to combat ozone depletion.

In terms of its scientific competence and recognition of the environmental and health consequences of ozone layer
depletion, the United States was particularly noteworthy. American scientists made substantial contributions to the
study of ozone depletion, and the United States was a vocal advocate for worldwide cooperation to address
environmental issues as an issue of greater concern. Canada also played a pivotal role in the convention by actively
contributing to the establishment of fundamental principles and promoting a responsible and proactive approach to
addressing ozone depletion. The country's participation in the convention facilitated the exchange of vital information
and encouraged collaboration among nations to mitigate the impact of human activities on the ozone layer. Canada's
dedication to hosting a comprehensive ozone-monitoring program and sharing essential scientific data further
demonstrated its leadership in advancing the goals of the Vienna Convention. Sweden was a key player in pushing ODS
alternatives, pioneering the development of ozone-friendly refrigerants and foam-blowing agents. Their technological
advances cleared the door for the elimination of ODS without jeopardizing industrial processes. Norway led the drive for
specific ODS control measures, proposing the first CFC restrictions, which were ultimately accepted by the Vienna
Convention. Their proactive approach proved their commitment to taking tangible steps to address the ozone depletion
situation. Despite initial doubts, the United Kingdom finally embraced the Vienna Convention and played a positive role
in its implementation. They recognized the value of international collaboration and helped to build protocols under the
Convention.

Tools used by convention for resolving an environmental issue

The Vienna Convention for the Protection of the Ozone Layer employs a variety of approaches and mechanisms to
address environmental challenges, including ozone layer depletion. These are some examples:

Systematic Observations and Research: The Convention aims to urge parties to promote cooperation on the effects of
human activities on the ozone layer by systematic observations, research, and information exchange. This scientific
research serves as the foundation for understanding ozone layer depletion and designing mitigation solutions.

Information Exchange: The Convention encourages parties to share information about the impacts of ozone-depleting
chemicals and the measures taken to counteract them. This information sharing allows countries to learn from one
other's ozone layer protection experiences and efficient methods.

Adoption of Legislative or Administrative Measures: The Convention urges members to take legislative or
administrative action against activities that are likely to harm the ozone layer. This could involve regulating the
manufacture, import, and export of ozone-depleting substances, as well as promoting alternative technologies and
equipment that cut down on ozone-depleting substance emissions.

International Cooperation and Agreements: The Convention establishes a framework for worldwide cooperation in the
fight against ozone depletion. It resulted in the creation of the Montreal Protocol on Substances that Deplete the Ozone
Layer, which includes precise rules for controlling, reducing, and eliminating ozone-depleting substance production and
consumption.

Level of Effectiveness
Under the framework, Vienna Convention for the Protection of the Ozone Layer, governments pledge to share
information, take "appropriate measures" to prevent activities that affect the ozone layer, and collaborate on significant
ozone research and scientific evaluations. The Vienna Convention's effectiveness can be assessed using the regime
effectiveness framework, which encompasses compliance, effectiveness, and adaptability.

Compliance: The Vienna Convention was able to achieve a high level of compliance. The Convention has been ratified by
198 nations as of 2021. This demonstrates a strong commitment to the Convention's goals.

Effectiveness: The Vienna Convention's efficacy can be measured by the reduction in the production and use of ozone-
depleting compounds. The Convention established the groundwork for the development of regulatory measures, such as
the Montreal Protocol, which was successful in limiting the production and consumption of ozone-depleting compounds.
The fact that the ozone layer is recovering demonstrates the success of the Vienna Convention.
Adaptability: The Vienna Convention has proven to be effective in adjusting to new scientific facts and changing
conditions. The Convention has been modified multiple times in order to incorporate new compounds and tighten
existing regulations. The most recent amendment, the Kigali Amendment, was agreed upon in 2016 and aims to phase
down the production and consumption of hydro-fluorocarbons (HFCs).

Strengths
The Vienna Convention for the Protection of the Ozone Layer is an excellent example of successful international
collaboration and coordinated effort to address a serious environmental issue. Several essential aspects of its success 4
attest to its achievement. For to begin with, the convention created the framework for the historic Montreal Protocol,
which is a tribute to global agreement and dedication. Nations agreed to phase out the production and consumption of
ozone-depleting substances (ODS) such as chlorofluorocarbons (CFCs) and halons under this protocol. This remarkable
agreement has resulted in significant reductions in the emission of these dangerous compounds, thereby reducing
ozone layer depletion and averting potentially catastrophic effects. Secondly, scientific awareness and investigation are
the foundations of the convention's accomplishments. The emphasis on continuous scientific monitoring and
assessment has resulted in a complete understanding of the dynamics of the ozone layer and the effects of ODS,
allowing for evidence-based policy formation and targeted actions. Furthermore, the convention's versatility and desire
to evolve has been critical to its success.. The convention's landslide ratification shows its importance as a global
problem. As a result of these collaborative efforts, actual environmental benefits have been realized. Studies show that
the ozone layer is recovering, suggesting that the measures presently in place are effective in controlling ozone
depletion and, as a result, lowering the health hazards associated with increasing UV radiation exposure.

Weakness
The Vienna Convention for the Protection of the Ozone Layer has been critiqued for failing to set legally binding
reduction targets for the use of chlorofluorocarbons (CFCs), the primary chemical agents responsible for ozone
depletion. The Convention's duties are broad, with no explicit limits on ozone-depleting chemicals. Furthermore, the
Convention does not obligate governments to implement actual measures to limit ozone-depleting compounds. Instead,
it acts as a framework agreement in which governments undertake to collaborate on relevant research, scientific
evaluations, and the implementation of suitable actions to prevent ozone-depleting activities. While the treaty has
successfully phased out traditional ODS, the development of other substances has created new concerns. Some of these
alternatives while less detrimental to the ozone layer, may have negative environmental consequences, such as
contributing to climate change and change in greenhouse gases.

Relevance to Pakistan
Pakistan, like many other developing nations, has signed and ratified the Vienna Convention and its subsequent
amendments. In 1996, the Ministry of Environment formed the Ozone Cell to oversee the implementation of the
Montreal Protocol and its amendments in Pakistan.

Pakistan's5 progress in the Vienna Convention can be assessed by its pledge to minimize ozone-depleting substance
emissions and engage in international collaboration. The nation has been engaged in ozone layer research and
monitoring, utilizing TOMS data to study long-term trends in total ozone over Pakistan and the nonlinear dynamics of
4
Marjorie Mygrants, "Analysis of the Success of the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol," 36 Mich. J. Int'l L. 224
(2015).

5
https://ozone.unep.org/Meeting_Documents/research-mgrs/7orm/7orm-Pakistan.pdf
ozone layer depletion for Pakistan's stratospheric area. Pakistan has also participated in regional projects and
collaboration, like the SUPARCO-Pakistan UV Insulation Monitoring Project. Through the Multilateral Fund for the
Implementation of the Montreal Protocol, Pakistan has worked with implementing agencies like the World Bank,
UNIDO, and UNDP to offer financial and technical support to a number of businesses looking to phase out the use of
ODSs and switch to ozone-friendly technology. Pakistan is not an ODS manufacturer, although it does import a few of
these deadly compounds to meet domestic demand. As a member to the Montreal Protocol, Pakistan is phasing out the
usage of ODSs in order to safeguard the ozone layer. However, Pakistan faces challenges in ozone research, such as a
lack of physical infrastructure and qualified people resources for upper-atmosphere research.

Conclusion
In conclusion, The Vienna Convention for the protection of ozone layer represents a historic milestone in international
environmental cooperation. Initiated in response to the alarming depletion of ozone layer caused by human activities,
the convention gathered unanimous support from nations worldwide. Its objectives, encompassing the safeguard of
human health, ecosystems and international collaboration laid the foundation for the subsequent Montreal Protocol.
The convention’s success is evident in its high compliance rate. The reduction of ozone depleting compounds and
adaptability to emerging challenges, as demonstrated by the recent Kigali amendment aimed at phasing down hydro-
fluorocarbons.

While the convention has proven effective in addressing ozone layer depletion, it is not without weaknesses. Critics
argue that its lack of legally binding reduction targets for specific substances, such as chlorofluorocarbons(CFCs), and its
broad duties without explicit limits on ozone depleting chemicals pose limitations. Additionally, the emergence of
alternative substances, while less harmful to the ozone layer, raises environmental concerns. Nevertheless, the
conventions strengths, including its role in catalyzing global collaboration and fostering scientific awareness, underscore
its significance in mitigating a critical environmental issue. In the context of Pakistan, the country’s commitment to the
convention and active participation in international efforts reflect a commendable dedication to ozone layer protection
despite facing challenges in research capacity and infrastructure.