International Legal Protection of the Atmosphere and Ozone Layer: the Continuation of the History
https://doi.org/10.17803/2311-5998.2021.86.10.123-130
Abstract
The article examines the evolution of international legal regulation of atmospheric air from transboundary pollution over long distances both in connection with the formation of international judicial practice and a series of protocols that developed the 1979 Convention, specifying its content. On the one hand, we are talking about the search for criteria for fulfilling obligations through the concept of “critical load”. On the other hand, it is about clarifying substances and processes for which special regulation is introduced to increase the likelihood of preventing pollution.
The protection of the atmosphere is also relevant to the protection of the ozone layer, provided not only through the fulfillment of obligations under the 1985 Convention, but mainly through the Montreal Protocol of 1987, which is achieved not only by more specific obligations, but also by a compliance procedure. If initially, within the framework of the international legal protection of atmospheric air and the protection of the ozone layer, the principles of international environmental law were only declared, then with the adoption of the protocols they received confirmation of their implementation. Strengthening such important principles such as no harm outside national jurisdiction, precaution, common but differentiated responsibility
About the Author
N. А. SokolovaRussian Federation
Head of the Department of International Law, Dr. Sсi. (Law), Associate Professor
9, ul. Sadovaya-Kudrinskaya, Moscow, 125993
References
1. Koskenniemi M. Breach of treaty or non-compliance? // Yearbook of International Environmental Law. — 1992. — Vol. 3. — No. 1. — P. 123—162.
2. Sarma K. М. Compliance with the multilateral environmental agreements to protect the ozone layer // Ensuring compliance with multilateral environmental agreements: A dialogue between practitioners and academia / ed. by U. Beyerlin, P.-T. Stoll, R. Leiden Wolfrum. — Boston : Martinus Nijhoff Publishers, 2006. — P. 25—38.
3. Shaw Malcolm N. International Law. — 5th ed. — Cambridge : Cambridge University Press, 2003. — 1288 p.
4. Yoshida O. Soft enforcement of treaties : The Montreal protocol’s noncompliance procedure and the functions of internal international institutions // Colorado Journal of International Environmental Law and Policy. — 1999. — Vol. 10. — Is. 1. — P. 95—141.
Review
For citations:
Sokolova N.А. International Legal Protection of the Atmosphere and Ozone Layer: the Continuation of the History. Courier of Kutafin Moscow State Law University (MSAL)). 2021;(10):123-130. (In Russ.) https://doi.org/10.17803/2311-5998.2021.86.10.123-130