The Vienna Convention 1985

In one line

A framework convention with no control measures at all, adopted before the evidence arrived, and the decision to leave the controls to a later protocol is why the regime worked.

In exam wording: the Vienna Convention for the Protection of the Ozone Layer was adopted at Vienna on 22 March 1985 and entered into force on 22 September 1988; article 2 states the general obligation of Parties to take appropriate measures to protect human health and the environment against adverse effects resulting or likely to result from human activities which modify or are likely to modify the ozone layer; articles 3 and 4 require research, systematic observations and cooperation in the legal, scientific and technical fields; and articles 6 to 8 establish the Conference of the Parties, the secretariat and the power to adopt protocols.

Article 1: the definitions

The ozone layer means the layer of atmospheric ozone above the planetary boundary layer.

Adverse effects means changes in the physical environment or biota, including changes in climate, which have significant deleterious effects on human health or on the composition, resilience and productivity of natural and managed ecosystems, or on materials useful to mankind.

Alternative technologies or equipment and alternative substances are defined by reference to their capacity to eliminate, reduce or avoid adverse effects on the ozone layer.

Regional economic integration organisation is defined, which is how the European Community became a Party in its own right.

Two things to notice. The definition of adverse effects expressly includes changes in climate, in 1985, which is why the regime could later take on hydrofluorocarbons at Kigali without straining its own text. And the definition of the ozone layer is functional rather than by altitude, so it does not become obsolete as the science refines.

Article 2: general obligations

Paragraph 1. The Parties shall take appropriate measures in accordance with the provisions of this Convention and of those protocols in force to which they are party to protect human health and the environment against adverse effects resulting or likely to result from human activities which modify or are likely to modify the ozone layer.

Paragraph 2. To this end the Parties shall, in accordance with the means at their disposal and their capabilities:

• (a) cooperate by means of systematic observations, research and information exchange in order to better understand and assess the effects of human activities on the ozone layer and the effects on human health and the environment from modification of the ozone layer;
• (b) adopt appropriate legislative or administrative measures and cooperate in harmonising appropriate policies to control, limit, reduce or prevent human activities under their jurisdiction or control should it be found that these activities have or are likely to have adverse effects resulting from modification or likely modification of the ozone layer;
• (c) cooperate in the formulation of agreed measures, procedures and standards for the implementation of the Convention, with a view to the adoption of protocols and annexes;
• (d) cooperate with competent international bodies to implement effectively the Convention and protocols to which they are party.