In the stratosphere of the earth, there is a layer of ozone made up of three oxygen atoms per molecule. It is believed to screen against the sun’s harmful UV rays and regulate the stratosphere’s temperature structure. At lower altitudes, ozone also contributes to global warming and irritates the respiratory system while hurting plant development. Since 1960, there have been significant losses in the ozone layer over Antarctica during the spring in the Southern Hemisphere, and more recently, a hole has developed in the ozone layer over the Arctic.

Human activity-related emissions of some inert gases, mainly CFCs, are to blame for the ozone layer’s thinning. These gases break down when they are exposed to UV rays in the stratosphere, releasing free chlorine from CFCs and bromine from halons, which fragments the ozone molecule and thins the ozone layer. The 1985 Vienna Convention for the Protection of Ozone Layer and the 1987 Montreal Protocol on Substances that Deplete Ozone Layer make up the complicated framework that addresses protecting the ozone layer from these harmful substances.

Vienna Convention for The Protection Of Ozone Layer, 1987

Under the supervision of UNEP, the Vienna Convention was negotiated over a five-year period. The 22nd of March 1985 saw its adoption, and the 22nd of September 1988 saw its entry into effect. 185 States have joined as parties to it as of this writing. All States are welcome to participate in the first treaty to address the issue of the world’s atmosphere. There are 2 Annexures and 21 Articles in the Convention. It created a framework for adopting policies “to protect human health and the environment from adverse effects resulting from or likely to result from human activities which modify or are likely to modify the Ozone layer.”

What is the purpose of the Vienna Convention?

The purpose of the Vienna Convention is to protect the ozone layer from depletion. 28 countries originally signed the convention on 22nd March 1985. On 16th September 2009, Vienna Convention along with Montreal Protocol was universally ratified and thus became the first treaties in the history of the United Nations to achieve universal ratification.

Important Articles of Vienna Convention for The Protection Of Ozone Layer

The ozone layer is described in Article 1(1) of the Convention as the layer of atmosphere ozone above the planetary boundary layer.Article 2(1) of the Convention requires parties to take four categories of “appropriate measures” in accordance with the resources at their disposal, their capabilities, and the basis of pertinent scientific and technological considerations. It does not, however, prescribe any targets or deadlines for activities.

• Co-operation on systematic observation;
• Research and information exchange;
• Adoption of appropriate legislative or administrative measures and co-operation on policies to control, limit, reduce or prevent activities that are likely to have adverse effects resulting from modifications to ozone layer;
• Co-operations in the form of measures, procedures, standards to implement the Convention as well as with competent international bodies.

Article 2 further provides that parties are free to adopt additional domestic measures in accordance with international law [in the form of enactments, rules and regulations, policies] and maintain in force, compatible measures already taken.

The forms of study and systematic observations that must be conducted either directly or through international organizations are described in Article 3 and Annexure I. In a similar vein, Article 4 and Annexure II call for cooperation in legal, scientific, technical, socioeconomic, and legal information pertinent to the Convention, subject to confidentiality rules, as well as the development and transfer of technology and knowledge, taking into account the specific needs of Developing countries. The Common But Differentiated Responsibilities of the Nations when it Comes to Ceasing the Emission Reduction are Embodied in the Text of This Article of the Convention.

According to Article 6, the parties must also advise the Conference of Parties [CoP’s] about the techniques and measures they plan to use for implementation. Aside from adopting Protocols and additional Annexes, as well as amending existing Protocols and Annexes, the CoP also has the authority to take any other actions that may be necessary to carry out the objectives of the Convention.In Articles 8 to 10,

In case of disputes between parties, the Convention under Article 11 lays down several methods of dispute settlement mechanisms:

• Mediation at the request of parties under Article 11(2)
• Voluntary submission to Arbitration and ICJ under Article 11(3)
• Submission of disputes to Conciliation bodies under Article 11(4)

Article 18 provides that there may be no reservations to this Convention. Article 20 provides that the Secretary-General of UN shall assume the functions of Depositary of this Convention and any Protocol.