Use this URL to cite or link to this record in EThOS: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.664138
Title: The international legal régime for the protection of the stratospheric ozone layer
Author: Yoshida, O.
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 1998
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Abstract:
Part I (i.e. Chapter I), which will prove helpful as an introduction to the ozone layer régime, analyses international legal régimes for the environment, focusing on their relationship with law-making/developing, international environment co-operation 'soft enforcement' of treaty by internal international institutions, and finally, non-governmental organisations. In this part, the international régime for ozone will be conceptually characterised as the 'self-contained' environmental régime, having erga omnes character in the field of general international law. Part II (composed of Chapters II & III) is devoted to the detailed legal analysis of the international treaties for the protection of the ozone layer. Chapter II examines the 1985 Vienna Ozone Layer Convention in the context of modern international law of the environment: it addressed, for example, the precautionary environmental 'principle'/approach and the common concern of (hu)mankind. Chapter III deals with (i) the gradual development or internationalisation of O.D.S. regulatory measures under the 1987 Montreal Protocol and (ii) national implementation and enforcement of the ozone treaties. To understand the real operation of the ozone layer régime, a great number of conference documents or reports prepared by the U.N.E.P. Secretariat will be used here. Part III (i.e. Chapter IV) discusses extensively the relationship between Article 4 of the Montreal Protocol and the G.A.T.T./W.T.O. trade law régime. It will be established that - viewed in its entirety - the Montreal Protocol's Article 4 trade restrictions seem to be compatible with the stringent trade rules of the G.A.T.T./W.T.O economic law. Some issues in Part III are, of course, closely analysed by international trade lawyers. This Chapter, however, includes detailed studies of Article 4 provisions as amended (Section II) and the relationship between M.E.A.'s dispute settlement mechanisms (Montreal N.C.P. in particular) and the G.A.T.T./W.T.O. dispute settlement system (Section IV (B)).
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.664138  DOI: Not available
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