Montreal Protocol
The Montreal Protocol on Substances that Deplete the Ozone Layer, is a multilateral environmental agreements and thus a legally binding contract of environmental law. It was adopted on 16 September 1987 of the Parties to the Vienna Convention for the Protection of the Ozone Layer and is a concretization of this Agreement. It entered into force on 1 January 1989. The States are committed, under the Montreal Protocol to its obligation to "take appropriate measures to protect human health and the environment from harmful effects which probably change due to human activity that alters the ozone layer, caused or likely to be caused " (Preamble ).
The Montreal Protocol is based on the precautionary principle and is a milestone in environmental law. The signatory States undertake to reduce and eventually to the complete elimination of emissions of chlorine-and bromine-containing chemicals that destroy stratospheric ozone. The controlled substances are divided into five Annexes and predominantly contain halogenated hydrocarbons ( HHC, brand names Freon, freons and Solkane ), such as chlorofluorocarbons (CFCs ) or brominated hydrocarbons (incorrectly referred to as bromides ). Currently not covered so far is nitrous oxide ( laughing gas), which has now become partly due to the drastic reduction of CFC emissions into the most important source of ozone- damaging emissions.
It is unusual for an international treaty and is a strong control mechanism that these lists may be amended by a two -thirds majority, that a state can get imposed even against his will an obligation under international law. Changes are intended to respond to scientific knowledge and technological progress. For developing countries, more generous time limits (Article 5) shall apply in the reduction of the substances in order " to meet basic domestic needs " her.
The countries have agreed to cooperate in research on the mechanisms of ozone depletion. They are also obliged to pass technologies under "fair and most favorable conditions " to developing countries, in particular environmentally friendly substitutes for the controlled substances (Article 10A). In addition to the strong and binding measures has contributed to the success of the protocol and the solid financing through a multilateral fund, to support developing countries in fulfilling their contractual obligations. The Multilateral Fund ( MLF ) is headed by the Executive Committee ( Excom ) and the MLF Secretariat. The four multilateral organizations, World Bank, UNDP, UNIDO and UNEP support developing countries with funds from the MLF in the implementation and enforcement of the provisions of the Montreal Protocol. In addition, developed countries can use 20% of their financial contributions through their own implementing organizations to support developing countries. The Proklima program of the German GTZ on behalf of the Federal Ministry for Economic Cooperation and Development projects in over 40 countries for the substitution of ozone-depleting substances by. Meanwhile, the control rules by the five change logs of London (1990 ), Copenhagen (1992 ), Vienna (1995 ), Montreal (1997 ) and Beijing were (1999) adapted and updated.
Status of ratification