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INTERNATIONAL TREATIES
AIR PROTECTION
PROBLEMS RELATED TO THE AIR
POLLUTION
Acid rains and other pollution
Ozone layer depletion
Global climate change
CASE LAW
Trail Smelter case – 1935
…. Under the principles of international law …. no state has the
right to use or permit the use of its territory in such a manner as
to cause injury by fumes in or to the territory of another or the
properties or persons therein, when the case is of serious
consequence and the injury is established by clear and
convincing evidence.
Establishment of the concept of state liability for environmental
harm
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CONVENTION ON LONG - RANGE TRANSBOUNDARY
AIR POLLUTION
(Geneva 1979) LRTAP
Aim:
- to reduce air pollution
- cooperation in research, development and monitoring
- to develop strategies to reduce emissions of pollutants
CONVENTION ON LONG - RANGE
TRANSBOUNDARY AIR POLLUTION
(Geneva 1979) LRTAP
Protocol 1984 (EMEP) on the Long Term
Financing of the Co-operative Programmes for
Monitoring and Evaluating the Long-Range
Transmission of Air Pollutants in Europe
(Geneva)
CONVENTION ON LONG - RANGE
TRANSBOUNDARY AIR POLLUTION
(Geneva 1979) LRTAP
Protocol 1985 on the Reduction of Sulphur
Emissions or their Transboundary Fluxes by at
Least 30 Per Cent (Helsinki)
•Acid deposition
•1980 - baseline
•1993 - deadline
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CONVENTION ON LONG - RANGE TRANSBOUNDARY
AIR POLLUTION
(Geneva 1979) LRTAP
Protocol 1994 on Further Reduction of
Sulphur Emissions (Oslo)
1980 – baseline
2010 – deadline
Obligation to reduce emissions so that their influence on the
nature and ecosystems would not exceed „critical loads“
(72% reductions for the CR)
Emission limitations for new sources of pollution
CONVENTION ON LONG - RANGE
TRANSBOUNDARY AIR POLLUTION
(Geneva 1979) LRTAP
Protocol 1988 Concerning the Control of
Emissions of Nitrogen Oxides or their
Transboundary Fluxes (Sofia)
1987 – baseline
1994 – deadline
Acid deposition and tropospheric ozone
CONVENTION ON LONG - RANGE TRANSBOUNDARY
AIR POLLUTION
(Geneva 1979) LRTAP
Protocol 1991 on the Control of Emissions of
Volatile Organic Compounds and their
Transboundary Fluxes (Geneva)
30% reductions of VOC emissions or introduction of new
technologies
Baseline 1984-1990
Deadline 1999
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CONVENTION ON LONG - RANGE TRANSBOUNDARY
AIR POLLUTION
(Geneva 1979) LRTAP
Protocol 1998 on Heavy Metals (Aarhus)
To reduce emissions of heavy metals (lead, cadmium, mercury
Baseline 1985 – 1995
Reductions are set by states individually according their
conditions
2 sets of limitations a) emission limits for heavy metals
b) emission limits for solid particles
Reductions of lead content in leaded gasoline; its elimination
till 1.1.2005
Reductions of mercury content in batteries
CONVENTION ON LONG - RANGE
TRANSBOUNDARY AIR POLLUTION
(Geneva 1979) LRTAP
Protocol 1998 on Persistent Organic
Pollutants (Aarhus)
POPs – aldrin, chlordan, DDT, dieldrin, heptachlor, mirex, …
To reduce or eliminate emissions and leakages of POPs
To halt the production and use of substances at the list I.
To manage environmentally sound disposal of POP products
and wastes
Dibenzo-p-dioxin and dibezofurans emission limits for large
stationary sources (Appendix IV and V)
CONVENTION ON LONG - RANGE TRANSBOUNDARY
AIR POLLUTION
(Geneva 1979) LRTAP
Protocol 1999 to Abate Acidification,
Eutrophication and Ground-Level Ozone
(Gothenburg)
To reduce anthropogenic emissions of sulphur,
NOx,
Ammoniac, VOCs
National ceillings to be met in 2010
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CONVENTION FOR THE PROTECTION OF THE
OZONE LAYER (Vienna 1985)
•Framework convention
•Cooperation in research and information exchange
OZONE LAYER
The Ozone Hole on 12th September 2014 - The latest falsecolor
view of total ozone over the Antarctic pole. The purple
and blue colors are where there is the least ozone, and the
yellows and reds are where there is more ozone. (Image:
NASA)
CONVENTION FOR THE PROTECTION OF THE
OZONE LAYER (Vienna 1985)
Protocol 1987 on Substances that Deplete the Ozone
Layer (Montreal Protocol)
Aim: to reduce CFCs production and use
Tools: division of substances into groups according to their
ozone-depletion potential
phase-out of CFCs production and use
regulation of trade with non-parties
multilateral fund (to finance projects in developing countries
data reporting (the amount of production and consumption)
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CONVENTION FOR THE PROTECTION OF THE
OZONE LAYER (Vienna 1985)
Adjustments and Amendments to the 1987 Montreal
Protocol : London 1990
Copenhagen 1992,
Montreal 1997,
Beijing 1999
The extension of CFCs list
Acceleration of reductions
Licence system to control import and export of CFCs
The end of exemptions for developing countries (1997)
THE OZONE STORY
1985: Vienna Convention for the Protection of the Ozone
Layer calls for voluntary measures to reduce emissions
of ozone-depleting substances (ODS).
1987: Montreal Protocol on Substances that Deplete the
Ozone Layer establishes a schedule to reduce the
production and consumption of CFCs and Halons.
1991: The Multilateral Fund established, with UNDP, UNEP,
UNIDO and World Bank as the implementing agencies,
to provide financial and technical assistance to
developing countries (Article 5) to enable them comply
with the control measures.
THE OZONE STORY
1994: Production and consumption of Halons by developed
countries is stopped except for essential uses
1996: Production and consumption of CFCs , carbon
tetrachloride and methyl chloroform by developed
countries stopped except for essential uses while
consumption of HBFCs stopped for all parties
1997: A system for licensing the import and export of all
ozone depleting substances becomes mandatory to all
parties to the Montreal Protocol in order to control
illegal trade.
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ACHIEVEMENTS
• Global Production of CFCs and Halons fell by over one
million tonnes (by 92%) between 1986 and 2002.
• Global Consumption fell in the same period by the same
margin (92%)
• Atmospheric Concentration of Chlorine peaked in
1994 and is now declining.
• Millions of cases of Eye Cataracts and Skin Cancer averted
• Recovery of the Ozone Layer expected by the year 2050, if
the Protocol is fully implemented by all Parties.
CONVENTION ON CLIMATE CHANGE
(Rio de Janeiro 1992)
Aim: the stabilization of greenhouse gasses concentrations
in the atmosphere at the level that would prevent climate
change
Tools: national inventories of greenhouse gasses sources
and sinks
national action programs
Obligations: development of ecosystems as GG sinks
support technologies for emission reduction
monitoring, research, cooperation, info-exchange
CONVENTION ON CLIMATE CHANGE
(Rio de Janeiro 1992)
Protocol 1997 (Kyoto)
Quantitative aims for GG emission reduction including their
sinks
Commitment of Annex I parties to quantified reduction targets
and a timetable for their achievement
Different obligations (CR – 8% reductions of GG
concentrations during 2008 - 2012 comparing to the 1990)
Six gasses are covered by the emission reductions
commitments (CO2, NOx, methane, hydrofluorocarbons,
perfluorocarbons and sulphur hexafluoride)
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Convention on Climate Change
(Rio de Janeiro 1992)
Protocol 1998 Buenos Aires
Protocol 2001 Bonn
2 ways to fulfill obligations:
a) joint implementation of emission reductions
commitments
b) emissions trading – any part may transfer to or
acquire from any other party of Annex I emission
reduction credits resulting from the projects
Convention on Climate Change
(Rio de Janeiro 1992)
UN Climate Change Conference 2015 Paris
Paris Agreement:
• Goal – to limit global warming to less than 2 degrees
Celsius (°C) compared to pre-industrial levels
• The agreement will enter into force when joined by
at least 55 countries which together represent at least
55 percent of global greenhouse emissions
• Non-binding commitments, lack of enforcement
mechanisms