Yearbook of International Environmental Law - Vol. 7

By Jutta Brunnée; Philippe Sands et al. | Go to book overview

The MOP also set the scene for an important new development in the phasing out of ozone-depleting substances (ODS) by adopting a decision on the beginning of a process to end the use of ODS in so-called metered dose inhalers, devices for the treatment of asthma and chronic obstructive pulmonary diseases. At the same time, the MOP closed a potential loophole in the control of methyl bromide by deciding that all trade in containers was to be considered "trade in bulk." Had the MOP decided, as had been proposed earlier, that only trade in containers greater than 2 kg be considered trade in bulk, a large percentage of the worldwide use of methyl bromide would not have been counted toward consumption and production under the terms of the Protocol and the control measures for methyl bromide would thus have become even weaker.

The MOP was also able to restructure the TEAP. This restructuring fulfills the double objective of making the constitution and the operation of the TEAP more transparent and credible, while at the same time making the panel more accessible to participation from developing country experts.

Questions about the implementation of and compliance with the Protocol continued to play an important role in the MOP's discussions. The Montreal Protocol's Implementation Committee met three times in 1996 to deal with the still pending issues of non-compliance by the Russian Federation. While the prospect of positive cooperation with that country has considerably improved since last year, the issue of illegal trade in both virgin and recovered or recycled substances will have to be tackled in the future.

1997 was thus expected to present many challenges, most of which result from decisions of the 7th MOP in Vienna. Parties will have to consider such delicate questions as the "critical agricultural uses" of methyl bromide, the need for a trade ban vis-a-vis nonparties to the Protocol, and reduction and phase-out for developing countries.

Hugo Maria Schally


3. GLOBAL CLIMATE

(1) Introduction

1996 did not see major progress in climate policy on the international, national, or regional level. However, important advances were made in the understanding of the scientific dimensions of climate change, the economic implications, and the need for specific instruments to curb climate change. Another important breakthrough was the commencement of actual negotiations toward the adoption of a protocol (or another legal instrument) by the Third Conference of the Parties (COP3) to the Framework Convention on Climate Change (FCCC). This COP3 will be hosted by Japan and will take place in Kyoto, 1-12 December 1997.

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