Ozone Protection: The International Legal Regime

Description
Preface

Table of Contents

	Introduction
I	Legal and Policy Aspects of the Montreal Protocol Regime
II	Principles Underlying the Montreal Protocol Regime
III	Environmental Governance with Special Reference to Ozone Protection
IV	Environmental Financing: Trust Funds for Ozone Protection
V	Compliance Regime of the Montreal Protocol
	Conclusions
	Annex I: Terms of Reference for the Multilateral Fund
	Annex II: Juridical Personality, Privileges and Immunities of the Multilateral Fund
	Annex III: Agreement between the Government of Canada and the United Nations concerning the priveleges, immunities and other facilities OF United Nations Officials servicing the Secretariat of the Multilateral Fund for the Implementation of the 1997 Montreal Protocol on Substances that deplete the ozone layer The Government of Canada and the United Nations hereinafter referred to as the “Parties”;
	Annex V: Indicative List of Measures that might be Taken by a Meeting of the Parties in Respect of Non-Compliance with the Protocol
Literature
Figures
Abbreviations
Index

Description

Written by the Senior Legal Counsel of the Ozone Secretariat, this book critically examines the implementation of the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer. This successful Protocol represents a dynamic legal regime that has made significant contributions to the progressive development of international environmental law resulting from innovative legal approaches, unparalleled in the history of treaty making, such as the use of framework treaties, simplified treaty amendment procedures and ‘soft law’ instruments.

The author addresses issues related to environmental governance, environmental financing and the non-compliance procedure. The Montreal Protocol has considerably influenced subsequent multilateral environmental agreements, such as the Climate Change Convention and the Kyoto Protocol, as they have embraced similar financial mechanisms and non-compliance regimes.

Furthermore, emerging principles of international environmental law such as the precautionary principle, sustainable development, state responsibility for environmental damage and common but differentiated responsibilities are analyzed in-depth, focusing on their application in the implementation of the Montreal Protocol as welll as their impact on the progressive development of international environmental law.

As the Montreal Protocol plays an important role in the development of international environmental law, a book that specifically deals with this significant Protocol cannot fail to be of importance to anyone interested in this area of law.

Target group

Academics

Author's information

Gilbert M. Bankobeza, LLB (Dar es Salaam), LLM (Alberta), LLD (Geneva), is currently Senior Legal Adviser on international treaties to protect the ozone layer at the Ozone Secretariat, United Nations Environment Programme in Nairobi, Kenya. Prior to that he was legal adviser in the Ministry of Foreign Affairs, United Republic of Tanzania and a Solicitor in Macdonald and Freund - Barristers, Solicitors and Notaries Public, Edmonton, Canada. He is author of several articles on various aspects of international environmental law and a member of a number of international professional associations.

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