Global environment: An emerging challenge for international cooperation building a legal regime for ozone layer depletion.

Abstract

Global environment is presenting new opportunities and challenges for international cooperation. The depletion of the ozone layer is one of the successful cases where the world community has demonstrated a rare consensus to address a global problem. This study: (1) examines the role of international law and institutions in shaping a regime for ozone layer depletion as formalized in the 1987 Montreal Protocol; (2) evaluates contributions of the ozone regime to the development of international environmental law, and (3) analyzes its implications for future international cooperation. Using regime theories as a methodological framework, the study integrates science, policy, law and institutions to show how they interact to create understandings, practices, and procedures in international relations. Traditionally, regime theorists have focused on power and interest to explain international cooperation. The existing theories were found to be inadequate for the analysis of ozone regime. I have offered an alternate explanation by incorporating the element of "law" into regime studies and linking regimes with "institutions"--the raison d'etre of the regimes. This modified explanation helps to provide a better understanding of the formation of the ozone regime. The study suggests that the ozone regime has produced a new generation of environmental norms. These norms, both procedural and substantive, put "flesh on the bone" of environmental law and keep ozone regime as a political process in motion, thus, adapting to the changing technological and scientific environment. Moreover, the ozone regime marks a turning point in the shift of emphasis from single-issue pollution laws to an encompassing law of the atmosphere. A new form of international cooperation also emerged from ozone negotiations. This cooperation was promoted by joint efforts of the United Nations Environment Programme (UNEP) and the world scientific community. UNEP used scientific findings to persuade the parties to the ozone negotiations to re-evaluate their political stance in light of evolving scientific knowledge. At a time when traditional bases of power seem to be eroding, international institutions are viable structures to initiate efforts to address human concerns and facilitate decisions by the international community. Similarly, the world scientific community may prove influential in future global policymaking, in particular on the issues with high degrees of scientific uncertainty.