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Research On The International Law Of Ozone Layer Protection And Its Development

Posted on:2021-08-15Degree:MasterType:Thesis
Country:ChinaCandidate:KAPANCHIYEV ARSLANFull Text:PDF
GTID:2516306464487244Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Since the late 1970 s,the ozone layer has been found to have suffered significant depletion.In the 1980 s,the popularity of refrigeration equipment such as refrigerators and air conditioners made some artificial chlorides popular as refrigerants,and the chlorine and bromine released by chlorofluorocarbons and other chlorofluorocarbons could directly lose ozone,resulting in ozone holes over Antarctica.In order to protect the ozone layer and phase out ozone-depleting substances,the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer were concluded by the international community in 1985 and 1987,respectively.The Vienna Convention for the Protection of the Ozone Layer was a framework agreement,but no mandatory emission reduction targets for ozone-depleting substances were established.The Montreal Protocol on Substances that Deplete the Ozone Layer,adopted in 1987,is a global agreement for specific control of ozone-depleting substances.However,the Montreal Protocol,adopted in 1987,did not reflect“common but differentiated responsibilities”,contained provisions that were detrimental to developing countries,and scientific evidence was insufficient and the scope of controlled substances was too small to achieve the purpose of preventing the continued deterioration of the ozone layer.It was therefore decided to amend and adjust the Montreal Protocol at the meetings in London in 1990,Copenhagen in 1992,Montreal in 1997 and Beijing in 1999,respectively,by clarifying the phase-out schedule and introducing other control measures and adding new types of controlled substances.This includes the legal establishment of a multilateral fund mechanism for the protection of the ozone layer,requiring developed countries to provide non-reimbursable financial resources to developing countries to finance and transfer alternative technologies,and stricter requirements on the types andtimelines of controlled substances phased out,such as the requirement that developed countries phase out CFCs in 1996,halons in 1994 and developing countries phase out these two types of substances in 2010.Thus,from the Framework Convention to the protocol,from only principled provisions to the inclusion of specific measures,from unfair to more reasonable and constantly reconciled amendments,a more complete and strict international legal regime for the protection of the ozone layer has gradually been formed.This paper focuses on the analysis of the specific content of international legal agreements,in particular the Vienna Convention of 1985,the Montreal Protocol on Substances that Deplete the Ozone Layer of 1987 and subsequent amendments,studies implementation practices at the international and national levels,draws on existing experience in the protection of the ozone layer,explores the relationship between countries,summarizes the gaps between the various subjects on this issue,and thus has a comprehensive understanding of the history and current situation of countries in fulfilling their international obligations in the protection of the ozone layer,Grasp the development trend of solving global environmental problems and put forward feasible methods for ozone layer protection.
Keywords/Search Tags:Ozone layer, legal protection, comparative studies, development trends
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